I 


7 


University  of  California  •  Berkeley 


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,  70/0 


JOURNAL  AND'  DEBATES 


OF    THE 


OF    THE 


STATE  OF  WYOMING. 


Begun  at  the  City  of  Cheyenne  on  September  2,  1889,  and  concluded 
September  30,  1889. 


PRINTED  BY  AUTHORITY. 


CHEYENNE,  WYO. 
TJIE  DAILY  SUN,  BOOK  AND  JOB  PKINTING, 

1893 


W76 


OF  THE 


J 

STATE  OF  WYOMING. 


FIRST  DAY. 

HALL  OF  CONSTITUTIONAL  CONVENTION, 

CAPFIOL  BUILDING, 

Cheyenne,  Wyo.,  Monday,  Sept.  2,  1889. 

The  delegates  elected  to  the  convention  to  form  a  constitu- 
tion for  the  proposed  State  of  Wyoming  met  at  the  Supreme 
Court  room  in  the  Capitol  building-  at  Cheyenne,  Laramie  Coun- 
ty, Wyoming,  at  12  o'clock  noon,  and  was  called  to  order  by  Hon. 
A.  B.  Conaway,  of  Sweetwater  County. 

Mr.  Morgan  of  Laramie  County  moved  that  a  committee  on 
temporary  organization  be  appointed,  to  consist  of  one  mem- 
ber from  each  county. 

The  motion  was  carried. 

The  chairman  appointed  as  said  committee: 

M.  N.  Grant  of  Albany  Caunty, 

G.  C.  Smith  of  Carbon  County, 

W.  C.  Irvine  of  Converse  County, 

R  H.  Scott  of  Crook  County, 

D.  O.  Preston  of  Fremont  County, 
C.  IT.  P>urritt  of  Johnson  County, 

H.  E.  Teschemacher  of  Laramie  County, 
H.  A.  Coffeen  of  Sheridan  County, 
Frank  M.  Foote  of  Uinta  County, 

E.  J.  Morris  of  Sweet  water  County. 

"   On  motion,  a  recess  of  30  minutes  was  taken. 

After  recess  the  committee  on  temporary  organization  pre 
sen  ted  the  following  report: 


4  CONSTITUTIONAL  CONVENTION. 

HALL  OP-  CONSTITUTIONAL  CONVENTION, 

CAPITOL  BUILDING, 

Cheyenne,  Wyo.,  Sept.  2,  icSSp, 

Your  commit  lee  on  temporary  organization  have  had  the 
matters  referred  to  them  under  consideration,  and  respectfully 
report  as  follows: 

For  temporary  president,  H.  S.  Elliott  of  Johnson  County. 

For  temporary  secretary,  J.  K.  Jeffrey  of  Laramie  County. 

We  also  request  that  Robt.  C.  Morris  report  the  proceed- 
ings of  the  temporary  organization. 

M.  N.  GRANT,  Chairman. 

D.  O.  PRESTON,  Secretary. 

On  motion  the  report  of  the  committee  on  temporary  organ- 
ization was  adopted.  Mr.  H.  S.  Elliott  of  Johnson  County  then 
assumed  the  chair,  as  temporary  chairman,  John  K.  Jeffrey 
acting  as  temporary  secretary. 

It  was  moved  by  Mr.  Reed  of  Laramie  County  that  a  com- 
mittee on  credentials  be  appointed  to  consist  of  one  membetr 
from  each  county. 

The  motion  was  carried.  The  chair  appointed  as  such  com- 
mittee : 

Geo.  W.  Fox  of  Albany, 

George  Ferris  of  Carbon, 

M.  C.  Barrow  of  Converse, 

Meyer  Frank  of  Crook, 

H.  G.  Nickerson  of  Fremont, 

John  M.  McCandlish  of  Johnson, 

Henry  G.  Hay  of  Laramie, 

H.  A."  Coffeen  of  Sheridan, 

H.  F.  Minough  of  Sweetwater, 

C.  W.  Holden  of  Uinta. 

Moved  by  Mr.  Grant  of  Albany  that  a  recess  of  thirty  min- 
utes be  taken. 

The  motion  was  carried. 

At  the  expiration  of  the  recess,  the  convention  was  called 
to  order.  President  pro  tern  wras  in  the  chair. 

The  committee  on  credentials  presented  the  following  re- 
port: 
Gentlemen  of  the  Convention: 

We,  your  committee  on  credentials  find  the  following  per- 
sons present,  arid  entitled  to  seats  in  this  convention: 

Albany  County;  S.  W.  Downey,  Mortimer  N.  Grant,  Mel- 
ville C.  Brown,  Wm.  E.  Chaplin,  Geo.  W.  Fox,  John  W.  Hoyt, 
A.  L.  Sutherland,  Jno.  McGill. 

Carbon  County:  Geo.  Ferris,  Geo.  C.  Smith,  Chas.  L.  Yag- 
ner,  J.  A.  Casebeer,  R.  C.  Butler,  C.  W.  ttimlick. 

Crook  County:  Richard  H.  Scott,  Meyer  Frank,  Thos.  H. 
Moore,  Jos.  L.  Stotts. 

Converse  County:     W.  C.  Irvine,  M.  C.  Barrow,  DeForest 
Richards. 


JOURNAL.  5 

Fremont  County:     D.  A.  Preston,  H  .G.  Mckerson. 

Johnson  County:  II.  S.  Elliott,  Chas.  H.  Burritt,  Jno.  M. 
McCandlish. 

Laramie  County:  Henry  Gr.  Hay,  E.  S.  N.  Morgan,  Chas.  ~N. 
Potter,  Jno.  A.  Riner,  Anthony  C.  Campbell,  Geo.  W.  Baxter, 
Jas.  A.  Johnston,  Caleb  1*.  Organ,  Jno.  K.  Jeffrey,  Thos.  B. 
Reed,  H.  E.  Teschemacher. 

Sheridan  County:  H.  A.  Coffeen,  C.  Boulware,  Wm.  X. 
Robinson. 

Uinta  County:  Clarence  D.Clark,  Frank  M.  Foote,  Jesse 
Knight,  Chas.  W.  Holden,  Jonathan  Jones,  Jno.  L.  Russell. 

Sweetwater  County:  A.  B.  Conaway,  Edward  J.  Morris, 
H.  E.  Menough. 

GEO.  W.  FOX,  Chairman. 

M.  C.  BARROW,  Secretary. 

On  motion  the  report  of  the  committee  on  credentials  was 
received  and  adopted,  and  the  committee  continued. 

Mr.  Teschemacher  of  Laramie  moved  that  the  members 
proceed  to  select  seats. 

The  motion  was  carried,  and  lots  were  drawn  by  counties 
for  seating  the-  members. 

On  motion  of  Mr.  Downey  of  Albany  the  roll  is  now^  called 
and  the  following  members  answrered  to  their  names: 

Albany  County:  Stephen  W.  Downey,  M.  N.  Grant,  Mel* 
ville  C.  Brown,  Win.  E.  Champlin,  Geo.  W.  Fox,  John  W.  Hoyt, 
A.  L.  Sutherland,  John  McGill. 

Carbon  County:  Geo.  Ferris,  Geo.  C.  Smith,  Chas.  L.  Vag- 
uer, J.  A.  Casebeer,  R.  C.  Butler,  C.  W.  Burdick. 

Crook  County:     Richard  H.  Scott,  Meyer  Frank. 

Converse  County:    W.  C.  Irvine,  M.  C.  Barrow. 

Fremont  County:    D.  A.  Preston,  H.  G.  Nickerson. 

Johnson  County:  H.  S.  Elliott,  Chas.  H.  Burritt  John  M. 
McCandlish. 

Laramie  County:    Henry  G.  Hay,  E.  S.  ~N.  Morgan,  Charles 
N.  Potter,  John  A.  Riner,  Geo.  W.  Baxter,  James  A.  Johnston, 
Caleb  P.  Organ,    John  K.  Jeffrey,    Thomas   B.  Reed,    H.    E, 
Teschemacher. 

Sheridan  County:     H.  A.  Coffeen. 

Sweetwater  County:  A.  B.  Conaway,  Edward  J.  Morris, 
H.  E.  Menough. 

Uinta  County:  Clarence  D.  Clark,  Frank  M.  Foote,  Jesse 
Knight,  Chas.  W.  Holden,  Joh.nat.han  Jones,  John  L.  Russell. 

Mr.  Fox  of  Albany  presented  the  following  resolution: 

Resolved,  that  the  oath  to  be  administered  to  members  of 
this  convention  shall  be  as  follows: 

You  and  each  of  you  do  solemnly  swear,  that  you  will  sup- 
port the  constitution  of  the  United  States,  and  that  you  will 
honestly  and  faithfully  discharge  your  duties  as  members  of 
this  convention,  called  for  the  purpose  of  framing  a  constitu- 
tion for  the  proposed  State  of  Wyoming.  So  help  me  God. 


6  CONSTITUTIONAL  CONVENTION. 

The  resolution  was  adopted. 

It  was  moved  that  Justice  of  the  Peace  W.  P.  Carroll,  of 
Cheyenne,  be  requested  to  administer  the  oath  of  office  to  the 
members  of  this  convention. 

The  motion  was  carried. 

The  oath  of  office  was  then  administered  to  the  following; 
members  elect: 

Downey,  Grant,  *  Brown,  Chaplin,  Fox,  Hoyt,  Sutherland, 
McGill,  Ferris,  Smith,  Vagner,  Casebeer,  Butler,  Burdick,  Scott, 
Frank,  Irvine,  Barrow,  Preston,  Nickerson,  Elliott,  Burritt,  Mc- 
Cnndlish,  Hay,  Morgan,  Potter,  Kiner,  Baxter,  Johnston,  Organ, 
Jeffrey,  Reed,  Teschemacher,  Coffeen,  Conaway,  Morris,  Me- 
nough,  Clark,  Foote,  Knight,  Holden,  Jones,  Russell. 

It  was  moved  by  Hoyt  of  Albany  that  a  committee  to  con- 
sist of  one  delegate  from  each  county  (to  be  named  by  delega- 
tion) be  appointed  to  suggest  what  offices  will  be  necessary 
and  should  be  created  by  the  permanent  organization. 

An  amendment  was  offered  by  Hay  of  Laramie  that  the 
committee  be  further  instructed  to  suggest  ways  and  means 
for  the  payment  of  salaries  of  officers  and  other  expenses. 

A  substitute  was  offered  by  Mr.  Fox  that  this  convention 
do  now  proceed  to  the  election  of  a  permanent  president  of 
this  convention. 

Before  a  vote  was  reached  Mr.  Irvine  of  Converse  moved 
that  the -convention  adjourn  until  to-morrow  (Tuesday)  at  10 
o'clock  a.  m. 

Duly  seconded  and  carried. 

M.  C.  BROWN,  Pres.  Con. 
H.  S.  ELLIOTT,  Pres.  pro  tern. 
Attest:     JOHN  K.  JEFFREY,  Secretary  pro  tern. 


SECOND  DAY. 

HALL  OF  THE  CONSTITUTIONAL  CONVENTION,  } 

CAPITOL  BUILDING,  > 
Cheyenne,  Wyo.,  Sept.  3,  1889.  ) 

The  coirvention  was  called  to  order  at  10  o'clock  A.  M. 

The  temporary  president  in  the  chair.  Roll  call,  41  mem- 
bers present. 

The  committee  on  credentials  reported  the  presence  of  Mr. 
Louis  J.  Palmer,  a  duly  elected  member  of  this  convention, 
fnwi  the  county  of  Sweetwater. 

Mr.  Palmer  took  the  oath  of  office  administered  by  Justice* 
of  Peace  W.  P.  Carroll. 

The  journal  of  the  previous  session  wras  read  and  approved. 

The  resolution  offered  by  Mr.  Fox,  to  proceed  to  the  elec- 


JOURNAL.  7 

tion  of  a  permanent  president  of  this  convention,  being  the 
unfinished  business  of  the  previous  session,  was  taken  up  and 
adopted. 

On  motion  of  Mr.  Brown,  a  recess  of  five  minutes  was* 
ordered. 

On  reconvening,  Mr.  Teschemacher  moved  that  the  elec- 
tion of  president  of  the  convention  be  by  ballot,  and  that  a( 
majority  vote  should  elect.     Carried. 

On  motion  of  Mr.  Chaplin,  the  chair  appointed  three  tel- 
lers: Messrs.  Potter,  Scott  and  Preston. 

Mr.  Downey  moved  that  nominations  for  president  of  the 
convention  be  made  by  counties.  Adopted. 

Albany  County,  by  Mr.  Hoyt,  presented  Melville  C.  Brown. 

Carbon — no  nomination. 

Converse — no  nomination. 

Crook — Mr.  Scott  presented  the  name  of  A.  B.  Conaway. 

Fremont — Mr.  Preston  seconded  the  nomination  of  M.  C. 
Brown. 

Johnson — Mr.  Burritt  seconded  the  nomination  of  M.  C, 
Brown. 

Laramie — no  nomination. 

Sheridan — Mr.  Coffeen  seconded  the  nomination  of  M.  C. 
Brown. 

Sw eetwater — no  nomination. 

Uinta — seconded  the  nomination  of  A.  B.  Conaway. 

The  ballot  resulted  as  follows: 
Brown  24, 

Conway  17, 

Hoyt  1, 
Baxter  1, 

The  chair  thereupon  declared  that  Melville  C.  Brown  had 
been  duly  elected  president  of  this  convention. 

On  motion  of  Mr.  Irvine,  the  election  of  Mr.  Brown  was  made 
unanimous  by  acclamation. 

The  president  pro  tern  appointed  Messrs.  Hoyt  and  Baxter 
a  Committee  to  conduct  the  president  elect  to  the  chair. 

On  motion  of  Mr.  Riner  the  convention  took  a  recess  until  2 
o'clock  p.  m. 

AFTERNOON  SESSION. 

The  convention  reconvened  at  two  o'clock  p.  m. 

The  temporary  president  in  the  chair. 

On  motion  of  Mr.  Downey,  the  Hon.  Delegate  in  Congress, 
and  the  Governor  and  Secretary  of  the  Territory  were  invited 
to  seats  on  the  floor. 

Anthony  C.  Campbell  of  Laramie  County  appeared  an  took 
the  oath  of  office,  administered  by  Justice  of  the  Peace  W.  P. 
Carroll. 

Messrs.  Hoyt  and  Baxter,  select  committee,  conducted  the 


CONSTITUTIONAL  CONVENTION. 

president  elect  to  the  chair,  who  thereupon  delivered  an  ad- 
dress to  the  convention. 

Prayer  by  Eev.  S.  A.  Bright. 

Mr.  Coffeen  moved  that  the  President  appoint  a  committee 
of  five,  to  draft  and  to  present  to  the  convention,  as  soon  as 
possible,  such  rules  as  may  be  neccessary  for  the  government  of 
thte  body.  Carried. 

The  president  appointed  as  such  committee. 

Messrs.  Coffeen  of  Sheridan, 

Foote  of  Uinta, 

Campbell  of  Laramie, 

Preston  of  Fremont, 

Burritt  of  Johnson. 

Mr.  Baxter  presented  the  following  resolution: 

Resolved,  That  the  permanent  organization  of  this  conven- 
tion be  completed  by  the  election  of  onq  secretary,  two  assist- 
ant secretaries,  one  sergeant-at-arms,  one  doorkeeper,  one  chap- 
lain, and  two  pages.  Adopted. 

J.  K.  Jeffrey  was  chosen  secretary  by  acclamation. 

A  ballot  ordered  for  the  choice  of  two  assistant  secretaries 
resulted  in  the  election  of  Mrs.  B.  Recker  and  H.  Glafcke. 

O.  P.  Yelton,  on  motion  of  Mr.  Teschemacher,  was  chosen 
sergeant-at-arms. 

J.  B.  Walsh  was  elected  doorkeeper.  Rev.  S.  A.  Bright, 
chaplain,  and  Coiiett  Downey  and  Fred  Post,  Jr.,  wrere  chosen 
pages  by  acclamation. 

On  motion  of  Mr.  Campbell  the  committee  on  rules  was  in- 
creased to  eleven  members,  and  the  president  made  the  follow- 
ing additional  appointments  on  said  committee: 

Albany,  Mr.  Chaplin, 

Crook,  Mr.  Frank, 

Sweetwater,  Mr.  Coriway, 

Converse,  Mr.  Barrow, 

Carbon,  Mr.  Burdick. 

Mr.  Hay  offered  the  following  resolution,  which  was  adopted: 

Resolved,  That  a  commit te  of  five  be  appointed  by  the  pres- 
ident, to  be  known  as  the  ways  and  means  commission,  whose 
duty  it  shall  be  to  fix  the  compensation  of  the  officers  of  the 
convention,  and  to  suggest  ways  and  means  for  providing  the 
funds  to  meet  the  necessary  cash  expense  of  the  convention. 

This  to  be  a  temporary  committee  who  shall  report  as  early 
as  possible  to  the  convention. 

The  president  appointed  as  such  committee  Messrs.  Hay, 
Fox,  Vagner,  Mckerson  and  Clark. 

On  motion  of  Mr.  Potter,  the  question  of  employing  an  offi- 
cial stenographer  was  referred  to  the  committee  on  ways  and 
means. 

Mr.  Dov.  uey  moved  that  the  secretary  be  instructed  to  pro- 
cure books  and  stationery  necessary  for  the  transaction  of  the 
business  of  this  convention.  Adopted. 


JOURNAL.  9 

Mr.  Hoyt  presented  the  following  resolution: 

Resolve d,  That  a  committee  of  five,  to  be  named  by  the  pres- 
ident, be  appointed,  whose  duty  it  shall  be  to  report  at  the  ear- 
liest moment  practicable  the  titles  of  the  standing  committees 
deemed  necessary  as  a  means  of  facilitating  the  work  of  draft- 
ing a  constitution  for  Wyoming. 

The  resolution  was  lost. 

Mr.  Burritt  moved  a  reconsideration  of  the  resolution  ap- 
pointing a  committee  on  rules.  Carried. 

On  motion  of  Mr.  Hoyt  the  subject  of  standing  committees 
was  referred  to  the  committee  on  rules. 

Mr.  Morgan  moved  that  the  members  originally  named  by 
the  president,  as  the  committee  on  rules,  shall  constitute  the 
committee  on  rules.  Carried. 

On  motion  of  Mr.  Riner,  the  convention  adjourned  till  ten 
o'clock  a.  in.,  Sept.  4th. 

M.  C.  BROWN,  Pres.  Con. 
H.  S.  ELLIOTT,  Pres.  pro  tern. 
Attest:       JOHN  K.  JEFFREY,  Secretary 


THIRD  DAY. 

HALT.  OF  THE  CONSTITUTIONAL  CONVENTION,  \ 

CAPITOL  BUILDING,  > 
Cheytnne,  Wyo.,  Sept.  4,  1889.  ) 

The  convention  was  called  to  order  at  10  o'clock  a.  m. 

Mr.  President  in  the  chair. 

Prayer  by  the  chaplain. 

Roll  call.' 

All  absent  members  were  excused  on  motion  of  Mr.  Clark. 

Mr.  Burritt,  from  the  committee  on  rules  presented  the  fol- 
lowing report: 
To  the  Constitutional  Convention-. 

Gentlemen: — Your  committee  appointed  to  draft  "Rules 
of  the  Constitutional  Convention  of  the  Territory  of  Wyoming'' 
for  submission  for  your  consideration,  have  attended  to  that 
duty  and  submit  herewith  a  draft  of  rules,  such  as  .your  com- 
mittee believe  will  facilitate  the  transaction  of  business,  and 
we  recommend  their  adoption. 

M.  C.  BROWN,  Chairman. 

CHARLES  H.  BURRITT,  Secretary. 

RULES  OF  THE  CONVENTION. 

1.  The  president  shall  take  the  chair  every  day  precisely 
at  the  hour  to  which  the  convention  shall  haA^e  adjourned  on 
the  preceding  day,  and  shall  immediately  call  the  convention 
to  order. 


10  CONSTITUTIONAL  CONVENTION. 

In  case  the  president  is  absent,  or  fails  from  any  cause  to 
take  the  chair,  the  convention  shall  appoint  a  president  pro  tern. 

2.  The  president  shall  have  general  direction  of  the  hall, 
and  shall  have  the  right  to  name  any  member  to  perform  the 
duty  of  the  chair,  but  such  substitute  shall  not  extend  beyond 
adjournment. 

3.  He  shall  preserve  order  and  decorum  in  the  proceedings 
of  the  convention  and  in  case  of  any  disturbance  or  disorderly 
conduct  in  the  galleries  or  lobby,  the  president  or  chairman  of 
the  committee  of  the  whole  convention  shall  have  the  power 
to  cause  the  same  to  be  cleared. 

4.  No  smoking  shall  be  allowed  in  the  hall  wrhile  the  con- 
vention is  in  session. 

5.  Reporters  for  newspapers  or  stenographers  wishing  to 
take  down  debates  may  be  admitted  within  the  bar  of  the  con- 
vention by  the  president  Avho  shall  assign  such  places  to  them 
as  shall  not  interfere  with  the  conveniences  of  the  convention. 

6.  The  president  shall  appoint  the  following  standing  com- 
mittees on  business. 

No.  1.  A  committee  of  five  to  be  known  as  the  committee 
on  preamble  and  declaration  of  rights  and  executive. 

No.  2.  A  committee  of  ten  to  be  known  as  the  legislative 
committee. 

No.  3.  A  committee  of  ten  to  be  known  as  the  committee 
committee. 

No.  4.  A  committee  of  seven  to  be  known  as  the  committee 
on  election  and  right  of  suffrage,  and  qualifications  to  office. 

No.  5.  A  committee  of  five  to  be  known  as  the  committee 
on  education,  public  buildings,  state  institutions,  public  health, 
and  public  morals. 

No.  6.  A  committee  of  five  to  be  known  as  the  committee 
on  county,  city  and  town  organization. 

No.  7.  A  committee  of  seven  to  be  known  as  the  committee 
on  corporations. 

No.  8.  A  committee  of  ten  to  be  known  as  the  committee 
on  taxation,  revenue  and  public  debt. 

No.  9.  A  committee  of  five  to  be  known  as  the  committee 
of  printing,  publication,  accounts  and  expenses. 

No.  10.  A  committee  of  seven  to  be  known  as  the  committee 
on  schedule,  future  amendments,  and  miscellaneous  matters. 

No.  11.  A  committee  of  five  to  be  known  as  the  committee 
on  irrigation,  water  rights  and  mining. 

No.  12.  A  committee  of  seven  to  be  known  as  the  committee 
on  agriculture,  manufactures,  commerce,  live  stock  interests 
and  labor. 

No.  13.  A  committee  of  ten  to  be  known  as  the  committee 
on  boundaries  and  apportionment. 

No.  14.  A  committee  of  five  to  be  known  as  the  committee 
on  salaries  of  public  officers,  and  homestead  exemptions. 

No.  15.    A  committee  of  five  to  be  known  as  the  committee 


JOURNAL.  1 1 

on  federal  relations,  public  lands  and  military  affairs. 

No.  16.  A  committee  of  ten  to  be  known  as  the  committee 
on  railroads  and  telegraph. 

No.  17.  A  committee  of  five  to  be  known  as  the  committee 
on  revision  and  adjustment. 

7.  All  committees  shall  be  appointed    by   the   president, 
unless  it  shall  be  otherwise  directed  by  the  convention;  in  which 
case  they  shall  be  appointed  by  a  vote  of  the  convention. 

THE  RIGHTS  AND   DUTIES  OF  MEMBERS. 

8.  Members  and  officers  of  the  convention  are  required  1o 
be  constantly  in  attendance  upon  the  duties  of  their  position, 
and  leave  of  absence  to  such  will  only  be  granted  by  vote  of 
the  convention  or  by  unanimous  consent. 

9.  Whenever  a  member  is  about  to  speak  he  shall  rise  from 
his  seat  and  respectfully  address  himself  to  "Mr.  President," 
and  he  shall  announce  the  gentleman  from  the  county  he  rep- 
resents; if  there  be  more  than  one  member  from  such  county 
then  by  adding  the  name  of  the  mender.     The  member  may 
then  speak  either  from  his  seat  or  from  the  seat  of  any  other 
member  tendered  him  for  the  purpose  or  from  the  secretary's 
desk. 

10.  In  all  cases  the  member  who  shall  first  rise  and  address 
the  chair  shall  speak  first  but  when  two  or  more  members  shall 
rise  at  once,  the  president  shall  name  the  member  who  shall 
speak  first. 

No  11.  No  member  shall  speak  more  than  twice  on  the 
same  subject,  without  leave  of  the  convention,  nor  more  than 
once  until  every  member  choosing  to  speak  on  the  question 
pending  shall  have  spoken,  and  he  shall  confine  himself  to  the 
question  under  debate  and  avoid  personality. 

12.  Any  member  while  discussing  a  question  may  read 
from  books,  papers,  or  documents,  any  matter  pertinent  to  the 
subject  under  consideration  without  asking  leave. 

13.  Any  member  may  ask  for  the  statement  of  the  ques- 
tion which  the  president  may  give  sitting. 

14.  Any  member  may  call  for  a  division  of  the  question 
and  the  decision  of  the  president  as  to  its  divisibility  shall  be 
subject  to  appeal  as  in  questions  of  order. 

15.  Every  member  present  when  the  question  is  put  shall 
vote  unless  the  convention  excuses  him,  and  any  member  re- 
questing to  be  excused  from  voting  or  desiring  to  explain  his 
vote  may  make  a  brief  verbal  statement  of  his  reasons  for  mak- 
ing such  a  request  and  the  question  shall  then  be  taken  with- 
out further  debate.    The  president  shall  vote  on  all  questions 
taken  by  yeas  and  nays,  and  in  all  elections  and  decisions 
called  for  by  the  members.     And  in  case  of  a  tie  vote  the  prop- 
osition pending  shall  be  lost. 

16.  While  the  president  or  chairman  is  putting  the  ques- 
tion or  addressing  the  convention  no  one  shall  walk  across  the 


I2  CONSTITUTIONAL  CONVENTION. 

hall;  and  while  a  member  is  speaking  no  one  shall  pass  be- 
tween him  and  the  chair.  No  person  or  member  shall  go  to 
or  remain  at  the  secretary's  table  while  the  yeas  and  nays  are 
being  called  or  ballots  counted  except  the  secretary  and  his 
assistants. 

17.  Any  two  members  shall  have  the  right  to  demand  the 
yeas  and  nays  upon  any  question  before  the  result  is  announced ; 
but  if  objection  is  made  the  demand  shall  be  sustained  by  one- 
fifth  of  the  members  present;  if  not  sustained  any  member  may 
upon  request  have  his  vote  upon  the  question  recorded  upon 
the  journal  and  upon  the  call  for  yeas  and  nays  the  secretary 
shall  call  over  the  names  alphabetically. 

18.  Any  three  members  have  the  right  to  demand  a  call 
of  the  convention  but  if  objection  is  made  the  demand  shall 
be  sustained  by  one-fifth  of  the  members  present;  and  upon  a 
call  of  the  convention  the  names  of  the  members  shall  be  called 
alphabetically  and  the  absentees  noted  upon  the  journal. 

19.  Any  five  members  have  the  right  to  demand  the  pre- 
vious question.     The  previous  question  shall  be  put  in  this 
form:     uSnall  the  main  question  now  be  put?"  and,  until  de- 
cided, shall  preclude  all  debate  and  all  amendments  and  mo- 
tions, except  one  motion  to  adjourn  and  one  motion  to  lay  on 
the  table.     All  incidental  questions  or  questions  of  order  aris- 
ing after  a  motion  is  made  for  the  previous  question  and  pend- 
ing such  motion  shall  be  decided  whether  on  appeal  or  other- 
wise without  debate. 

20.  On  motion  for  the  previous  question  and  prior  to  vot- 
ing on  same  a  call  of  the  convention  shall  be  in  order,  but  after 
the  demand  for  the  previous  question  shall  have  been  sustained, 
no  call  shall  be  in  order,  and  the  convention  shall  be  brought 
to  an  immediate  vote,  first,  upon  the  pending  amendment  in 
the  inverse  order  of  their  age  and  then  upon  the  main  question. 

21.  If  a  call  for  the  previous  question  be  not  sustained 
the  subject  under  consideration  shall  not  thereby  be  postponed. 

ORDER  OF  BUSINESS  FOR  THE  DAY. 

22.  As  soon  as  the  convention  is  called  to  order,  prayer 
may  be  off  ere'].     The  roll  shall  then  be  called  and  absentees 
noted,  and  a  quorum  being  present  the  journal  of  the  preceding 
day  shall  be  read  by  the  secretary  ,and  if  necessary,  corrected 
1)3'  the  convention. 

23.  A  majority  of  the  members  of  the  convention  shall  be 
necessary  to  constitute  a  quorum  to  do  business  and  a  major- 
ity of  those  voting  shall  be  sufficient  to  decide  pending  ques- 
tions. 

24.  As  soon  as  the  journal  is  read  and  corrected,  as  afore- 
said, the  president  shall  call  for  presentation  of  petitions  and 
memorials. 

Reports  of  standing  committees. 


JOURNAL.  1 3 

Reports  of  select  committees. 

Final  readings. 

The  above  business  shall  be  disposed  of  in  the  order  in 
which,  it  is  arranged  arid  shall  not  be  in  order  at  any  other 
time. 

25.  Every  petition  and  memorial  shall  be  referred  on  mo- 
tion without  put  ting  the  question  for  that  purpose  unless  the 
reference  is  objected  to  by  a  member,  at  the  time  of  its  pre- 
sentation. No  petition  or  memorial  or  other  matter  shall  be 
printed  without  the  special  order  of  the  convention. 

20.  Communications  from  the  executive  department  of 
the  territory  may  be  receiA^ed,  read  and  disposed  of  at  any 
time  except  when  the  president  is  putting  the  question,  while 
the  yeas  and  nays  are  being  called,  or  while  ballots  are  beiD^ 
counted. 

27.  An  interim  between  any  two  sessions  of  the  convention 
on  the  same  day  shall  be  called  a  recess;  and  on  re-assem- 
bling at  the  appointed  hour  any  question  pending  at  the  time 
of  taking  such  recess  shall  be  resumed  without  motion  to  that 
effect. 

MOTIONS  AND  QUESTIONS. 

28.  Every  motion  shall  be  reduced  to  writing  if  the  presi- 
dent shall  require  it. 

29.  When   a  motion   is   made   and   seconded,   it   shall   be 
stated  by  the  president;  or,  being  in  writing,  it  shall  be  read 
audibly  to  the  convention  by  the  moArer  or  the  secretary  before 
debate. 

30.  After  a  motion,  is  stated  by  the  president,  or  read  by 
the  secretary,  it  shall  be  deemed  in  the  possession  of  the  con- 
vention, but  it  may  be  withdrawn  by  leave  of  the  convention 
at  any  time  before  decision  or  amendment. 

31.  All  questions  in  committee  or  convention  except  priv- 
ileged questions  shall  be  put  in  the  order  in  which  they  are 
made  except  in  filling  blanks,  the  largest  sum  or  number  and 
longest  time  shall  be  put  first. 

32.  When  a  question  is  under  debate  no  motion  shall  be 
received  but  to  adjourn,  to  take  a  recess,  to  proceed  to  (.he 
orders  of  the  day,  to  lay  on  the  table,  for  the  previous  ques- 
tion, to  postpone  to  a  certain  day,  to  commit,  to  amend,  to 
postpone  indefinitely;  which  several  motions  shall  have  pre- 
cedence of  each  other  in  the  order  in  which  they  are  arranged. 

33.  Wlien  a  motion  is  made  to  commit  to  committee  of 
the  whole  convention  or  to  a  standing  committee,  it  shall  not 
be  in  order  to  amend  such  motion  by  substituting  any  other 
committee,  but  if  any  committee  shall  be  suggested  the  motion 
shall  first  be  put  upon  the  committee  first  named  and  after- 
wards upon  the  committee  or  committees  suggested  in  the 
order  in  which  they  are  named;  but  a  motion  to  refer  to  a  com- 
mittee of  the  whole  convention,  to  a  standing  committee  or  to 


14  CONSTITUTIONAL  CONVENTION. 

a  select  committee  shall  have  precedence  in  the  order  here 
named. 

34.  A  motion  to  postpone  to  a  day  certain  or  indefinitely 
being  decided  shall  not  again  be  allowed  at  the  same  stage  of 
the  proposition. 

35.  A  motion  to  adjourn  shall  always  be  in  order  but 
being  negatived  shall  not   again  be   entertained  until   some 
motion,  call  or  order  shall  take  place. 

3(5.  The  following  questions  shall  be  decided  without  de- 
bate, to-wit:  To  adjourn,  to  take  recess,  to  take  from  the 
table,  to  go  into  committee  of  the  whole  on  the  orders  of  the 
day. 

AMENDMENTS. 

37.  No  motion  or  proposition  differing  from  that  under  con- 
sideration shall  be  admitted  under  color  of  amendment. 

38.  A  motion  to  strike  out  and  insert  shall  be  deemed 
divisible  and  a  motion  to  strike  out  on  a  division  being  nega- 
tived, or  a  motion  to  insert  being  decided  in  the  affirmative, 
shall  be  equivalent  to  agreeing  to  a  matter,  in  that  form,  but 
shall  not  preclude  further  amendment,  provided  that  substi- 
tutes for  the  pending  propositions,  shall,  for  the  purpose  of 
amendments,  be  treated  as  original  propositions. 

RECONSIDERATIONS. 

39.  A  motion  to  reconsider  must  be  made  by  a  member 
voting  with  the  prevailing  side,  and  such  motion  to  be  in  order 
must  be  within  the  next  day  of  actual  session  of  the  conven- 
tion after  such  vote  was  taken,  and  the  same  shall  take  pre- 
cedence of  all  motions  except  a  motion  to  adjourn. 

QUESTIONS  OF  ORDER. 

40.  If  any  member  in  speaking  or  otherwise,  shall  trans- 
gress the  rules  of  the  convention,  the  president  shall,  or  any 
member  of  the  convention  may,  call  him  to  order,  and  the 
member  called  to  order  shall  take  his  seat,  if  required  to  do 
so  l>y  the  president,  until  the  question  of  order  is  decided. 

41.  The  president  shall  decide  all  questions  of  order,  sub- 
ject to  an  appeal  by  any  member,  on  which  appeal  no  member 
shall  speak  more  than  once,  unless  by  permission  of  the  con- 
vention, except  the  member  appealing,  who  may  speak  twice; 
and  the  president  may  speak  in  reference  to  any  other  member. 

42.  If  the  division  be  in  favor  of  the  member  called  to 
order,  he  shall  be  at  liberty  to  proceed;  if  otherwise  he  shall 
not  be  permitted  to  proceed,  in  case  any  member  object,  with- 
out the  leave  of  the  convention. 

43.  If  a  member  call  another  to  order  for  words  spoken 
in  debate,  he  shall,  if  required  by  the  president,  reduce  to 
writing  the  language  used  by  the  member  which  he  deemed 
out  of  order. 


JOURNAL.  15 

OF  COMMITTEES. 

44.  It  shall  be  in  order  for  the  committee  on  revision  and 
adjustment  to  report  at  any  time  when  the  convention  is  not 
otherwise  engaged. 

45.  All  reports  of  the  committees  shall  be  signed  by  the 
members  thereof  who  concur  therein,  and  the  report,  with  the 
name  of  the  member  or  members  singing  the  same,  shall  be 
read  by  the  secretary,  or  from  the  secretary's  desk  by  the 
member  making  the  report,  without  a  motion,  unless  the  read- 
ing be  dispensed  with  by  the  convention.     Where  the  report 
is  unanimous  it  may  be  signed  by  the  chairman  alone. 

46.  No  committee  shall  sit  during  the  daily  sessions  of 
the  convention  unless  by  special  leave. 

COMMITTEE  OF  THE  WHOLE 

47.  When  the  committee  shall  be  ready  to  proceed  with 
the  orders  of  the  day,  a  motion  to  go  into  committee  of  the 

whole  on  orders  of  the  day,  shall  have  precedence  over  all 
other  motions,  except  to  adjourn,  to  take  a  recess  or  for  the 
previous  question. 

48.  In  forming  a  committee  of  the  whole  convention  the 
president  shall  lea\Te  the  chair  and  appoint  a  chairman  who 
shall  preside  and  vote  as  other  members. 

49.  Iii  committee  of  the  whole,  propositions  shall  be  read 
by  the  chairman  and  considered  item  by  item  unless  otherwise 
directed  by  the  committee,  leaving  the  preamble,  if  any,  last 
to  be  considered.     The  body  of  the  proposition  shall  not  be 
defaced  or  interlined,  but  amendments  shall  be  noted  by  the 
chairman  or  secretary  upon  a  separate  piece  of  paper,  as  the 
same  shall  be  agreed  to  by  the  committee  and  so  reported  to 
the  convention.    After  being  reported  the  propositions  with  the 
amendments  thereto  by  the  committee  of  the  whole  shall  b& 
immediately  taken  up  for  consideration  unless  it  shall  be  oth- 
erwise ordered  by  the  convention,  and  again  be  subject  to 
discussion  or  amendment  before  the  question  to  engross  for 
final  reading  shall  be  taken. 

50.  The  rules  for  proceeding  in  the   committee    of    the 
whole  shall  be  the  same  as  in  the  convention  so  far  as  may  be 
applicable. 

51.  All  reports  of  the  committees  containing  matters  to 
be  incorporated  in  the  constitution  shall  be  considered  in  the 
order  in  which  the  reports  are  made,  and  upon  their  intro- 
duction and  full  reading  before  the  convention  such  matters 
to  be  incorporated  shall  be  laid  upon  the  table  and  (when  so 
ordered)  be  printed  and  wlien  printed  (if  so  ordered)  shall  be 
placed  upon  the  calender  to  be  considered  in  the  committee 
of  the  whole  convention,  and  if  not  ordered  printed  they  shall 
be  immediately  placed  upon  the  calender  to  be  considered  by 
the  committee  of  the  whole. 


1 6  CONSTITUTIONAL  CONVENTION. 

52.  TV  hen  such  propositions  shall  have  been  considered 
in  the  committee  of  the  Avhole  and  amendments  thereto  have 
been  disposed  of  by  the  convention,  the  question  shall  be  on 
ordering  the  final  reading  and  fixing  the  time  thereof. 

53.  So  soon  as  any  entire  proposition  for  incorporation  in 
the  constitution  shall  have  been  disposed  of,  such  proposition 
if  agreed  to  by  the  convention  shall  be  referred  to  the  com- 
mittee on  reA'ision  and  adjustment,  to  be  by  that  committee 
embodied  in  the  constitution.     The  committee  shall  have  full 
power  to  revise  the  language  used  in  the  various  propositions 
and  to  arrange  the  same  so  as  to  be  clearly  expressive  of  the 
sense  of  the  convention  and  to  make  the  instrument  complete 
and  consistent  within  itself. 

54.  The  committee  on  revision  having  completed  its  re- 
vision as  provided  in  the  preceding  rule,  shall  report  the  arti- 
cle or  articles  of  the  constitution  to  the  convention,  when  it 
shall  be  fully  read,  and  when  it  is  thus  read,  the  question  shall 
be  on  the  article  or  articles  so  revised  and  amended,  and  if  the 
same  shall  be  decided  in  the  affirmative  the  constitution  as  a 
whole  shall  be  carefully  enrolled  under  the  supervision  of  the 
committee  on  revision  and  adjustment  and  signed  by  the  pres- 
ident and  members  of  the  convention. 

55.  The  final  vote  agreeing  to  each  proposition  and  upon 
agreeing  to  the  instrument  as  a  whole  shall  be  taken  by  the 
yeatr  and  nays,  and  no  such  proposition  shall  be  considered  as 
agreed  to,  nor  the  instrument  as  a  whole  except  a  majority  of 
the  delegates  present  vote  therefor. 

RESOLUTIONS. 

56.  Resolutions  giving  rise  to  debate  shall  lie  over  one 
day  before  being  acted  upon,  if  upon  their  introduction  any 
member  shall  give  notice  of  a  desire  to  discuss  the  proposi- 
tions therein  contained. 

57.  No   compensation  shall  be  voted  to  any   officer,   em- 
ployee, or  appointee  of  the  convention  other  than  fixed  origi- 
nally by  resolution;  and  this  rule  shall  not  be  altered  or  sus- 
pended except  on  three  days'  notice  and  by  a  twTo-thirds  vote 
of  the  members  elected  to  the  convention. 

CALENDER. 

58.  The  calender  of  each   successive  day's  business  shall 
be  prepared  by  ihe  secretary  and  six  copies  printed  or  written 
and  one  copy  laid  upon  each  table  and  one  copy  laid  upon  the 
jiicsidmi's  table  every  morning.     Upon  each  calender  all  prop- 
ositions for  final  readings  and  all  special  orders  shall  be  placed 
in  order  of  priority  in  which  the  order  is  made.     Propostions 
for  final  reading  on  a  particular  day  not  reached  on  that  »lay 
shall  be  placed  upon  the  calender  in  order  of  final  reading, 
each  succeeding  day  until  disposed  of.     No  proposition  found 


JOURNAL.  jy 

upon  the  calender  shall  be  taken  up  and  read  by  the  secretary 
out  of  its  order  thereon  except  by  direction  of  the  convention. 

ON   RULES    OF   THE  CONVENTION. 

59.  These  rules  shall  not  be  altered  except  after  at  least 
one  day's  notice  of  the  intended  alteration,  and  then  only  by 
a  majority  vote  of  the  members  of  the  convention,  and  no  rule 
shall  be  suspended  except  by  two-thirds  of  those  present. 

GO.  Cushing's  Manual  and  Law  of  Legislative  Assemblies 
shall  be  received  as  authority  in  all  cases  not  provided  for  in 
the  foregoing  rules. 

Upon  motion  of  Mr.  Potter,  the  convention  resolved  itself 
into  committee  of  the  whole  for  the  consideration  of  the  re- 
port of  the  committee  on  rules. 

Mr.  Smith  in  the  chair. 

When  the  committee  arose  it  reported  as  folloAVs: 

HALL  OF  THE  CONSTITUTIONAL  CONVENTION,  \ 

CAPITOL  BUILDING,  > 
Cheyenne,  Wyo.,  Sept.  4,  1889.  ) 

Mr.  President: — Your  committee  of  the  Avhole  having  had 
under  consideration  the  report  of  the  committee  on  rules,  beg 
leave  to  report  progress  and  ask  leave  to  sit  again. 

G.  C.  SMITH, 

Chairman. 

On  motion  the  report  was  adopted.  The  convention  then 
on  motion  of  Mr.  Einer  stood  in  recess  until  two  o'clock  p.  m. 


AFTERNOON  SESSION. 

The  convention  convened  at  two  o'clock  p.  m. 

Mr.  President  in  the  chair. 

On  motion  of  Mr.  Morgan  tht-  convention  went  into  com- 
mittee of  the  whole  for  the  consideration  of  the  report  of  the 
committee  on  rules. 

Mr.  Smith  in  the  chair. 

When  the  committee  arose  it  made  the  following  report, 
which  was  adopted: 

HALL  OF  THE  CONSTITUTIONAL  CONVENTION, 

CAPITOL  BUILDING, 

Cheyenne,  Wyo.,  Sept.  4,  1889. 

Mr.  President: — Your  committee  of  the  whole  having  had 
under  consideration  the  report  of  the  committee  on  rules,  beg 
2 — 


1 8  CONSTITUTIONAL  CONVENTION. 

leave  to  recommend  that  said  rules  be  adopted  with  the  fol- 
lowing amendments: 

Amend  Sec.  6.  Subdivision  by  striking  out  the  words  "an 
executive"  also  add  a  new  committee,  to  be  known  as  the  "com- 
mittee on  the  executive  department,"  said  committee  to  con- 
sist of  seven  members. 

Amend  Subdivision  6,  by  striking  out  the  word  "five"  and 
inserting  the  word  "seven." 

Amend  Subdivision  eleven  (11)  by  striking  out  the  word 
"five"  and  inserting  the  word  "seven,"  by  striking  out  the  words 
"and  mining"  and  by  adding  the  word  "agriculture"  preceding 
the  word  "irrigation." 

Amend  Subdivision  12  by  striking  out  the  word  "agricul- 
ture." 

Amend  Subdvision  14  by  striking  out  the  words  "and  home- 
stead exemptions." 

Amend  Sec.  6  by  adding  a  committee  on  mines  and  mining 
to  consist  of  five  members. 

OEO.  C.  SMITH,  Chairman. 

On  motion  of  Mr.  Morgan,  the  rules,  as  amended  by  the 
committee  of  the  whole,  were  referred  to  the  committee  un 
rules. 

The  convention  thereupon  took  a  recess  of  twenty  minutes. 

After  reconvening,  Mr.  Burritt,  from  the  committee  on  rules, 
presented  the  following  report: 

• 

COMMITTEE  ROOM,  CAPITOL  BUILDING,  ) 
Cheyenne,  Wyo.,  Sept.  4,  1889.  > 

To  the  Constitutional  Convention  of  Wyoming  Territory: 

Your  committee  on  rules  to  whom  was  reported  Rule  No. 
6,  for  reclassification  and  rearrangemtnt  of  the  committees  in 
accordance  with  the  expressed  wishes  of  the  convention  report 
back  a  substitute  for  said  Rule  No.  6  (hereto  attached)  em- 
bodying the  amendments  and  changes  suggested  by  the  con- 
vention. 

M.  C.  BKOWN,  Chairman. 
CHAS.  H.  BURRITT,  Secretary. 

6.  The  president  shall  appoint  the  following  standing  com- 
mittees on  business : 

No.  1.  A  committee  of  five  to  be  known  as  the  committee 
on  preamble  and  declaration  of  rights. 

No.  2.  A  committee  of  ten  to  be  known  as  the  committee 
on  legislative  department. 

No.  4.  A  committee  of  ten  to  be  known  as  the  committee 
on  judiciary. 

No.  5.  A  committee  of  five  to  be  known  as  the  committee 
on  elections,  right  of  suffrage,  and  qualifications  to  office. 


JOURNAL.  I9 

No.  6.  A  committee  of  ten  to  be  known  as  the  committee 
on  boundaries  and  apportionment. 

No.  7.  A  committee  of  five  to  be  known  as  the  committee 
on  education,  public  buildings,  state  institutions,  public  health 
and  public  morals. 

No.  8.  A  committee  of  seven  to  be  known  as  the  committee 
on  agriculture,  irrigation  and  water  rights. 

No.  9.  A  committee  of  five  to  be  known  as  the  committee 
on  mines  and  mining. 

No.K).  A  committee  of  seven  to  be  known  as  the  committee 
OH  manufactures,  commerce,  live  stock  interests  and  labor. 

No.  11.  A  committee  of  ten  to  be  known  as  the  committee 
on  taxation,  revenue  and  public  debt. 

No.  12.  A  committee  of  five  to  be  known  as  the  committee 
on  county,  city  and  town  organizations. 

No.  13,  A  committee  of  seven  to  be  known  as  the  commit- 
tee on  corporations. 

No.  14,  A  committee  of  ten  to  be  known  as  the  committee 
on  railroads  and  telegraphs. 

No.  15.  A  committee  of  five  to  be  known  as  the  committee 
on  salaries  of  public  officers. 

No.  1(>.  A  committee  of  five  to  be  known  as  the  committee 
on  federal  relations,  public  land  and  military  affairs. 

No.  17.  A  committee  of  five  to  be  known  as  the  committee 
on  printing,  publication,  accounts  and  expenses. 

No.  18.  A  committee  of  seven  to  be  known  as  the  commit- 
tee on  schedule,  future  amendments  and  miscellaneous  matters. 

No.  19.  A  committee  of  five  to  be  known  as  the  committee 
of  revision  and  adjustment. 

On  motion  of  Mr.  Grant  the  above  report  was  adopted  and 
the  committee  on  rules  discharged. 

Mr.  Biner  moved  the  adoption  of  the  rules  as  the  rules  to 
govern  this  convention.  Carried. 

Mr.  Coffeeii  of  Sheridan  county  stated  that  he  was  instruct- 
ed by  the  mass  convention  of  Sheridan  county  that  elected  him 
to  this  convention,  to  oppose  the  formation  of  a  state  consti- 
tution at  this  time,  by  this  convention,  and  announced  that  he 
was  ready  to  second  any  motion  to  that  effect  if  any  member 
of  the  convention  would  make  such  motion,  he  having  no  col- 
league from  his  OAVTI  county  to  aid  him  in  this  move. 

On  motion  of  Mr.  Fox,  the  secretary  was  instructed  to  pro- 
cure 100  printed  copies  of  the  rules. 

The  president  presented  the  following  communication  from 
Mr.  E.  A.  Slack: 

OFFICE  OF  THE  CHEYENNE  DAILY  SUN,  ) 
Cheyenne,  Wyo.,  Sept.  4,  1889.  \ 

Hon.  M.  C.  Brown,  President  Constitutional  Convention: 

Sir :     The  "Sun"  from  the  initiation  of  the  question  of  state- 
hood, for  Wyoming,  has  been  active  in  its  advocacy  of  such 


20  CONSTITUTIONAL  CONVENTION. 

measures  as  would  speedily  insure  Wyoming's  admission  as  a 
state. 

it  is  anxious  in  any  way  in  its  power  to  promote  the  objects 
of  the  convention. 

The  "Sun"  will  furnish  materials  and  do  any  or  all  printing 
that  may  be  desired  by  the  convention,  on  bids  or  estimates  as 
may  be  agreed  upon,  trusting  to  compensation  therefor  to  be 
hereafter  provided  by  the  legislature  of  the  territory  or  the 
congress  of  the  United  States. 

Very  respectfully, 
E.   A.    SLACK,   Publisher   Daily   Sun. 

On  motion  of  Mr.  Hay  the  secretary  was  instructed  to  get 
the  rules  printed  at  the  office  of  the  Cheyenne  Daily  Sun. 

Mr.  Mckerson,  from  the  committee  on  ways  and  means  made 
the  following  report: 
Mr.  President : 

Your  committee  on  ways  and  means  having  considered  the 
matter  referred  to  them,  beg  leave  to  report : 

That  they  recommended  that  the  various  officers  of  this  con- 
vention receive  the  same  compensation  that  like  officers  of  the 
Tenth  Legislative  Assembly  received,  depending  upon  the  Unit- 
ed States  or  the  next  legislature  to  pay  the  same,  and  that  the 
president  and  secretary  be  authorized  to  issue  certificates  to 
said  officers. 

Your  committee  estimate  that  the  cash  expense  for  books, 
printing  and  other  incidental  expense  ought  not  to  exceed  $500, 
and  that  we  have  under  consideration  means  of  defraying  such 
expense,  as  well  as  to  employ  a  stenographer  at  $10  per  day. 

We  herewith  submit  a  proposition  of  Miss  Louisa  S.  Smith, 
stenographer,  and  recommend  that  she  be  employed. 

Your  committee  feel  confident  that  arrangements  can  soon 
be  made  to  raise  the  necessary  funds  to  defray  these  expenses 
mid  ask  for  further  time  to  report. 

H.  G.  HAY,  Chairman. 

H.  G.  NTCKEESON,  Secretary. 

Cheyenne,  Wyoming,  Sept.  4th,  1889. 
Henry  G.  Hay,  Chairman,  Cheyenne,  Wyoming.     . 

Dear  Sir: — I  hereby  offer  to  report  the  proceedings  of  the 
constitutional  convention  at  the  rate  of  ten  dollars  per  diem. 

Yours  Respectfully, 

LOUISE  S.  SMITH. 

The  report,  on  motion  of  Mr.  Irvine,  was  received  and  further 
time  granted. 

/  Mr.  Potter  moved  1hat  Miss  Smith  be  employed  as  official 
stenographer,  in  accordance  with  the  report  of  the  committee 
on  ways  and  means. 


JOURNAL.  2 1 

Pending  this  motion,  the  convention,  on  the  motion  of  Mr. 
Riner,  adjourned  until  ten  o'clock,  a.  m.,  Sept.  5th. 

M.  C.  BROWN,  President  Convention. 
Attest: 

JOHN  K.  JEFFREY,  Secretary. 


FOURTH  DAY. 

HALL  OF  THE  CONSTITUTIONAL  CONVENTION, 

CAPIIOL  BUILDING, 
Cheyenne,  Wyo.,  Sept.  5,  1889. 

The  convention  asembled  at  ten  o'clock  a.  m. 

In  the  absence  of  the  president,  Mr.  Riner  was  chosen  presi- 
dent pro  tern,  and  took  the  chair. 

Koll  call — Forty  members  present. 

Prayer  by  the  chaplain. 

Journal  of  the  two  previous  sesions  were  read  and  approved. 

The  committee  on  credentials  reported  the  presence  of  Mr. 
N.  Baldwin,  a  duly  elected  delegate  to  this  convention  from 
the  County  of  Fremont. 

On  motion  of  Mr.  Grant  the  report  was  adopted,  and  Mr. 
Baldwin  was  sworn  in  by  Justice  of  the  Peace  W.  P.  Carroll. 

On  motion  of  Mr.  Fox  1he  oath  of  office  was  then  admin- 
istered by  Justice  Carroll  to  Assistant  Secretaries  Mrs.  B. 
Recker  and  H.  Glafcke,  Sergeant-at-arms  O.  P.  Yelton  and  Door- 
keeper J.  B.  Walsh. 

On  motion  of  Mr.  Teschemacher  the  convention  took  up  the 
motion  to  employ  an  official  stenographer. 

Mr.  Chaplin  moved  that  we  do  not  employ  an  official  sten- 
ographer. 

Mr.  Teschemacher  offered  an  amendment  that  wre  do  employ 
an  official  stenographer.- 

Mr.  McCandlish  called  for  the  yeas  and  nays  on  this  ques- 
tion. 

The  amendment  was  adopted  by  the  following  vote: 

Ayes — Messrs.  Baxter,  Burdick,  Burritt,  Butler,  Campbell, 
Casebeer,  Coffeen,  Conaway,  Davis,  Elliott,  Ferris,  Foote,  Fox, 
Frank,  Hay,  Holden,  Irvine,  Jeffrey,  Johnston,  Jones,  Morgan, 
Morris,  McCandlish,  Nickerson,  Organ,  Palmer,  Potter,  Preston, 
Reed,  Riner,  Russell,  Scott  and  Teschemacher. — 33. 

Nays — Messrs.  Baldwin,  Barrow,  Chaplin,  Menough,  Suther- 
land.— 5. 

Absent  and  not  voting — Messrs.    Clark,    Davis,    Downing, 


22  CONSTITUTIONAL  CONVENTION. 

Grant,  Hopkins,  Hoyt,  Knight,  McGill,  Smith,  Vainer,  and  Mr. 
President. — 11. 

Thereupon  the  president  pro  tern  announced  that  the  con- 
vention had  adopted  the  amendment  of  Mr.  Teschemacher. 

The  original  motion,  as  amended,  was  then  adopted. 

Mi1.  Chaplin  moved  that  Miss  Louise  S.  Smith  be  appointed 
official  stenographer. 

Mr.  Baxter  moved  to  amend  by  referring  the  matter  to  the 
committee  on  ways  and  means,  with  power  to  act. 

The    amendment    was    adopted. 

On  motion  of  Mr.  Teschemacher  the  privileges  of  the  floor 
were  extended  to  the  Governor  and  Secretary  of  the  Territory, 
Delegate  in  Congress,  Judges  of  the  Supreme  Court  and  Ex- 
Secretary  Shannon. 

The  convention  then  stood  in  recess  until  two  o'clock  p.  m. 


AFTERNOON  SKSSION. 

The  convention  re-assembled  at  two  o'clock  p.  m. 

The  president  in  the  chair. 

The  president  announced  the  following  standing  committees: 

STANDING  COMMITTEES. 

Committee  No.  1.  Preamble  and  Declaration  of  Eights: 
George  W.  Baxter,  S.  W.  Downey,  C.  D.  Clark,  N.  Baldwin  and 
Mark  Hopkins. 

Committee  No.  2.  Legislative  Department:  E.  S.  N.  Mor- 
gan, W.  E.  Chaplin,  H.  S.  Elliott,  D.  A.  Preston,  E.  C.  Butler, 
H.  A.  Coffeen,  DeF.  Eichards,  T.  H.  Moore,  M.  Hopkins,  C.  W. 
Holdeii. 

Committee  No.  3.  Executive  Department:  Jesse  Knight, 
John  A.  Einer,  A.  L.  Sutherland,  J.  C.  Davis,  Thomas  E.  Eeed, 
Chas.  Vagner,  T.  H.  Moore. 

Committee  No.  4.  Judiciary:  A.  B.  Conaway,  C.  N.  Potter, 
C.  D.  Clark,  S.  W.  Downey,  A.  C.  Campbell,  D.  A.  Preston,  H.  S. 
Elliott,  G.  C.  Smith,  E.  H.  Sc6tt  and  F.-H.  Harvey. 

Committee  No.  5.  Elections,  Eights  of  Suffrage  and  -Quali- 
fications to  Office:  J.  K.  Jeffrey,  John  W.  Hoyt,  H.  E.  Tesche- 
macher, C.  H.  Burritt,  G.  C.  Smith,  H.  A.  Coffeen,  E,  H,  Scott. 

Committee  No.  6.  Boundaries  and  Apportionment:  M.  C. 
Barrow,  Joseph  L.  Stotts,  J.  A.  Casebeer,  John  McGill,  John  M. 
McCandlish,  H.  E.  Teschemacher,  E.  J.  Morris,  F.  M.  Foote, 
N.  Baldwin,  H.  A.  Coffeen. 

Committee  No.  7.  Education,  Public  Buildings,  Public 
Health  and  Public  Morals:  John  W.  Hoyt,  C.  N.  Potter,  A.  B. 
ConaAvay,  E.  S.  N.  Morgan.  C.  D.  Clark. 


JOURNAL.  23 

Committee  No.  8.  Agriculture,  Irrigation  and  Water  Eights : 
J.  A.  Johnston,  C.  W.  Burdick,  W.  C.  Irvine,  A.  L.  Sutherland, 
C.  W.  Holden,  N.  Baldwin,  C.  H.  Burritt. 

Committee  No.  9.  Mines  and  Mining:  John  L.  Russell, 
G.  W.  Fox,  L.  J.  Palmer,  H.  G.  Nickerson,  C.  Vagner. 

Committee.  No.  10.  Manufactures,  Commerce,  Live  Stock 
Interests  and  Labor:  G-eo.  Ferris,  John  McGill,  T.  R.  Reed, 
H.  G.  Nickerson,  C.  P.  Organ,  E.  J.  Moris,  Jonathan  Jones. 

Committee  No.  11.  Taxation,  Revenue  and  Public  Debts: 
M.  N.  Grant,  J.  C.  Davis,  DeForest  Richards,  H.  S.  Elliott, 
H.  G.  Hay,  D.  A.  Preston,  H.  E.  Menough,  Jesse  Knight,  H.  A. 
Ooffeeii,  Meyer  Frank. 

Committee  No.  12.  County,  City  and  Town  Organization: 
C.  H.  Burritt,  Geo.  W.  Fox,  A.  C.  Campbell,  J.  A.  Riner,  Jona- 
than Jones. 

Committee  No.  13.     Corporations:     H.  A.  Coffeen.  C.  N. 
Potter,  F.  M.  Foote,  C.  W.  Burdick,  Geo.  W.  Baxter,  S.  W. 
Downey,  John  L.  Russell. 

Committee  No.  14.  Railroads  and  Telegraphs:  G.  C.  Smith, 
J.  A.  Riner,  M.  N.  Grant,  M.  C.  Barrow,  J.  M.  McCandlish,  H.  G. 
Nickerson,  A.  B.  Conaway,  Jesse  Knight,  H.  A.  Coffeen,  Meyer 
Frank. 

Committee  No.  15.  Salaries  of  Public  Officers:  F.  M.  Foote, 
H.  G.  Hay,  H.  F.  Menough,  N.  Baldwin,  J.  M.  McCandlish. 

Committee  No.  16.  Federal  Relations,  Public  Lands,  and 
Military  Affairs:  H.  G.  Nickerson,  C.  P.  Organ,. R.  C.  Butler, 
H.  F.  Menough.  G.  W.  Fox. 

Committee  No.  17.  Printing,  Publication,  Accounts,  and 
Expenses:  R.  H.  Scott,  W.  E.  Chaplin,  J.  A.  Casebeer,  M.  C. 
Barrow,  H.  G.  Hay. 

Committee  No.  18.  Schedule,  Future  Amendments  and  Mis- 
cellaneous Matters:  L.  J.  Palmer,  J.  K.  Jeffrey,  F.  H.  Harvey, 
R,  C.  Butler,  W.  C.  Irvine,  J.  L.  Stotts,  A.  L.  Sutherland. 

Committee  No.  19.  Revision  and  Adjustment:  H.  E. 
Tesehemacher,  A.  C.  Campbell,  C.  D.  Clark,  J.  A.  Casebeer  and 
J.  W.  Hoyt. 

Mr.  Hay  moved  that  the  list  of  standing  committees  be 
printed  with  the  rules.  Carried. 

The  president  presented  the  following  communication  from 
his  Excellency,  the  Governor  of  the  Territory: 

EXECUTIVE  DEPARTMENT,  ) 
Cheyenne,  Wyo.,  Sept.  5,  1889.  \ 

Hon.  M.  C.  Brown, 

President  Constitutional  Convention, 

Cheyenne.  Wyo. 

Sir: — I  have  the  honor  to  enclose  you  herein  for  the  infor- 
mation of  the  members  of  the  Constitutional  Convention,  copy 
of  a  letter  recently  received  with  relation  to  contemplated 


24  CONSTITUTIONAL  CONVENTION. 

visit  to  Wyoming  of  the  United  States  Senate  Committee  on 
Arid  Lands  and  Irrigation. 

Very  Eespectfully, 

FRANCIS  E.  WARREN, 

Governor. 

San  Francisco,  Gala.,  Aug.  29,  1889. 
lion.  Francis  E.  Warren, 

Governor  of  Wyoming  Territory. 

Dear  Sir: — By  direction  of  Senator  Wm.  M.  Stewart,  Chair- 
man U.  S.  Senate  Committee  on  Arid  Lands  and  Irrigation,  I 
write  to  say  that  as  at  present  advised,  a  sub-committee  of  said 
body  will  visit  Cheyenne,  arriving  some  time  in  September, 
about  the  22d  to  26th  of  that  month.  As  it  will  then  be  impos- 
sible for  the  committee  to  go  elsewhere  than  your  capitol,  Sen- 
ator Stewart  desires  me  to  urge  upon  you  the  advisability  of 
securing  the  attendance  there  of  as  many  representative  citi- 
zens who  understand  your  irrigation  plans  and  needs,  so  tlu.t 
their  testimony  may  be  secured.  You  will  be  advised  by  tele- 
graph, probably  from  El  Paso,  of  a  more  definite  date. 

Very  Respectfully, 
(Signed)       RICHARD  J.  HINTON, 

Irrigation  Engineer. 

The  foregoing  communications  were  referred  to  the  com- 
mittee on  irrigation. 

Mr.  Riner  moved  that  Mr.  Slack's  proposition  in  regard  to 
printing  be  accepted,  and  that  all  matter  to  be  printed  be 
sent  to  the  office  of  the  Cheyenne  Daily  Sun. 

Mr.  Burritt  moved  to  amend  by  referring  Mr.  Slack's  propo- 
sition to  the  committee  on  printing,  with  instructions  to  make 
a  contract  for  printing  on  the  most  reliable  basis  and  on  the 
terms  proposed  in  Mr.  Slack's  letter. 

The  amendment  was  adopted. 

Mr.  Coffeen  offered  the  following  resolution,  which  was 
adopted : 

Resolved,  that  the  Territorial  Librarian  be  requested  TO 
furnish  one  copy  of  the  Revised  Statutes  of  Wyoming  to  each 
member  of  this  convention  at  his  earliest  convenience. 

Mr.  Fox  presented  the  following  resolution  which  was  read: 

Resolved,  that  all  matter  any  member  may  wish  to  be  in- 
corporated in  the  Constitution  shall  be  first  introduced  in  the 
convention  in  writing  to  be  read  by  the  member  introducing 
the  same  or  by  the  clerk  of  the  convention;  after  a  second 
reading  it  shall  be  referred  to  the  appropriate  committee  with- 
out debate,  and  no  matter  shall  be  incorporated  in  the  Consti- 
tution until  the  subject  to  which  it  relates  shall  have  first 
beeu  considered  and  reported  iipon  by  the  committee  of  the 
whole. 

Each  article  or  resolution  so  introduced  shall  be  printed, 
giving  its  consecutive  number  of  introduction  and  a  copy 


JOURNAL.  25 

Thereof  furnished  to  each  member  before  its  second  reading, 
providing,  that  nothing  in  this  resolution  shall  prevent  the  in- 
troduction of  original  matter  by  any  standing  committee. 

The  convention  thereupon  stood  in  recess  for  thirty  minutes. 
On  re-assembling. 

The  following  propositions  were  then  presented,  read  first 
time  by  title  and  referred: 

File  No.  1.     By  Mr.  Morgan. 
"Declaration  of  Rights." 

Referred  to  Committee  No.  1. 
File  No.  2.     By  Mr.  Morgan. 
"Legislative  Department ." 

Referred  to  Committee  No.  2. 
File  No.  3.     By  Mr.  Morgan. 
"Executive." 

Ref erred  to  Committee  No.  3. 
File  No.  4.     By  Mr.  Morgan. 
'•Judiciary." 

Referred  to  Committee  No.  4. 
File  No.  5.     By  Mr.  Morgan. 

"Qualifications  foi  Office." 

Referred  to  Committee  No.  5. 
File  No.  6.     By  Mr.  Morgan. 
"Elections." 

Referred  to  Committee  No.  5. 
File  No.  7.     By  Mr.  Morgan. 
"Taxation  and  Finance." 

Referred  to  Committee  No.  11. 
File  No.  8.     By  Mr.  Morgan. 
"Education." 

Referred  to  Committee  No.  7. 
File  No.  9.     By  Mr.  Morgan. 

"Militia."  * 

Referred  to  Committee  No.  16. 
File  No.  10.     By  Mr.  Morgan. 
"Public  Officers." 

Referred  to  Committee  No.  5. 
File  No.  11.     By  Mr.  Morgan. 
"City  Charters." 

Referred  to  Committee  No.  12. 
Tile  No.  1.2.     By  Mr.  Morgan. 
"Railroads." 

Referred  to  Committee  No.  14. 
File  No.  13.     By  Mr.  Morgan. 
"Future  Amendments." 

Referred  to  Committee  No.  18. 

On  reassembling  Mr.  Holden  moved  that  his  colleague,  Mr. 
C  D.  Clark,  be  excused  until  his  return  next  week.    Agreed  to. 


26  CONSTITUTIONAL  CONVENTION. 

Oil  motion  of  Mr.  Tesckemaclier  the  presentation  of  resolu- 
tions and  propositions  was  made  the  special  order  for  Satur- 
day, Sept,  7th. 

The  convention  thereupon  adjourned  until  ten  o'clock  a.  in. 
Sept.  6th. 

M.  C.  BROWN,  President. 

Attest:     JOHN  K.  JEFFREY,  Secretary.  ' 


FIFTH  DAY. 

HALT.  OF  THE  CONSTITUTIONAL  CONVENTION,  \ 

CAMTOL  BUILDING,  > 
Cheyenne,  Wyo.,  Sept.  6,  1889.  ) 

The  convention  assembled  at  ten  o'clock  a.  m. 

Mr.  President  in  the  chair. 

Prayer  by  the  chaplain. 

Roll  call,  thirty-seven  members  present. 

Journal  of  previous  session  read  and  approved, 

Mr.  Fox  persented  the  credentials  of  Mr.  F.  H.  Harvey,  del- 
egate elect  from  Converse  county.  Referred  to  the  committee 
on  credentials. 

The  convention  stood  in  recess  for  ten  minutes. 

On  reassembling  Mr.  Jeffrey  offered  the  following  resolu- 
tion: 

Resolved,  That  the  delegates  to  this  convention  elected  for 
the  purpose  of  forming  a  constitution  for  the  proposed  state 
of  Wyoming  do  hereby  declare,  on  behalf  of  the  people  of 
said  proposed  state,  that  they  adopt  the  constitution  of  the 
United  States. 

Referred  to  Committee  No.  1. 

On  motion  of  Mr.  Teschemacher  the  rules  were  suspended 
for  the  purpose  of  authorizing  the  committee  on  credentials  to 
make  a  report.  Mr.  Fox  of  said  committee  made  the  follow- 
ing report: 

Cheyenne,   Sept.   6th,   1889. 
Mr.  President: 

We,  your  committee  on  credentials,  have  examined  the 
credentials  of  Mr.  F.  H.  Harvey  of  Converse  county  and  do 
recommend  that  he  be  entitled  to  a  seat  in  the  convention. 

GEO.  W.  FOX,  Chairman. 

J.  M.  McCANDLISH,  Secretary  pro  tern. 

On  motion  of  Mr.  Fox  the  above  report  was  adopted. 


JOURNAL.  27 

* 

Mr.  Harvey  thereupon  was  sworn  in  by  Justice  of  the 
Peace  W.  P.  Carroll  and  took  his  seat  in  the  convention. 

PROPOSITIONS  AND  RESOLUTIONS. 

The  following  propositions  were  read  first  time  and  re- 
ferred :  File  No.  1.4.  By  Mr.  Barrow. 

"County   Seats,   Boundaries   and  Divisions   of   Coun- 
ties." 

Mr.  Potter  moved  its  reference  to  committee  No.  12. 
Mr.  Irvine  moved  to  amend  by  referring  the  proposition  to 
committee  No.  6. 

Mr.  Burritt  arose  to  a  point  of  order,  it  being  the  point 
that  a  motion  to  refer  is  not  under  the  rules,  subject  to  amend- 
ment. 

The  chair  sustained  the  point  of  order. 
The  convention  by  a  rising  vote  then  referred  File  No.  14 
to  committee  No.  6. 

File  No.  15.     By  Mr.  Palmer. 

"Concerning  School  Lands." 

Read  first  time  and  referred  to  Committee  No.  16. 
File  No.  16.     By  Mr.  Palmer. 

"Concerning  a  compulsory  Secret  Ballot." 

Read  first  time  and  referred  to  Committee  No.  5.. 
File  No.  17.     By  Mr.  Palmer. 

"Concerning  Private  Detective  Agencies." 

Referred  to  Committee  No.  10. 
File  No.  18     By  Mr.  Campbell. 

"Qualifications  of  State  Officers." 

Referred  to  Committee  No.  5. 
File  No.  19,     By  Mr.  Campbell. 

"Creation  of  New  Counties  and  Municipal  Corpora- 
tions." 

Referred  to  Committee  No.  12. 
File  No.  20.     By  Mr.  Fox. 
"Preamble." 

Referred  to  Committee  No.  1. 
File  No.  21.     By  Mr.  Chaplin. 

"Freedom  of  Conscience,  etc." 

Referred  to  Committee  No.  1. 
File  No.  22.     By  Mr.  Baxter. 

"Creation  of  New  Counties." 

Referred  to  Committee  No.  12. 

The  president  presented  a  communication  from  Mr.  Joseph 
Ramsey,  of  Tennessee,  proposing  several  articles  for  the  con- 
stitution of  Wyoming. 

Referred  to  Committee  No.  18. 

Mr.  Baxter  offered  the  following  resolution,  which  was 
adopted : 

Resolved,  That  the  president  of  this  convention  be  requested 
to  send  to  the  president  of  the  constitutional  convention  of 


28  CONSTITUTIONAL  CONVENTION. 

New  Mexico,  now  in  session  in  the  City  of  Santa  Fe,  greetings 
of  the  people  of  Wyoming,  and  convey  some  expression  of  the 
hope  which  we  entertain  that  both  Wyoming  and  New  Mexico 
may  at  an  early  day  !be  admitted  as  states  in  the  Union  as  of 
right  they  ought  to  be. 

Mr.  Hoyt  presented  the  following  resolution,  which  was 
laid  over  under  the  rules: 

Resolved,  That  the  members  of  standing  Committee  No. 
10,  .entitled  "Manufactures,  Commerce,  Live  Stock  Interests 
and  Labor,"  is  hereby  increased  to  ten  in  order  that  each  coun- 
ty of  the  territory  may  be  represented  therein. 

On  motion  the  convention  stood  in  recess  until  two  o'clock 


AFTERNOON  SESSION. 

The  convention  reassembled  at  two  o'clock  p.  m. 
The  president  in  the  chair. 

The  president  presented  the  following  communication, 
"which  was  read: 

Lexington,  Missouri,  Sept.  3rd.,  1889. 

B.  S.  Elliott,  President,  and  Members  of  Wyoming  Constitu- 
tional Convention,  Cheyenne: 

Dear  Sir: — As  an  old  resident  of  Wyoming  and  a  mem- 
ber of  her  first  legislature,  it  will  not  seem  out  of  place  for  me 
to  express  my  interest  in  your  proceedings,  and  my  best  wishes 
for  the  success  of  the  new  state. 

The  name  of  the  state  has  much  to  do  with  its  future  for- 
tunes, and  if  the  new  state  is  to  be  named  after  a  county,  it 
would  seem  to  me  much  better  to  name  it  after  one  of  your 
own  counties,  than  after  a  county  in  an  eastern  state,  as  it  is 
now  named.  Uuita  is  a  much  prettier  name  than  Wyoming, 
and  it  is  one  that  belongs  to  your  locality  and  was  not  imported 
from  the  east.  Wyoming  was  chosen  for  you  when  helpless. 
When  you  become  full  fledged  free  men  choose  your  own 
name.  1'h ere  are  many  other  pretty  aboriginal  names  that 
belong  to  the  west,  but  it  would  be  hard  to  find  a  more  suita- 
ble and  pleasant  sounding  name  than  Uinta,  spelled  with 
five  letters. 

With  many  wishes  for  the  prosperity  of  the  new  state,  I 
have  the  honor  to  be,  my  dear  sir  and  gentlemen, 

GEORGE  WILSON, 
Member  of  Council,  First  Legislature. 

On  motion  of  Mr.  Reid  the  foregoing  communication  was 
laid  upon  the  table. 

At  the  request  of  M.  Palmer,  Mr.  Preston  was  excused 
until  his  return  next  week. 


JOURNAL.  29 

The  convention  excused  Mr.  Barrow  until  Tuesday  next. 

The  president  submitted  the  following  communications 
from  his  excellency,  the  governor  of  the  territory,  which  were 
read  and  referred  to  Committee  No.  5. 

EXECUTIVE  DEPARTMENT,  ) 
Cheyenne,  Wyo.,  Sept.  3,  1889..  $. 

Hon.  M.  C.  Brown, 

President  Constitutional  Convention, 

Cheyenne,  W}*o. 

Dear  Sir: — I  am  in  receipt  of  a  letter  from  Henry  B. 
Blackwell,  of  Boston,  regarding  woman's  suffrage,  in  the  Wyo- 
ming constitution. 

He  encloses  letters  from  U.  S.  Senator  Henry  W.  Blairv 
of  New  Hampshire,  Ex-Governor  of  Massachusetts  John  D- 
Long,  and  Member  of  Congress  T.  B.  Eeed  of  Maine. 

The  three  letters  I  herewith  enclose  you  for  any  use  you  may 
desire  to  make  of  them  during  the  convention. 

Very  Truly  Yours, 

FRANCIS  E.  WAEEEN, 

UNITED  STATES  SENATE,  > 
Washington,  D.  C.,  Aug.  21,  1889.  \ 
Henry  B.  Blackwell, 

Cor.  Sec'y  Am.  Woman's  Suffrage  Asso'tn. 
Dear  Sir: — 

The  most  common  arguments  urged  by  the  opponents  of 
woman  suffrage  to  a  national  constitutional  amendment  giving 
suffrage  to  women,  is  that  the  whole  subject  belongs  to  the 
states,  and  to  the  people  of  the  states.  Always  in  debate 
they  tell  us  to  go  to  the  states  and  fight  out  the  battle  there. 

Hence  all  must  see  that  you  are  pursuing  the  very  course 
they  pronounce  the  proper  one,  in  your  efforts  to  secure  the 
suffrage  for  women  in"  the  formation  of  the  constitutions  of 
the  new  states. 

There  is  not  the  slightest  ground  to  apprehend  their  re- 
jection should  these  states  apply,  with  woman  suffrage  in  their 
constitutions. 

There  is  very  general  willingness  that  the  experiment  be 
tried  even  by  those  who  have  no  faith  in  the  result. 
Tried  it  must  be,  and  the  sooner  the  better. 

Truly  Yours, 

HENRY  W.  BLAIE. 
Portland,  Me.,  Aug.  21st,  1889. 

My  Dear  Sir: — There  is  no  danger  that  the  admission  of 
Wyoming  will  be  hindered  in  the  least  by  putting  woman 
suffrage  in  the  constitution. 

Very  Truly, 

T.  'B.  EEED. 
To  Henry  B.  Blackwell, 

Cor.  Sec'y  Am.  W.  S.  A. 


go  CONSTITUTIONAL  CONVENTION. 

LAW  OFFICE  OF  ALLEN,  HEMENWAY  &  LONG, 

Boston,  Mass.,  Aug.  22,  1889. 

Dear  Sir: — In  my  judgment,  if  Wyoming  adopts  a  woman 
suffrage  constitution,  congress  will  recognize  and  respect  the 
right  of  the  people  of  that  territory  to  regulate  and  determ- 
ine the  question  of  suffrage  for  themselves,  and  would  not 
refuse  them,  admission  as  a  state  on  that  account. 

Yours  Truly, 

JOHN  £).  LONG. 
Henry  K  Blackwell,  Esq. 

Mr.  Chaplin  submitted  the  following  report: 

Cheyenne,  Sept.  6th,  1889. 

To  the  Members  of  the  Constitutional  Convention  of  Wyoming: 
Gentlemen: — We,  your  committee  on  printing,  desire  to 
report  that  we  have  asked  for  bids  from  the  various  printing 
establishments  in  Cheyenne,  wrhich  are  submitted  herewith, 
and  made  a  part  of  this  report. 

We  desire  to  state  that  the  committee  in  each  case  in- 
formed the  printing  establishments  that  no  moneys  were  avail- 
able for  the  payment  of  bills  which  might  be  incurred,  bat 
that  they  would  be  compelled  to  take  their  chances  upon  an 
appropriation  by  the  legislature,  or  the  United  States  congress. 

W.  -E.  CHAPLIN, 
J.  A.  CASEBEER, 
HENRY  O.  HAY. 

To  the  Printing  Committee  of  the  Wyoming  Constitutional 

Convention : 

Sirs: — The  Sun  will  do  the  printing  as  specified  by  you,  upon 
,  161b.  flat  cap  at  the  rate  of  55  cts.  per  1.000  ems. 

And  upon  a  super  sized  calendered  bb.  paper  after  sam- 
ple enclosed  at  5  cts.  less  per  1,000  ems. 

E.  A.  SLACK. 

Cheyenne,  Wyo.,  Sept.  6,  1889. 
To  the  Printing  Committee,  Constitutional  Convention: 

Gentlemen : — We  agree  to  print  (75)  seventy-five  copies  of  all 
matter  introduced  in  said  convention  for  incorporation  into 
the    constitution    of    the    state    of    Wyoming    for    the    sum 
of  (57)  fifty-seven  cents  per  1,000  ems. 
This  to  include  paper  and  press  work. 
Type  small  pica. 
Paper  16  Ib.  cap,  good  quality. 

Kespectfully, 

BRISTOL  AND  KNABE  PRINTING  CO. 
t  S.  A.  Bristol,  Manager. 


JOURNAL.  31 

Cheyenne,  Sept.  6,  1889. 
Committee  on  Printing,  Constitutional  Convention: 

Gentlemen: — I  herewith  propose  to  do  the  printing  for  the 
constitutional  convention,  in  a  manner  similar  to  the  enclosed 
legislative  bill,  at  the  rate  of  65  cents  per  1,000. 

This  includes  composition,  paper,  press  work,  and  every- 
thing complete. 

Enclosed  find  sample  of  paper  and  style  of  bill. 

Yours  Truly, 
JOHN  F.  CARROLL, 

Manager  Cheyenne  Leader. 

On  motion  of  Mr.  Coif een  the  report  was  accepted  and  the 
committee  authorized  to  contract  with  Mr.  Slack,  the  lowest 
bidder,  for  the  printing  required  by  this  convention,  on  the 
basis  of  his  two  propositions  submitted  to  this  convention. 

Mr.  Hay,  from  the  committee  on  ways  and  means,  reported 
as  follows: 
Mr.  President: 

Your  special  committee  on  ways  and  means  to  whom  was 
re  referred  the  matter  of  employing  an  official  stenographer 
to  report  the  proceedings  of  this  convention,  jbeg  leave  to  re- 
port that  they  have  employed  Miss  Louise  S.  Smith,  and 
submit  her  proposition  herewith. 

H.  G.  HAY,  Chairman. 
II.  G.  MCKERSO^,  Secretary. 

Cheyenne,  Wyoming,   Sept.   6th,   1889. 
Henry  G.  Hay,  Esq.,  Chairman, 

Cheyenne,  Wyoming, 

l>ear  Sir: — I  beg  to  submit  the  following  proposition  for 
your  final  consideration. 

I  will  make  a  stenographic  report  of  the  proceedings  of 
the  convention,  and  furnish  a  type-written  transcript  of  the 
same  at  the  rate  of  fifteen  dollars  per  day,  for  each  day  actu- 
ally employed  in  making  such  stenographic  report,  the  work 
to  be  completed  within  thirty  days  after  the  adjournment  of 
the  convention. 

Yours  Respectfully, 

LOUISE  S.  SMITH. 

On  motion  of  Mr.  Campbell  the  report  was  accepted,  and 
the  action  of  the  committee  approved. 
Mr.  Potter  gave  the  following  notice: 

Cheyenne,  Sept.  6th,  1889. 
Mr.  President: 

I  hereby  give  notice  that  on  to-morrow  or  some  subsequent 
day,  I  will  move  an  amendment  to  Rule  six,  by  the  establish- 
ment of  an  additional  committee  to  be  known  as  a  "Committee 
on  Ordinances." 

C.  N.  POTTER. 


32 


CONSTITUTIONAL  CONVENTION 


The  resignation  of  Corlett  Downey,  one  of  the  pages  of 
this  convention,  having  been  accepted,  Mr.  Potter  nominated' 
Fred  Huf smith  for  the  position  vacated;  and  he  was  chosen 
page  by  acclamation. 

On  motion  of  Mr.  Campbell,  the  convention  adjourned  un- 
til ten  o'clock  a.  m.  Sei)t.  7th. 

M.  C.  BROWN,  Pres.  Con. 
Attest:     J.  K.  JEFFREY,  Secretary. 


SIXTH   DAY 

HALL  OF  CONSTITUTIONAL  CONVENTION,  V 

CAPITOL  BUILDING,  > 

Cheyenne,  Wyo.,  Sept.  7,  1889,  V 

The  convention  assembled  at  ten  o'clock  a.  m. 

Mr.  President  in  the  chair. 

Prayer  by  the  chaplain. 

Roll  call,  34  members  present. 

Journal  of  previous  session  read  and  approved. 

Mr.  Mark  Hopkins,  delegate  from  Sweetwater  County,  ap- 
peared on  the  floor  of  the  convention  and  the  oath  of  office* 
was  administered  to  him  by  Justice  of  the  Peace  W.  P.  Carroll. 

The  president  submitted  a  communication  from  Mr.  S.  I). 
Shannon,  Ex-Secretary  of  Wyoming  Territory,  accepting  the 
courtesies  extended  to  him  by  this  convention. 

The  following  resolution,  offered  by  Mr  Baxter,  was  unan- 
imously adopted: 

Resolved,  That  the  thanks  of  members  of  this  convention 
are  hereby  tendered  to  Mr.  Jno.  F.  Carroll  for  his  generous; 
offering  of  copies  of  the  Cheyenne  Leader,  daily,  during  the 
continuance  of  the  convention. 

The  p?*esident  announced  the  receipt  of  several  copies  of 
the  annual  report  of  the  State  Engineer  of  Colorado. 

On  motion  of  Mr.  Johnston,  a  vote  of  thanks  was  extended 
to  that  official. 

PROPOSITIONS. 

The  following  propositions  were  read  first  time  and  re- 
ferred : 

File  No.  23.     By  Mr.  Baxter. 

"Concerning  Oath  of  all  Civil  Officers." 

Referred  to  Committee  No.  5. 
File  No.  24.     By  Mr.  Baxter. 

"Concerning  one  of  the  Duties  of  the  Attorney  Gen- 
eral of  the  State." 
Referred  to  Committee  No.  4. 


JOURNAL 


33 


File  No.  25.     By  Mr.   Ha x lor. 

•'Concerning  Female  Suffrage." 

Referred  to  Committee  No.  5. 
'file  No.  26.     By  Mr.  Baxter. 

"Forbidding  the  improper  use  of  Public  Funds.'7 

Referred  to  Committee  No.  11. 
File  No.  27.     By  Mr.  Potter. 
"Concerning  Taxation." 

Referred  fo  Committee,  No.  11. 
File  No.  28.     By  Mr.  Potter. 
''Public  Schools." 

Referred  to  Committee  No.  7. 
File  No.  29.     By  Mr.   Potter. 

"Concerning  Qualifications  of  Electors." 

Referred  to  Committee  No.  5. 
File  No.  30.     By  Mr.  Potter. 

"Limitation  on  Legislative  Power." 

Referred   to   Committee  No.   2. 
File  No.  31.     By  Mr.  Grant. 

-Relating  to  Railroad  and  Telegraph  Lines." 

Referred  ro  Committee  No.  14. 
File  No.  32.     By  Mr.  Teschemacher. 
"Qualification  of  Electors." 

Referred  to  Committee  No.   5. 
File  No.  33.     By  Mr.  Palmer. 
"Concerning  Exemptions." 

Referred   to   Committee   No.   11. 
File  No.  34,     By  Mr.  Burdick. 
"State  Militia." 

Referred  to   Committee  No.   16. 
File  No.  35.     By  Mr,  Burdick. 

"Irriga  tion  Commissioners." 

Referred  to  Committee  No.  8. 
File  No.  36.     By  Mr.  Fox. 
"Militia." 

Referred  to  Committee  No.  16. 
File  No.  37.     By  Mr.  Coffeen. 
"Railroad  Corporations." 

Referred  to  Committee  No.   14. 
File  No.  38.     By  Mr.  Coffeen. 
"On  Corporations." 

Referred  to  Committee  No.  13. 
File  No.  30.     By  Mr.  Teschemacher. 
"Concerning  the  Ballot." 

Referred  to  Committee  No.  5. 
File  No.  40.     By  Mr.  Reid. 

"Prohibiting  the  Importation  of  Foreign  Police,  Etc." 

Referred  to  Committee  No.  10. 

On  motion  of  Mr.  'Potter,  Files  23,  25,  26,  27,  2S,  30,  31, 
35,  36,  37,  38,  and  40  were  ordered  to  be  printed. 
3 — 


34 


CONSTITUTIONAL  CONVENTION. 


The  resolution  offered  by  Mr.  Hoyt,  Sept.  Oth,  increasing 
the  membership  of  Committee  No.  10  to  ten,  was  adopted. 

Mr.  Coffeen  moved  a  reconsideration.     Carried. 

Mr.  Coffeen  moved  an  amendment  of  the  resolution  in- 
creasing the  committee  to  eleven  members.  The  amendment 
was  agreed  to. 

The  resolution,  as  amended  was  then  adopted. 

In  pursuance  of  a  notice  previously  given  Mr.  Potter  moved 
to  amend  Rule  6,  by  appointing  an  additional  standing  com- 
mittee of  seven  members,  to  be  known  as  Committee  No.  20, 
"On  Ordinances."  Agreed  to. 

Mr.  Johnston,  of  Committee  No.  8,  made  the  following  re- 
port, which  was  adopted: 
Mr.  President: 

CONSTITUTIONAL  CONVENTION,  WYOMING  TERRITORY,  ) 
Committee  Room  No.  8,  Sept.  7,  1889.  \ 

Your  committee  to  whom  was  referred  the  communica- 
tion of  His  Excellency  relative  to  the  expected  visit  of  the 
U.  S.  Senate  committee  on  arid  lands  and  irrigation,  respect- 
fully report  that  they  have  had  the  matter  under  considera- 
tion and  report — That  we  have  conferred  with  His  Excellency 
and  are  informed  b}r  him  that  he  has  called  upon  the  several 
Boards  of  County  Commissioners  of  the  Territory  to  send  one 
or  more  men  who  are  familiar  with  irrigation  in  their  coun- 
ties to  represent  their  counties,  before  the  U.  S.  Senate  Com- 
mittee but  that  all  the  counties  may  not  have  time  to  respond. 

Your  committee  therefore  recommend: 

That  for  fear  the  county  commissioners  may  fail  to  respond, 
that  a  member  be  designated  from  this  convention  to  com- 
plete the  representation  from  each  county,  and  whose  busi- 
ness shall  be  to  see  that  their  counties  are  represented  before 
the  U.  S.  Senate  committee,  and  this  committee  be  informed 
at  once,  so  that  the  material  to  be  used  before  said  committee 
may  be  intelligently  arranged  so  as  to  make  the  best  showing 
possible  and  that  *  each  county  delegation  be  requested  to 
designate  a  member  for  said  committee.  Your  committee  fur- 
ther recommend  that  the  U.  S.  Senate  committee  be  tendered 
the  privileges  of  the  floor  of  this  convention,  and  that  the 
president  of  this  convention  be  requested  to  write  the  mem- 
bers of  the  U.  S.  Senate  committee  to  address  this  convention 
upon  the  question  of  irrigation. 

We  submit  herewith  two  resolutions  and  recommend  their 
adoption. 

J.  A.  JOHNSTON,  Chairman. 

The  following  resolutions  submitted  by  Committee  No.  8, 
were  ordered  to  be  read  and  were  adopted  without  debate. 

Kesolved,  That  the  president  of  this  convention  be  re- 
quested to  extend  to  the  members  of  the  U.  S.  Senate  com- 


JOURNAL.  35 

mictee  on  arid  lauds  and  irrigation  the  privileges  of  the  floor 
of  this  house,  and  to  extend  an  invitation  to  the  members  of 
the  said  committee  to  address  this  convention  upon  the  ques- 
tion of  irrigation. 

Resolved,  That  a  select  committee  of  ten  to  consist  of  one 
member  from  each  county,  be  chosen  from  this  convention, 
each  delegation  to  designate  the  member  from  their  county, 
to  attend  to  the  preparation  and  presentation  of  information 
on  irrigation  to  the  U.  S.  Senate  committee  0*1  arid  land  and 
irrigation  on  the  occasion  of  their  yisit  to  Cheyenne  and  in 
•conjunction  with  His  Excellency  the  Governor  to  arrange  for 
their  formal  reception  and  entertainment. 

The  president  announced  that  in  accordance  with  the  fore- 
going resolution  the  designation  of  the  members  to  form  this 
select  committee  was  in  order.  The  roll  of  counties  being 
called,  the  following  named  gentlemen  were  chosen  as  mem- 
bers of  the  select  committee: 

Albany  Count}r,  S.  W.  Downey, 

Carbon  County,  K.  C.  Butler, 

Crook  County,  nomination  deferred, 

Converse  County,  nomination  deferred, 

Fremont  County,  N,   Baldwin, 

Johnson  County,  C.  H.  Burritt, 

Laramie  County,  J.   A.  Johnston, 

Sheridan  County,  IT.  A.  Coffeen, 

Svvwetwntei'  County,  M.  Hopkins, 

TTinta  County,  C.  W.  Holden. 

Mr.  Hoyt  presented  a  resolution  relating  to  "Printing  and 
Publication,"  which  resolutions  were  laid  over  under  the 
Tides. 

By  general  consent  Mr.  Campbell  was  excused  from  atten- 
dance next  Monday. 

Mr.  Fen-is  and  Foote  were  also  excused  until  their  return 
next  -vvfeek. 

On  motion  of  Mr.  Organ,  as  amended  by  Mr.  Campbell, 
the  comrention  adjourned  till  two  o'clock  p.  m.  Monday,  Sep- 
tember 9th. 

M.  C.  BROWN,  Pres.  Con. 
Attest:     JOHN  K.  JEF.FREY,  Secretary. 


36  CONSTITTTIONAL  CONVENTION. 


SEVENTH   DAY 

HALL  OF  CONSTITUTIONAL  CONVENTION,  \ 

CAPITOL  BUILDING,  > 

Cheyenne,  Wyo.,  Sept.  9,  1889,  7 

The  convention  was  called  to  order  at  2  o'clock  p.  m. 

Mr.  President  in  the  chair. 

Prayer  by  the  chaplain. 

Roll  call;  38  members  present. 

Journal  of  the  previous  session  read  and  approved. 

Mr.  Frank,  of  Crook,  designated  Mr.  R.  H.  Scott  as  mem- 
ber of  the  special  committee  to  meet  the  "U.  S.  Senate  com- 
mittee on  irrigation. 

The  president  announced  that  he  had  made  the  following 
additional  appointments  on  standing  committees: 

Committee  No.  10,  Messrs.  Sutherland  of  Albany,  Frank 
of  Crook,  Irvine  of  Converse,  McCandlish  of  Johnson. 

Committee  No.  20,  "On  Ordinances,"  Messrs.  Downey,  Or- 
gan,  Harvey,  Burdick,  Potter,  Menough,  Jones. 

PROPOSITIONS. 

The  following  propositions  were  read  first  time  and  re- 
ferred : 

File  No.  41.     By  Mr.  Jeffrey. 
"Public  Indebtedness." 

Referred  to  Committee  No.  11. 
File  No.  42.     By  Mr.  Fox. 

''Transportation  of  Coal  and  Mineral  Oils." 

Referred  to  Committee  No.  13. 
File  No.  43.     By  Mr.  Nickerson. 
"Apportionment." 

Referred  to  Committee  No.  2. 
File  No.  44.     By  Mr.  Morgan. 
"Preamble." 

Referred   to    Committee    No.    1. 
File  No.  45.     By  Mr.  Morgan. 
"Declaration  of  Rights." 

Referred  to  Committee  No.  1. 
File  No.  46.     By  Mr.  Morgan. 
"'Distribution  of  Powers." 

Referred  to  Committee  No.  18. 
File  No.  47.     By  Mr.  Grant. 
"Elections." 

Referred  to  Committee  No.  5. 


JOURNAL. 


37 


The  president  announced  thiit  in  accordance  with  a  reso- 
lution of  this  convention,  he  had  sent  the  following  telegraphic 
dispatch : 

Cheyenne,   Wyo.,    Sept.    6th. 
To  the  President  of  the  Constitutional  Convention, 

Santa  Fe,  New  Mexico: 

Wyoming's  Constitutional  Convention  sends  greetings  and 
-expresses  the  hope  that  Wyoming  and  New  Mexico  at  an  early 
day  will  be  admitted  into  the  Union  of  States,  as  by  right 
they  ought  to  be. 

(Signed)     MELVILLE  C.  BROWN, 

President. 
The  reply  received  was  as  follows: 

Santa  Fe,  N.  M.,  Sept,  7. 
Melville  C.  Brown,  President  Constitutional  Convention, 

Cheyenne,   Wyoming : 

The  New  Mexico  Constitutional  Convention  extends  the 
IniTkd  oi  fellowship  to  Wyoming  with  deepest  gratitude  for 
her  kindly  greeting,  and  is  sanguine  that  the  race  upon  which 
"Wyoming  and  New  Mexico  have  entered  will  be  successful 
and  that  their  two  stars  will  be  none  the  less  brilliant  in 
the  American  constellation  than  those  which  shine  in  the 
Union  firmament. 

(Signed)     J.  FRANK  CHAVEZ, 

President. 

Mr.  Morgan  offered  the  following  resolution,  which  was  unan- 
imously adopted : 

Resolved,  That  the  thanks  of  the  convention  are  due  and 
hereby  tendered  to  Hon.  J.  W.  Meldrum,  Secretary  of  the 
Territory,  for  his  successful  efforts  in  fitting  up  the  hall  for  the 
meetings  of  the  convention,  providing  ^stationary  and  other 
essentials  for  the  use  of  the  members, 

Mr.  Jeffrey  moved  that  File  No.  41  be  printed;  so  ordered. 

On  motion  of  Mr.  Chaplin,  the  resolutions  offered  by  Mr. 
Hoyt,  September  7th,  were  laid  over  until  to-morrow. 

Mr.  Irvine  of  Converse,  withdrew  the  name  of  M.  C.  Bar- 
row, as  member  of  the  special  committee  to  meet  the  IT.  S. 
Senate  committee  on  irrigation. 

Mr.  Irvine  moved  that  the  delegation  from  Converse  be 
permitted  to  designate  Mr.  DeForest  Richards  as  the  Con- 
verse Comity  member  of  ihe  special  committee  to  meet  the 
IT.  S.  Senate  committee  on  irrigation. 

Ruled  out  by  the  chair  on  a  point  of  order. 

On  motion  of  Mr.  Riner,  the  convention  adjourned  until 
ten  o'clock  a.  m.,  September  10th. 

M.  C.  BROWN,  Pres.  Con. 
Attest:       JOHN  K.  JEFFREY,  Secretary  Const.  Con. 


38  CONSTITUTIONAL   CONVENTION. 


EIGHTH  DAY. 

HALT.  OF  THE  CONSTITUTIONAL  CONVENTION,  \ 

CAPITOL  BUILDING,  > 
Cheyenne,  Wvo.,  Sept.  10,  1889.  ) 

The  convention  was  called  to  order  at  10  o'clock  a.  m. 

Mr.  President  in  the  chair. 

Prayer  by  the  chaplain. 

Roll  call.  Thirty -nine  members  present;  absent  members 
heretofore  excused  by  the  convention. 

Journal  of  previous  session  read  and  approved. 

The  convention  on  motion  excused  Mr.  Hopkins  until  Thurs- 
day next. 

PROPOSITIONS. 

The  following  propositions  were  read  first  time  and  re- 
ferred : 

File  No.  48.     P,y  Mr.  Frank. 
"County  Organizations." 

Referred  to  Committee  No.  12. 
File  No.  4!).     By  Mr.  Frank. 
"Sultrag^  and  Elections." 

Referred  to  Committee  No.  5. 
File  So.  50.     By  Mr.  Campbell. 

"'Concerning  the  Creation  of  a  Supreme  Court." 

Referred  to  Committee  No.  4. 
File  No.  51.     By  Mr.  Jeffrey. 
"Seal  of  State." 

Referred  to  Committee  No.  3. 
File  No.  52.     By  .Mr.  Smith. 

"Regulation  of  Railroads  and  Telegraphs." 

Referred  to  Committee  No.  14. 
File  No.  53.     By  Mr.  Chaplin. 
"Preamble." 

Referred  to  Committee  No.   1. 
File  No.  5-4.     By  Mr.  Grant. 

'Limitation  on  Public  Indebtedness." 
Referred  to  Committee  No.  11. 
File  No.   55.     By  Mr.   Grant, 

''Concerning   the  Revenue." 

Referred  to  Committee  No.  11. 
File  No.  56.     By  Mr.  Riner. 

"In  relation  to  the  Executive  Department." 
Referred  to  Committee  No.  3. 


JOURNAL. 


39 


Mr.  Hay  offered  an  amendment  to  Kule  No.  25,  relating 
to  printing. 

Mr.  Riner  moved  the  suspension  of  the  rule  requiring  one 
day's  notice  for  the  purpose  of  considering  the  amendment, 
seconded  by  two  members.  The  yeas  and  nays  were  called 
for,  011  the  motion  to  suspend  the  rules,  and  resulted  as  fol- 
lows: Yeas  35.  Nays  5.  Absent  0. 

Thereupon  the  president  announced  that  two-thirds  of  the 
members  present  having  voted  in  the  affirmative,  the  rules 
were  suspended  for  the  purpose  of  considering  the  proposition 
to  amend  the  rules. 

Mr.  Hay  having  withdrawn  his  amendment  Mr.  Tesche- 
macher  offered  the  following  substitute:  Amend  Kule  51  so 
as  to  read  as  follows: 

"All  reports  of  -the  committees  containing  matter  to  be 
incorporated  in  the  constitution  shall  be  considered  in  the 
order  in  which  the  reports  are  made,  and  upon  their  intro- 
duction and  full  reading  before  the  convention;  such  matters 
to  be  incorporated  shall  be  referred  immediately  to  the  print- 
ing committee  and  when  printed  shall  be  placed  upon  the 
calender  to  be  considered  in  the  committee  of  the  whole  con- 
vention. No  other  matter  shall  be  printed  except  by  consent 
of  the  convention." 

Mr.  Riner  called  for  the  yeas  and  nays  on  the  question 
to  adopt  the  amendment. 

Seconded  by  two  members. 

Pending  the  question,  on  motion  of  Mr.  Campbell,  sup- 
ported by  five  members,  a  call  of  the  house  was  ordered 

The  president  instructed  the  sergeant-at-arms  to  close  the 
doors. 

On  motion  of  Mr.  Riner  further  proceedings  under  the  call 
of  the  house  were  dispensed  with. 

The  yeas  and  nays  on  the  question  of  adopting  Mr.  Tesche- 
macher's  proposed  amendment  of  Rule  No.  51,  resulted  as 
follows : 

Yeas  18:  Nays  1.9;  Absent  11. 

The  president  thereupon  announced  that  a  majority  of  the 
convention  having  not  voted  in  the  affirmative,  the  motion  to 
amend  the  rules  was  lost. 

On  motion  of  Mr,  Fox,  the  convention  stood  in  recess  until 
two  o'clock  p.  in. 


AFTERNOON  SESSION. 

The  convention  re-assembled  at  two  o'clock  p.  m. 
Mr.  President  in  the  chair. 

The  president  presented  the  following  communication  from, 
the  Hon.  Delegate  in  Congress  from  Wyoming  Territory: 


40  CONSTITUTIONAL  CONVENTION. 

Cheyenne,  Wyoming,  Sept.  9,  1889. 
Hon.  M.  C.  Brown, 

President  Constitutional  Convention, 

( .-heyenne,  Wyoming. 

Sir: — For  the  distinguished  honor  conferred  in  tendering 
to  me  the  privileges  of  the  floor  of  the  convention,  I  desire 
to  express  my  hearty  thanks. 

Tin.*  first  Constitutional  Convention  of  Wyoming,  I  be- 
lieve, v/ill  form  a  constitution  which  will  be  approved  by  fill 
its  members,  ratified  by  the  people,  and  accepted  by  congress 
as  the  fundamental  law  of  a  new  state. 

Very  respectfully, 

Your  obedient  servent, 

JOSEPH  M.  CAREY. 

REPORTS  OF  STANDING  COMMITTEES. 

Mr.  Johnston,  of  Committee  No,  8,  made  the  following  re- 
port which  was  adopted  and  the  accompanying  proposition 
ordered  printed. 

Cheyenne,  September  10,  1889. 
Mr.  President: 

Your  Committee  No.  8,  submit  herewith  a  proposition  on 
"Irrigation  and  Water  Rights,"  and  recommend  that  the  same 
be  Drill  ted  for  the  information  of  the  convention. 

el".  A.  JOHNSTON,  Chairman. 

Committee  No.  1.2  reported  as  follows: 

Committee  No.  12.  On  County,  City  and  Town  Organi- 
zations. 

September  10th,  1889. 
Mr.  1 'resident* 

Your  committee  having  under  consideration  File  No.  11,  re- 
turn the  same  with  the  recommendation  that  it  do  not  pass, 
and  submit  herewith  a  substitute  entitled  Municipal  Corpora- 
tions which  we  recommend  for  incorporating  in  the  constitu- 
tion. 

Your  committee  apprehend  that  a  large  portion  of  File  No. 
11  was  inadvertantly  referred  to  us,  as  it  refers  to  corpora- 
tions other  than  municipal,  we  therefore  recommend  that  all 
of  said  file  except  the  first  section  be  referred  to  Committee 
No.  13,  on  corporations. 

CHAS.  H.  BUKKITT, 
JONATHAN  JONES, 
GKO.  W.  FOX, 
A.  C.  CAMPBELL, 
J.  A.  RINER. 

On  motion  of  Mr.  Elliott  the  report  of  Committee  No.  12 
was  adopted,  the  substitute  submitted  by  the  committee,  ord- 


JOURNAL  4! 

*ered  printed  and  File  No.  11,  excepting  Sec.  1,  referred  to  Com- 
mittee No.  13.  Committee  No.  12  submitted  a  majority  and 
minority  report  on  Files  No.  19  and  22,  which  on  motion  were 
accepted. 

The  special  committee  on  ways  and  means  made  the  fol- 
lowing report: 

Wyoming  Constitutional   Convention. 

Final  Report  of  Temporary  Committee  on  Ways  and  Means. 
Cheyenne,  Wyoming,  Sept.  10,  1889. 

To  the  President  of  the  Wyoming  Constitutional  Convention, 
Cheyenne,  Wyoming, 

Sir: — Your  committee  having  had  under  consideration  the 
•questions  which  were  referred  to  them,  viz:  The  compensa- 
tion of  the  employees  of  the  convention,  the  advisability  of 
employing  a  stenographer,  and  the  ways  and  means  of  raising 
the  funds  to  meet  the  necessary  cash  expenditures  of  the  con- 
vention, beg  leave  to  submit  the  following  final  report: 

As  already  suggested  your  committee  recommends  that  the 
compensation  of  the  employes  of  the  convention,  be  fixed  as 
nearly  as  possible  at  the  same  rates  as  those  paid  for  similar 
service  to  the  employes  of  the  Tenth  Legislative  Assembly  of 
Wyoming.  And  that  the  president  and  secretary  of  the  con- 
vention be  authorized  to  issue  to  the  said  employes  certificates 
showing  the  amount  of  service  rendered  and  the  amount  due 
them,  said  certificates  to  be  accepted  by  the  employes  subject 
to  any  action  that -the  legislature  of  Wyoming  or  the  congress 
of  The  United  States,  may  take  in  reference  to  paying  the 
expenses  of  this  convention.  We  find  that  the  rates  of  com- 
pensation as  suggested  above  applied  to  the  employes  of  this 
convention,  would  be  as  follows,  to-wit: 

Two  assistant  secretaries  at  five  dollars  per  day  each. 

One  Sergeant-at-Arms,  at  five  dollars  per  day. 

One  dookeeper  or  watchman  at  four  dollars  per  day. 

One  chaplain  at  one  dollar  and  fifty  cents  per  day. 

Two  pages  or  messengers  at  two  dollars  per  day. 

A  contract  has  been  made  with  the  Cheyenne  Daily  Sun, 
by  another  committee,  by  which  it  is  provided  that  no  cash 
payment  shall  be  made,  and  we  therefore  suggest  that  certi- 
ficates, similar  to  those  mentioned,  be  issued  to  the  editor  of 
the  Cheyenne  Sun. 

The  convention  has  already  taken  action  in  reference  to 
stenographer. 

Your  committee  estimates  that  there  will  be  required  not 
to  exceed  $700.00  in  cash  for  the  payment  of  stenographic 
report,  for  the  tables,  stationery  and  supplies  provided  by 
the  secretary  of  the  territory,  previous  to  the  meeting  of  the 
convention.  To  meet  this  demand  a  loan  has  been  made,  by 
.subscription,  from  certain  citizens  of  Cheyenne,  on  condition 


42  CONSTITUTIONAL  CONVENTION. 

that  certificates  be  issued  to  them  showing  the  amount  sub- 
scribed. 

A  form  of  certificate  is  submitted  herewith,  and  it  is  recom- 
mended that  authority  for  their  issue  be  given,  on  receipt  by 
the  secretary  of  the  convention,  of  their  par  value  from  the 
subscribers  and  that  the  funds  so  received  be  paid  by  the  sec- 
retary of  the  convention  to  the  secretary  of  Wyoming  territory, 
who  shal  be  requested  to  pay  the  same  out  on  the  properly 
audited  vouchers  of  the  convention. 

Your  committee  having  completed  the  labors  assigned  to 
it  to  the  best  of  its  ability,  now  ask  to  be  discharged,  and  that 
the  matter  of  carrying  out  the  details  of  the  plan  proposed,  be 
referred  to  the  proper  standing  committee. 

Very  Respectfully, 

HENRY  G.  HAY,   Chairman. 
H.  G.  NICKERSON,  Secretary. 

FORM  OF  CERTIFICATE. 

No | 

WYOMING  CONSTITUTIONAL  CONVENTION. 

Cheyenne,  Wyo.,  September. . .  .,  1889. 

This  is  to  certify  that  (blank)  this  blank  to  be  filled  to  show 
the  name  of  the  party  to  whom  issued,  the  service  rendered, 

and  the  amount  due 

Dollars. 

And  that  this  certificate  is  issued  by  authorit}^  of  the  Consti- 
tutional Convention  of  Wyoming,  subject  to  such  action  as  the 
Legislature  of  Wyoming,  or  the  Congress  of  the  U  S.  may  make 
in  reference  to  the  payment  of  the  expenses  of  the  said  con- 
vention. 

President. 

Secretary. 


On  motion  of  Mr.  Potter  the  foregoing  report  of  the  com- 
mittee on  ways  and  means  was  adopted  and  the  committee  dis- 
charged. 

On  motion  of  Mr.  Smith  the  resolutions  offered  by  Mr. 
Hoyt  were  laid  over  until  the  next  session. 

Mi'.  Hay  offered  the  following  resolution  which  was  adopted 
by  a  unanimous  vote : 

Resolved,  That  the  president  and  secretary  of  this  conven- 
tion are  hereby  authorized  to  issue  certificates,  in  the  form, 
and  for  the  purposes,  proposed  in  the  report  of  the  temporary 
committee  on  ways  and  means  of  September  10th,  and  that 
the  proceeds  derived  from  the  sale  of  any  of  such  certificates 
as  may  be  sold  shall  be  paid  to  tin*  sec-rotary  of  the  territory.. 


JOURNAL.  43 

to  be  disbursed  by  him  on  the  properly  audited  vouchers  of 
the  convention.  Also  that  the  certificates  issued  for  the  pay- 
ment of  the  employes,  and  for  printing  and  be  delivered  to  the 
'secretary  of  the  territory  to  be  paid  out  to  the  proper  parties, 
and  that  the  secretary  of  the  territory  be  requested  to  keep 
a  record  of  his  receipts  and  disbursements,  on  this  account, 
for  future  reference. 

Provided,  That  no  certificate  shall  be  issued,  in  excess  of 
the  amount  or  for  any  other  purpose  than  those  suggested  in 
the  report  of  the  ways  and  means  committee,  without  the 
further  authority  of  this  convention. 

Mr.  Fox  submitted  the  following  resolution,  which  was 
adopted: 

Resolved,  That  a  committee  of  three  be  appointed  by  the 
chair  to  inspect  from  tune  to  time  the  work  performed  by  the 
stenographic  reporter  so  far  as  the  report  is  completed  in 
type  written  manuscript,  the  approval  of  the  report  by  said 
committee  shall  entitle  the  stenographer  to  the  payment  of 
the  fees  ae  designated  in  the  report  of  the  committee  on  ways 
and  means  and  adopted  by  the  convention. 

Mr.  Pox  moved  that  the  convention  go  into  committee  of 
the  whole. 

Lost  on  a  rising  vote. 

On  motion  of  Mr.  Baxter  the  majority  and  minority  re- 
ports of  Committee  No.  12,  on  files  No.  19  and  22  were  ordered 
printed. 

Messrs.  Elliott  and  Preston  wrere  excused  for  the  day. 

On  motion  of  Mr.  Campbell  the  convention  adjourned  until' 
ten  o'clock  a.  m.,  Sept.  llth. 

M.  C.  BROWN,  President  Convention. 
Attest:     JOHN  K.  JEFFREY,  Secretary. 


NINTH  DAY. 

HALL  OF  THE  CONSTITUTIONAL  CONVENTION, 

CAPFIOL  BUILDING, 
Cheyenne,  Wyo.,  Sept.  n,  1889. 

The  convention  was  called  to  order  at  ten  o'clock  a.  in. 

Mr.  President  in  the  chair. 

Braver  oy  the  chaplain. 

Roll  call:  40  members  present,  absent  members  hereto- 
fore excused  by  the  convention.  Journal  of  previous  session 
read  and  approved. 

Mr.  DeForest  Richards,  delegate  elect  from  Converse  coun- 
ty, appeared  on  the  floor  of  the  convention,  and  the  oath  of 


^4  CONSTITUTIONAL  CONVENTION. 

office  was  administered  to  him  by  Justice  of  the  Peace  W.  P. 
Carroll. 

PROPOSITIONS. 

The  following  propositions  were  read  first  time  and  re- 
ferred : 

File  No.  59.     By  Mr.  Fox. 

"Qualifications  to  Office." 

Referred  to  Committee  No.  7. 
File  No.  60.     By  Mr.  Fox. 
''Federal  delations/' 

Referred  to  Committee  No.  16. 
File  No.  61.     By  Mr.  Campbell. 

"'Incorporations  of  Cities,  Towns  and  Counties." 

Referred  to  Committee  No.  15. 
File  No.  62.     By  Mr.  Morgan. 
' 'Legislative  Depa rtment . " 

Referred  to  Committee  No.  2. 
File  No.  63.     By.  Mr.  Grant. 
"Revenue." 

Referred  to  Committee  No.  11. 
File  No.  64.     By  Mr.  Morgan. 
"General  Oath  of  Office." 

Referred  to  Committee  No.  5. 
File  No.  65.     By  Mr.  McCandlish. 
"Salaries  of  County  Officers." 

Referred  to  Committee  No.  15. 

REPORTS  OF  STANDING  COMMITTEES. 

Committee  No.  5  reported  as  follows: 

Cheyenne,  Wyo.,   Sept.   llth,   1889. 
Mr.  President: 

Your  Committee  No.  5,  having  under  consideration  File 
No.  18,  beg  leave  to  return  the  same  with  the  recommendation 
that  it  be  re-referred  to  Committee  No.  3  on  executive  de- 
partment. 

JOHN  K.   JEFFREY,   Chairman. 

On  motion  of  Mr.  Jeffrey  File  No.  18  was  referred  to  com- 
mittee No.  3. 

Committee  No.  18  submitted  the  following  report: 
To  the  Chairman  of  the  Constitutional  Convention,  Wyoming: 

Sir: — Your  Committee  No.  18  on  Schedule,  Future  Amend- 
ments and  Miscellaneous  Matters,  report  as  follows: 

That  File  No.  46,   concerning  the  distribution  of  powers, 

be  and  is  returned  to  your  body  with  the  recommendation  that 

it  become  a  part  of  the  constitution  of  the  state  of  Wyoming. 

That  File  No.  13  be  and  is  referred  back  to  your  body 

with  the  recommendation  that  it  do  not  pass,  and  your  com- 


JOURNAL 


45 


mil  tee  propose  a  substitute  therefor  with  the  recommenda- 
tion that  said  substitute  become  a  part  of  the  constitution 
for  the  state  of  Wyoming,  under  the  title  of  "Amendments," 

L.  J.  PALMER,  Chairman. 

On  motion  of  Mr.  Irvine  File  No.  46,  and  substitute  for 
File  No.  13  reported  by  Committee  No.  18,  were  ordered 
printed. 

RESOLUTIONS. 

The  following  resolution  offered  by  Mr.  Hoyt  Sept.  7th  and 
as  amended  by  Mr.  Jeffrey  was  adopted. 

Whereas,  It  has  been  determined  that  a  full  record  shall 
be  made  of  the  proceedings  of  this  convention,  with  a  view 
to  its  publication,  and  whereas  it  is  desirable  that  such  record 
be  so  prefaced  as  to  show  the  successive  official  acts  in  which 
the  convention  had  origin  in  order  that  such  acts  may  be- 
come a  permanent  part  of  its  history,  therefore, 

Resolved.  That  the  standing  committee  on  printing  and 
publication  is  hereby  instructed  to  embrace  in  the  volume  of 
proceedings  to  be  so  published,  and  as  introductory  thereto,  the 
following  official  papers,  to- wit: 

1.  The  memorial  of  the  Tenth  Legislative  Assembly,  re- 
questing of  congress  such  legislation  as  will  enable  the  people 
of  Wyoming  to  form  a  constitution  and  state  gOATernment. 

2D.     THE  RESOLUTIONS  ADOPTED  BY  THE  SEVERAL 
BOARDS  OF  COUNTY  COMMISSIONERS. 

"Whereas,  This  board  of  county  commissioners  is  satis- 
fied, by  an  examination  of  senate  bill  No.  2,445,  as  unanimously 
and  favorably  reported  to  the  United  States  senate  by  the 
committee  on  territories,  that  its  provisions  are  absolutely 
fair  for  all  sections  of  the  territory  of  Wyoming,  and 

Whereas,  The  board  is  satisfied  that  there  should  be  im- 
mediate action,  as  there  would  be  greater  probability  of  suc- 
cess by  literally  and  speedily  following  the  provisions  of  this 
bill;  therefore  be  it 

Resolved,  That  this  board  pledges  itself  to  put  in  operation 
the  election  machinery  under  the  laws  of  the  territory  for 
the  election  of  delegates  to  a  constitutional  convention,  and  the 
submission  of  such  constitution  as  may  be  presented  by  the 
said  convention  to  the  people  of  this  county  for  ratification 
or  rejection,  if  the  governor,  chief  justice  (ind  secretary  of 
the  territory  shall  in  their  wisdom  see  fit  to  take  the  initiatory 
steps  under  the  provisions  of  said  senate  bill  for  calling  into 
existence  a  constitutional  convention. 

Resolved.  That  the  chairman  of  this  board  be  instructed 
to  present  copies  of  this  resolution  to  the  governor,  chief  jus- 
tice and  secretary,  with  the  request  that  if  other  counties 


46 


CONSTITUTIONAL  CONVENTION. 


of  the  territory  make  similar  requests  they  shall  divide  the 
territory  into  districts,  apportion  the  number  of  delegates  to 
the  several  districts  or  counties,  and  do  such  other  acts  as  may 
be  necessary  for  the  convening  of  such  constitutional  con- 
vention in  the  manner  and  form  as  is  provided  by  the  terms 
of  said  senate  bill" 

3.  The  certificate  of  the  governor,  chief  justice  and  sec- 
retary of  the  territory,  setting  forth  their  apportionment  of 
the  number  of  delegates  to  said  convention  among  the  sev- 
eral districts  of  the  territory  dated  Junte  3rd,  1889. 

4.  The  proclamation  of  the  governor  dated  June  3rd,  1889, 
directing  an  election  throughout  the  territory  for  the*  choice 
of  delegates  to  a  constitutonal  conventon  to  form  at  Cheyenne 
on  the  first  Monday  of  September,  1889,  for  the  purpose  of 
framing  a  constitution  for  the  state  of  Wyoming. 

The  following  resolution  submitted  by  Mr.  Hoyt,  relating 
to  constitutional  provisions,  was  on  motion  of  Mr.  Burritt 
adopted : 

Kesolved,  That  the  constitution  for  Wyoming  to  be  sub- 
mitted to  the  people  for  their  adoption  or  rejection,  should 
be  as  comprehensive  and  general  in  its  provisions  as  shall 
be  consistent  with  definiteness  of  purpose,  and  that  in  tke 
drafting  of  provisions  there  should  be  the  avoidance  of  details 
which  may  be  safely  left  to  future  legislation,  to  the  end  that 
with  every  necessary  safeguard  for  interests  general  and  vital, 
there  may  also  be  the  freedom  essential  to  a  great  and  grow- 
ing people  in  a  rapidly  advancing  age. 

On  motion  of  Mr.  Jeffrey  Committee  No.  1  was  requested 
to  report  back  the  resolution  relattng  to  the  adoption  of  the 
constitution  of  the  United  States. 

Mr.  Campbell  moved  the  following  resolution,  which  was 
adopted : 

Kesolved,  That  the  following  telegram  be  forwarded  to  Mrs. 
S.  S.  Cox,  New  York  City: 

In  the  death  of  your  distinguished  husband  we  recognize 
the  loss  of  an  earnest  and  able  advocate  for  our  admission 
as  a  state.  Permit  us  to  extend  our  sympathies  in  this,  your 
"hour  of  affliction. 

The  president  announced  the  following  special  committee 
on  stenographic  report: 

Messrs.  Fox,  Jeffrey  and  Baxter, 

Mr.  Holden  offered  the  following  resolution,  which  was 
adopted : 

Resolved,  That  there  be  added  to  the  committee  appointed 
by  this  convention  to  meet  and  confer  with  the  United  States 
senatorial  committee  on  arid  lands  which  is  expected  to  visit 
this  city  in  the  near  future : 

1.     Hon.  M.  C.  Brown,  president  of  this  convention. 


JOURNAL 


47 


2.  That  Hon.  Joseph  M.  Carey,  delegate  to  congress,  be 
requested  to  act  in  conjunction  with  said  special  committee 
and  that  the  secretary  of  this  convention  be  instructed  to 
notify  him  in  writing  of  such  request. 

3.  That  the  secretary  be  instructed  to  notify  his  excellency, 
Governor  Warren,  of  the  action  of  this  convention  upon  the 
communication  from  the  said  senatorial   committee,   submit- 
ted to  the  convention  by  him. 

Mr.  Irvine,  on  behalf  of  the  delegation  from  Converse  coun- 
ty, designated  Mr.  DeForest  Bifchards,  as  member  of  the  spe- 
cial committee  to  meet  the  United  States  senate  committee 
on  irrigation. 

The  convention  stood  in  recess  until  two  o'clock  D.  m. 


AFTERNOON  SESSION. 

The  convention  reassembled  at  two  o'clock  p.  m. 

The  president  in  the  chair. 

Mr.  Baxter  of  Committee  No.  1,  in  accordance  with  the 
request  of  the  convention,  reported  back  the  resolution  offered 
by  Mr.  Jeffrey. 

On  motion  the  resolution  was  referred  to  Committee  No.  20. 

Mr.  Organ  of  Committee  No.  20  made  the  following  re- 
pert. 

Cheyenne,  Sept,  11,  1889. 
Mr.  President: 

Yoar  Committee  No.  20,  to  whom  was  referred  the  resolu- 
tion of  Mr.  Jeffrey,  concerning  the  adoption  of  the  constitu- 
tion of  the  United  States  by  this  convention,  beg  leav*  to 
report  that  we  return  said  resolution  to  the  convention  togeth- 
er with  a  substitute  therefor,  and  that  we  recommend  the 
adoption  of  the  substitute. 

Bespectfully, 
C.  P.  OBGAN,  Acting  Chairman. 

The  convention  stood  in  recess  until  three  o'clock. 

On  reassembling,  by  general  consent,  the  report  of  Com- 
mittee No.  20  in  relation  to  the  resolution  adopting  the  con- 
stitution of  the  United  States,  was  placed  first  on  the  gen- 
eral file. 

Mr.  Palmer,  of  Committee  No.  18,  made  a  report  which 
was  ordered  printed. 

Committee  No.  6  obtained  leave  to  sit  during  the  present 
session  of  the  convention. 


4.3  CONSTITUTIONAL  CONVENTION 

v 

On  motion  of  Mr.  Potter  the  convention  went  into  com- 
mittee of  the  whole. 

Mr.  Organ  in  the  chair. 

When  the  committee  arose  it  made  the  following  report : 
Mr.  President: 

Your  committee  of  the  whole  having  had  under  consider 
ation  the  general  file,  beg  leave  to  report  with  the  following 
recommendations : 

That  the  substitute  resolution  submitted  by  Committee 
No.  20,  in  relation  to  the  adoption  of  the  constitution  of  the 
United  States  be  adopted. 

That  File  No.  58  be  amended  as  follows: 
Amend  Sec.  1  by  striking  out  all  after  the  word  "class"  in 
the  fifth  line. 

Amend  Sec.  2  of  said  file  by  striking  out  the  words  "accord- 
ing to  law"  and  inserting  in  lieu  of  the  words  "in  the  manner 
and  under  such  regulations  as  may  pe  prescribed  by  law." 

Amend  Sec.  3  by  adding  "except  in  the  event  that  money 
so  raised  shall  not  be  required  or  needed  for  the  purpose  for 
which  the  same  was  raised." 
Amend  by  adding  Sec.  5. 

Municipal  corporations  shall  have  the  same  right  as  in- 
dividuals to  acquire  rights  by  prior  appropriation  and  other- 
wise to  the  use  of  water  for  domestic  and  municipal  purposes, 
and  the  legislature  shall  provide  by  law,  for  the  exercise  upon 
the  part  of  incorporated  cities,  towns  and  villages  of  the  right 
of  eminent  domain  for  the  purpose  of  acquiring  from  prior 
appropriators,  upon  the  payment  of  just  compensation,  such 
water  as  nfay  be  necessary  for  the  well  being  thereof,  and  for 
domestic  uses. 

A  ud  that  as  amended,  File  No.  58,  be  embodied  in  the  con- 
stitution. 

C.  P.  ORGAN,  Chairman. 

On  motion  the  report  of  the  committee  of  the  whole  was 
received  and  placed  on  file. 

The  convention  ordered  final  reading  of  the  resolution  adopt- 
ing the  constitution  of  the  United  States. 

The  yeas  and  nays  on  the  adoption  of  the  resolution,  re- 
sulted as  follows: 
Yeas,  Messrs. 

Barrow,  Elliott, 

1  iaxter,  Ferris, 

Biirdiek,  Foole, 

Burritt,  Fox, 

Campbell,  Frank, 

Casebeer,  Grant, 

Chaplin,  Hay, 

Coffeen,  Harvey, 

Conaway,  If  olden. 


JOURNAL.  49 

- 

Hoyt,  Potter, 

Irvine,  Preston, 

Jeffrey,  Eeid, 

Jones,  Richards, 

Johnston,  Iliner, 

Menough,  Russell, 

Morgan,  Scott, 

Morris,  Smith, 

McCandlish,  Sutherland, 

Organ,  Teschetiuicher, 

Palmer,  Mr.  President — 40. 

Nays — None. 

Absent — Messrs.  Baldwin,  Butler,  Clark,  Downey,  Hop- 
kins, Knight,  Me  Gill,  Nicker  son,  Vagner — 9. 

Thereupon  the  president  announced  that  the  convention 
had  passed  the  resolution  adopting  the  constitution  of  the 
United  States. 

On  motion  of  Mr,  Burritt  the  further  consideration  of  File 
No.  58  was  postponed  until  the  next  session. 

Committee  No.  5  by  general  consent  made  the  following 
report : 

Cheyenne,  Wyo.,  Sept.  11,  1889. 
Mr.  President: 

Your  Committee  No.  5  having  had  .under  consideration  files 
numbered  16,  25,  29,  32,  39  and  47,  return  the  same  with  an 
article  entitled  "Suffrage"  containing  such  portions  of  said 
files  as  your  committee  deem  desirable,  which  article  we 
recommend  as  a  substitute  to  be  incorporated  in  the  consti- 
tution. 

Also,  having  had  under  consideration  File  No.  49,  return  the 
same  herewith  without  our  approval. 

On  motion  of  Mr.  Jeffrey  the  report  wTas  accepted  and 
ordered  printed. 

On  motion  of  Mr.  Organ  the  convention  adjourned  till  ten 
o'clock  Sept,  12th. 

M.  C.  BROWN,  President  Convention. 
Attest:     JOHN  K.  JEFFREY,  Secretary. 


TENTH  DAY. 

HALL  OF  THE  CONSTITUTIONAL  CONVENTION, 

CAPFIOL  BUILDING, 

Cheyenne,  Wyo.,  Sept.  12,  1889. 

The  convention  was  called  to  order  at  teji  o'clock  a.  m. 
Mr.  President  in  the  chair. 
4 — 


^o  CONSTITUTIONAL  CONVENTION. 

* 

Prayer  by  the  chaplain. 

Roll  call :  30  members  present,  absent  members  heretofore 
excused  by  the  convention. 

Journal  of  previous  session  read  and  approved. 

The  president  announced  that  owing  to  the  absence  of  Mr. 
Thos.  H.  Moore  of  Crook  county,  he  had  appointed  in  his  place 
on  Committee  No.  2,  Mr.  Frank  of  Crook  county,  and  on  Com- 
mittee No.  3,  Mr.  Eichards  of  Converse. 

Mr.  Organ  was  excused  for  the  day. 

Mr.  Baxter  moved  a  suspension  of  the  rules  for  the  pur- 
pose of  electing  an  enrolling  and  engrossing  clerk. 

The  rules  were  suspended. 

On  motion  of  Mr.  Baxter  the  convention  proceeded  to  the 
election  of  an  enrolling  and  engrossing  clerk,  upon  the  same 
terms  and  conditions  as  governed  the  election  of  the  assistant 
scretaries. 

Mr.  Baxter  nominated  for  the  position  Mrs  F.Olleroiishavv. 

There  being  no  other  nominations,  Mrs.  Ollerenshaw,  on 
motion  wjs  declared  elected  engrossing  and  enrolling  clerk  by 
acclamation. 

On  motion  of  Mr.  Frank,  Mr.  Scott  of  Crook,  was  excused 
from  attendance  for  ten  days. 

PROPOSITIONS. 

The  following  propositions  were  read  first  tune  and  re- 
ferred : 

File  No.  66.     By  Mr.  Eeid. 

"Concerning  Chinese  Labor." 

Referred  to  Committee  No.  10. 
File  No.  67.     By  Mr.  Harvey. 
"Ordinances." 

Referred  to  Committee  No.  20. 

FINAL  READING. 

File  No.  58  with  amendments  recommended  by  the  com- 
mittee of  the  wrhole,  w;is  taken  up  on  final  reading. 

The  amendments  recommended  by  the  committee  to  sec- 
tions 1  and  2,  were,  on  motion,  adopted. 

Mr.  Potter  moved  to  amend  the  amendment  recommended 
to  Section  3  by  substituting  in  its  stead  the  wrords  "except  by 
authority  of  law."  Agreed  to. 

The  substitute  amending  Section  3  was  then  adopted. 

The  amendment  adding  Section  5  was  adopted. 

On  motion  of  Mr.  Burritt,  Section  3  of  File  No.  58,  was 
further  amended  by  striking  out  all  after  the  Avord  "law"  in 
the  fifth  line. 

Mr.  Campbell  moved  the  previous  question;  sustained  by 
five  members. 


JOURNAL.  5I 

The  convention  then  ordered  the  final  reading  of  File  No. 
58  as  amended. 

Mr.  Potter  moved  the  final  reading  and  adoption  of  the 
proposition  in  File  No.  58,  by  sections. 
Motion  declared  out  of  order. 

Mr.  Potter  appealed  from  the  decision  of  the  chair. 
The  decision  of  the  chair  was  sustained  by  a  rising  vote. 
The  yeas  and  nays  on  the  adoption  of  File  No.  58  resulted 
.as  follows: 

Yeas,  Messrs. 

Baldwin,  Irvine, 

Barrow,  Jeffrey, 

Baxter,  Johnston, 

Burdick,  Menough, 

Campbell,  Morris, 

Chaplin,  Nickerson, 

Conaway,  Potter, 

Elliott,  Preston, 

Ferris,  Eeid, 

Foote,  Richards, 

Tox,  Riner, 

Frank,  Russell, 

Hay,  Smith, 

Harvey,  Teschemacher, 

If  olden,  Mr.  President— 30. 

Nays — Messrs.  Burritt,  Casebeer,  Coffeen,  Grant,  Jones, 
Morgan,  McGandlish,  Palmer,  Sutherland — 9. 

Absent — Messrs.  Butler,  Clark,  Downey,  Hopkins,  Hoyt, 
Knight,  McGill,  Organ,  Scott,  Vagner — 10. 

Thereupon  the  president  announced  that  the  convention 
had  adopted  the  proposition  in  File  No.  58,  as  amended,  to  be 
embodied  in  the  constitution. 

Mr.  Teschemacher  moved  to  reconsider  the  vote  by  which 
File  No.  58  was  adopted. 

The  yeas  and  nays  on  the  question  to  reconsider  resulted 
as  follows: 

Ayes — Messrs.   Baldwin,   Barrow,   Burdick,   Burritt,   Case- 
' beer,  Coffeen,  Conaway,  Ferris,  Grant,  Irvine,  Jones,  Morgan, 
McCandlish,   Palmer,   Richards,   Russell,    Sutherland,    Tesche- 
macher— 1 8. 

Nays — Messrs.  Baxter,  Campbell,  Chaplin,  Elliott,  Foote, 
Fox,  Frank,  Hay,  Harvey,  Holden,  Jeffrey,  Johnston,  Menougb, 
Morris,  Nickerson,  Potter,  Preston,  Reid,  Riner,  Smith,  Mr. 
President — 21. 

Absent — Messrs.  Butler,  Clark,  Downey,  Hopkins,  Hoyt, 
Knight,  McGill,  Organ,  Scott,  Vagner— 10. 

Thereupon  the  president  announced  that  the  convention 
had  refused  to  reconsider  the  vote  by  which  the  proposition 
in  File  No.  58  had  been  adopted. 


2 2  CONSTITUTIONAL  CONVENTION. 

On  motion  of  Mr.   Riner  the   convention   stood  in  recess 
until  2:30  o'clock  p.  m. 


AFTERNOON  SESSION. 

The  convention  reassembled  at  2:30  o'clock  p.  m. 

The  president  in  the  chair. 

File  No.  58,  and  the  resolution  adopting  the  constitution  of 
the  United  States,  were  referred  to  the  committee  on  revision. 

Mr.  Potter  gave  the  following  notice: 

Cheyenne,  Sept.  12,  1889, 
Mr.  President: 

T  hereby  give  notice  that  on  to-morrow  or  some  subsequent 
day,  I  shall  offer  an  amendment  to  the  rules  of  the  conven- 
tion by  adding  to  section  55  "When  any  proposition  which 
is  before  the  convention  for  final  adoption  consists  of  several 
sections,  any  member  shall  have  the  right  to  demand  that  a 
particular  section  shall  be  submitted  to  the  convention  and 
voted  on  separately. 

C.   N.   POTTER. 

On  motion  of  Mr.  Baxter  the  convention  went  into  com- 
mittee of  the  whole  for  the  consideration  of  the  general  file, 
.     Mr.  Smith  in  the  chair. 

When  the  committee  arose  it  submitted  the  following  re- 
port: 

Cheyenne,   Sept.   12,   1889. 
Mr.  President: 

Your  committee  of  the  whole  having  had  under  consider- 
ation the  general  file,  beg  leave  to  report  with  the  following 
recommendations : 

That  File  No.  57  be  amended  as  follows: 

Amend  Sec.  1  by  striking  out  the  words  "not  heretofore 
appropriated"  in  the  second  line  of  said  section,  and  by  in- 
serting in  the  third  line  between  the  words  "to"  and  "appro- 
priation" the  words  "prior  or  future." 

That  amendment  offered  by  Mr.  Fox  be  referred  to  the 
committee  on  irrigation. 

That  File  No.  57  as  amended  be  re-referred  to  Coifunittee 
No.  8. 

That  substitutes  for  Files  19  and  22  submitted  by  Com- 
mittee No.  12,  be  amended  in  Sec.  2  by  striking  out  the  words 
"an  equal  or  greater"  and  inserting  in  lieu  thereof  the  words 
"at  least  three  millions  of  dollars  of  assessable." 

And  your  committee  not  having  finished  the  consideration 
of  said  file  reports  progress  and  asks  leave  to  sit  again. 

G.  C.  SMITH,  Chairman. 


JOURNAL. 


53 


On  motion  the  report  of  the  committee  of  the  whole  re- 
lating to  File  No.  57  was  adopted,  and  said  file  re-referred  to 
Committee  No.  8. 

The  convention  then  adjourned  until  10  o'clock  a.  m.  Sept. 
13th. 

M.  C.  BROWN,  Pres.  Con. 
Attest:       JOHN  K.  JEFFREY,  Secretary  Const.  Con. 


ELEVENTH   DAY 

HALL  OF  CONSTITUTIONAL  CONVENTION,  \ 

CAPITOL  BUILDING,  > 

Cheyenne,  Wyo.,  Sept.  13,  1889,  ) 

The  convention  was  called  to  order  at  ten  o'clock  a.  m. 
Mr.  President  in  the  chair. 
Prayer  by  the  chaplain. 

Koll  call:  40  members  present,  absent  members  hereto- 
fore excused  by  the  convention. 

Journal  of  previous  session  read  and  approved. 

The  president  submitted  the  following  communication: 

Laramie,  Wyoming,  Sept.  10,  1889. 
Hon.  M.  C.  Brown, 

President  Wyoming  Constitutional  Convention, 

Cheyenne,  Wyo. 

Dear  Sir: — I  acknowledge  the  receipt  of  a  communication 
from  the  secretary  of  the  constitutional  convention  inform- 
ing me  that  toy  a  vote  of  that  body  I  have  been  tendered  the 
privilege  of  the  floor. 

I  thank  the  members  for  their  courtesy. 

I  am  very  respectfully, 

M.  C.  SAUFLEY. 

On  motion  of  Mr.  Campbell  File;  No.  68,  by  Committee  No. 
5,  "Concerning  Suffrage,"  was  made  the  special  order  for  Tues- 
day, Sept.  17. 

PROPOSITIONS. 

The  following  propositions  were  read  first  time  and  re- 
ferred : 

File  No.  69.     By  Mr.  McCandlish. 
"Concerning  Trusts." 

Referred  to  Committee  No.  14. 
File  No.  70.     By  Mr.  Jones. 

"Concerning  Contracts  of  Employes,  Etc." 
Referred  to  Committee  No.  10. 


54  CONSTITUTIONAL  CONVENTION. 

File  No.  71.     By  Mr.  Baxter. 
"Railroads.'" 

Referred  to  Committee  No.  14. 
File  No.  72.     By  Mr.  Baxter. 
"Corporations." 

Referred  to  Committee  No.  13. 
File  No.  73.     By  Mr.  Barrow. 

"Legislative  Apportionment." 

Referred  to  Committee  No.  6. 
File  No.  74.     By  Mr.  Hay. 

"Legislative  Apportionment." 

Referred  to  Committee  No.  6  and  ordered  printed. 
File  No.  75.     By  Mr.  Grant. 
"State  Boundaries." 

Referred  to  Committee  No.  6. 
Mr.  Baxter  gave  the  following  notice : 
Mr.  President: 

I  hereby  give  notice  that  on  to-morrow  or  some  subsequent 
day  I  shall  move  to  amend  rules  numbered  18  and  19 

O.  W.  BAXTER, 

REPORTS  OF  STANDING  COMMITTEES. 

Committee  No.  12  reported  as  follows: 

Cheyenne,  Wyo.,  Sept.  12,  1889. 
Mr.  President: 

Your  Committee  No.  12,  having  under  consideration  File 
No.  48,  return  the  same  without  our  approval.  The  substance 
of  this  file  has  been  already  considered  by  your  committe  and 
a  substitute  reported. 

CHAR.  H.  BITRRITT,  Chairman. 

On  motion  the  report  was  adopted  and  File  No.  48  was  in- 
definitely postponed. 

Committee  No.  6  made  a  report  submitting  a  substitute  for 
File  No.  1.4.  The  report  and  substitute  were  placed  on  general 
file. 

Committee  No.  10  reported  adversely  on  Files  No.  17  and 
40,  submitting  a  substitute  for  the  same.  Ordered  printed. 

On  motion  of  Mr.  Jeffrey  the  convention  went  into  commit- 
tee of  the  whole. 

Mr.  Riner  in  the  chair. 

When  the  committe  arose  it  reported  as  follows: 

Cheyenne,  Sept.  13,  18891. 
Mr.  President: 

Your  committee  of  the  whole  having  had  under  considera- 
tion the  general  file,  beg  leave  to  report  with  the  following  rec- 
ommendations: 

That  substitutes  for  Files  Nos.  19  and  22  be  further  amend- 
ed toy  adding  to  Sec.  2  the  following:  "No  county  shall  be  di- 
vided unless  a  majority  of  the  qualified  electors  of  the  territory 


JOURNAL.  55 

proposed  to  be  cut  off,  voting  on  the  proposition,  shall  vote  in 
favor  of  the  division." 

That  the  following  be  substitute  for  sections  4,  5  and  6 
of  the  majority  report  and  for  section  4  of  the  minority  report: 

Sec.  4.  The  legislative  assembly  shall  provide  by  general 
law  for  a  system  of  township  organizaton  and  government, 
which  may  be  adopted  by  any  county  whenever  a  majority  of 
the  citizens  thereof  voting  at  a  general  election  shall  so  de- 
termine. 

That  Sec.  7  be  re-numbered  Sec.  5,  and  that  the  words 
"and  township"  be  stricken  from  said  section. 

That  substitute  for  files  numbered  19  and  22  as  amended, 
Jbe  incorporated  in  the  constitution. 

And  your  committee  respectfully  reports  progress  and  asks 
leave  to  sit  again. 

J.  A.  RINER,  Chairman. 

On  motion  of  Mr.  Potter,  the  report  of  the  committee  of 
the  whole  was  adopted. 

Mr.  Teschemacher  of  the  committee  on  revision,  reported 
File  No.  58  properly  engrossed. 

On  motion  File  No.  58  was  re-referred  to  the  committee 
on  revision  to  be  embodied  in  the  constitution. 

Messrs.  Frank  and  Russell  were  excused  from  attendance 
from  day  to  day  until  their  return. 

Messrs.  Baxter  and  Baldwin  were  excused  from  attendance 
to-morrow. 

The  convention  then  stood  in  recess  until  two  o'clock  p.  m. 


AFTERNOON  SESSION. 

The  convention  re-assembled  at  two  o'clock  p.  m. 

Mr.  President  in  the  chair. 

On  motion  substitute  for  Files  No.  19  and  22  was  ordered 
engrossed. 

On  motion  of  Mr.  .leffrey,  the  convention  went  into  com- 
mittee of  the  whole. 

Mr.  Conaway  in  the  chair. 

When  the  committee  arose  it  reported  as  follows: 

Cheyenne,  Sept.  13,  1889. 
Mr.  President: 

Your  committee  of  the  whole  having  had  under  consid- 
eration the  general  file,  beg  leave  to  report  with  the  follow- 
ing recommendations: 

That  File  No.  46,  substitute  for  File  No.  13  arid  substitute 
for  File  No.  14,  be  adopted. 

A.  B.  CONAWAY,  Chairman. 


56  CONSTITUTIONAL  CONVENTION. 

On  motion  the  report  was  adopted. 

Mr.  Potter  moved  that  the  original  files  be  considered  en- 
grossed copies.  So  ordered. 

FINAL  READINGS. 

The  convention  ordered  the  final  reading  of  File  No.  4G, 
substitute  for  File  No.  13  and  substitute  for  File  No.  14. 

The  yeas  and  nays  on  the  adoption  of  File  No.  46,  resulted 
as  follows: 

Yeas— Messrs. 

Barrow,  Irvine, 

Baxter,  Jeffrey, 

Bur  dick,  Johnston, 

Casebeer,  Jones, 

Chaplin,  Morgan, 

Clark,  Morris, 

Coffeeii,  McCandlish, 

Conaway,  Nickerson, 

Elliott,  Potter, 

Ferris.  Preston, 

Foote,  Eeid, 

Fox,  Kichards, 

Grant,  Riner, 

Hay, .  Smith, 

Harvey,  Teschemacher, 

Holden,  Mr.  President— 33. 

Hoyt, 

Nays — none. 

Absent — Messrs.  Baldwin,  Butler,  Burritt,  Campbell  Dow- 
ney, Frank,  Hopkins,  Knight,  Menough,  McGill,  Organ,  Palmer, 
Russell,  Scott,  Sutherland,  Vagner. — 16. 

The  president  thereupon  announced  that  the  convention 
had  adopted  the  proposition  in  File  No.  46. 

Substitute  for  File  No.  1.3  having  been  finally  read  the  yeas 
and  nays  on  its  adoption  resulted  as  follows: 

Yeas — Messrs. 

Barrow,  Hay, 

Baxter,  Harvey, 

Burdick,  Holden, 

Casebeer,  Hoyt, 

Chaplin,  Irvine, 

Clark, .  Jeffrey, 

Coffeen,  Johnston, 

Coiiaway,  Jones, 

Elliott,  Morgan, 

Ferris,  Morris, 

Foote,  McCandlish, 

Fox,  Nickerson, 

Grant,  Potter, 


JOURNAL 


57 


Preston,  Smith, 

Reid,  Sutherland, 

Ri  chards,  Teschemacher, 

Einer,  Mr.  President. — 34. 

Nays — none. 

Absent — Messrs.  Baldwin,  Butler,  Burritt,  Campbell,  Dow- 
ney, Frank,  Hopkins,  Knight,  Menough,  McGill,  Organ,  Palmer, 
Russell,  Scott,  Vaguer. — 15. 

Thereupon  the  president  announced  that  the  convention 
had  adopted  the  proposition  in  substitution  for  File  No.  13. 

Substitute  for  File  No.  14,  having  been  finallv  read,  the 
.yeas  and  nays  on  its  adoption  resulted  as  follows: 
Yeas — Messrs. 

Barrow,  Fox, 

Baxter,  Grant, 

Burdick,  Hay, 

Burritt,  Harvey, 

Casebeer,  Hoi  den, 

Chaplin,  Hoyt, 

Coffeen,  Irvine, 

Conaway,  Jeffrey, 

Elliott,  Johnston, 

Ferris,  Jones, 

Foote,  Morgan, 

Morris,  Richards, 

McCandlish,  Riner, 

Nickerson,  Smith, 

Potter,  Sutherland, 

Preston,  Teschemacher, 

Reid,  .          Mr.  President. — 34. 

Nays — none. 

Absent — Messrs.  Baldwin,  Butler,  Burritt,  Campbell.  Dow- 
ney, Frank,  Hopkins,  Knight,  Menough,  McO-ill,  Organ,  Palmer, 
Ilussell,  Scott,  Vagner. — 15. 

The  president  thereupon  announced  that  the  convention 
had  adopted  the  proposition  in  substitute  for  File  No.  14. 

On  motion  the  foregoing  three  propositions  adopted  by  the 
convention  were  referred  to  Committee  No.  19. 

The  convention  excused  Mr.  Clark  until  his  return  next 
week. 

On  motion  the  convention  adjourned  until  ten  o'clock  a.  m. 
Sept.  14th. 

M.  C.  BROWN,  President. 
Attest:     JOHN  K.  JEFFREY,  Secretary  Const.  Con. 


58  CONSTITUTIONAL  CONVENTION. 


TWELFTH  DAY. 

HALT,  OF  THE  CONSTITUTIONAL  CONVENTION,  V 

CAPITOL  BUILDING,  > 
Cheytnne,  Wyo.,  Sept.  14,  1889.  V 

The  convention  was  called  to  order  at  ten  o'clock  a.  m. 

Mr.  President  in  the  chair. 

Prayer  by  the  chaplain. 

Roll  call;  33  members  present,  absent  members  heretofore- 
excused  by  the  convention. 

Journal  of  previous  session  read  and  approved. 

The  convention  excused  Messrs.  Menough  and  Palmer  from 
attendance  until  their  return  next  week. 

PROPOSITION. 

The  following  propositions  were  read  first  time  and  re- 
ferred : 

File  No.  77.     By  Mr.  Hay. 

"'Concerning  a  State  Examiner." 

Laid  on  the  table. 
File  No.  78.     By  Mr.  Hay. 

"Concerning  Live  Stock." 

Referred  to  Committee  No.  10. 
File  No.  79.     By  Mr.  Hay. 

"Concerning  Rights  of  the  People." 
Referred  to  Committee  No.  1. 
Committee  No.  2  reported  as  follows: 

REPORTS  OF  STANDING  COMMITTEES. 

Cheyenne,  Sept.  14,  1889. 
President  Wyoming  Constitutional  Convention: 

Sir: — Your  Committee  No.  2,  to  which  were  referred  Files 
No.  2,  30,  43  and  62,  report  the  same  back  with  a  recommenda- 
tion that  they  be  not  adopted.  Your  committee  also  present 
herewith  a  majority  and  minority  report  of  matter  proposed 
to  be  incorporated  in  the  constitution. 

E.  S.  N.  MORGAN,  Chairman. 
H.  S.  ELLIOTT,  Secretary. 

On  motion  the  report  was  accepted  and  the  propositions 
as  recommended  by  the  majority  and  minority  reports  ordered! 
printed. 

Committee  No.  1.6  made  the  following  report: 

Cheyenne,  Sept.  14,  18891 
Mr.  President: 

Your  committee  No.  16,  to  whom  were  referred  Files  No.. 
36-9,  have  had  the  same  under  consideration  and  refer  them* 


JOURNAL. 


59 


back  to  the  convention  and  offer  herewith  a  substitute  <MII- 
bracing  the  salient  features  of  said  files,  and  recommend  its 
adoption, 

H.  G.  NICKERSON,  Chairman. 

C.  P.  ORGAN, 

GEO.  W.  FOX. 

On  motion  the  substitute  for  Files  9  and  36,  submitted  by 
Committee  No.  10,  was  ordered  printed. 

Committee  No.  3  submitted  the  following  report: 

Cheyenne,  Sept.  14,  1889. 
Mr.  President: 

Your  committee  No.  3  beg  leave  to  report  the  substitute 
herewith  for  Files  No.  51  and  56  and  recommend  that  it  be 
adopted. 

J.  A.  RINER, 
THOMAS  R  REID, 
DeF.  RICHARDS, 
A.  L.  SUTHERLAND. 

On  motion  of  Mr.  Riner  the  substitutes  for  Files  No.  51  and 
56  were  ordered  printed. 

Mr.  Teschemacher,  of  Committee  No.  19,  reported  substi- 
tute for  Files  No.  19  and  22  properly  engrossed. 

FINAL  REAPING. 

The  convention  ordered  the  final  reading  of  substitute  for 
Files  No.  19  and  22. 

The  yeas  and  nays  on  the  adoption  of  the  proposition  in- 
said  substitute  resulted  as  follows: 

Yeas — Messrs.  Burdick,  Burritt,  Casebeer,  Coffeen,  Cona- 
way,  Elliott,  Ferris,  Foote,  Grant,  Holden,  Hoyt,  Irvine,  Jef- 
frey, Johnston,  Jones,  Morgan,  Morris,  McCandlish,  Nickerson, 
Organ,  Potter,  Reid,  Richards,  Riner,  Smith,  Teschemacher, 
Mr.  President. — 27. 

Nays — Messrs.  Fox  and  Sutherland. — 2. 

Absent — Messrs.  Baldwin,  Barrow,  Baxter,  Butler,  Camp- 
bell, Chaplin,  Clark,  Downey,  Frank,  Hay,  Harvey,  Hopkins, 
Knight,  MpTioueh,  McGill,  Palmer,  Preston ,  Russell,  Scott, 
Vainer— 20. 

Thereupon  the  president  announced  that  the  convention  had 
adopted  the  proposition  ir.  substitute)  for  Files  Nos.  19  and  22. 

Substitute  for  Files  Nos.  19  and  22  was  referred  to  Commit- 
tee tfo.  19. 

Mr.  Potter  offered  a  resolution  for  the  amendment  of 
Rule  5. 

The  resolution  was  lost. 

Mr.  Morgan  offered  the  following  resolution,  which  was  laid 
over  under  the  rules. 


60  CONSTITUTIONAL  CONVENTION. 

Besolved,  That  the  following  be  added  to  Eule  14:  "All  mem- 
bers shall  be  limited  to  fifteen  (15)  minutes  for  their  first,  and 
to  five  (5)  minutes  for  their  second  speech  on  any  question." 

The  president  submitted  the  following  communication  from 
his  excellency,  the  governor  of  the  territory: 

EXECUTIVE   DEPARTMENT,  ) 
Cheyenne,  Wyo.,  Sept.  13,  1889.  j 
Hon.  M.  C.  Brown, 

President  Constitutional  Convention, 

Cheyenne,  Wyo. 
Sir: — I  am  in  receipt  of  the  following  telegram: 

"Dodge  City,  Kan.,  Sept.  12,  1889. 
•"Grov.  Francis  E.  Warren,  Cheyenne,  Wyo. 

The  IT.  S.  Senate  Committee  on  Irrigation  expect  to  be  in 
Cheyenne  next  Wednesday. 

«WM  M.  STEWABT,  Chairman." 

Which  I  have  the  honor  to  transmit  for  your  information. 

Bespectfully, 
FRANCIS  E.  WABBEN,  Governor. 

On  motion  of  Mr.  Biner  the  convention  adjourned  until  10 :3() 

o'clock  a.  m.,  Monday,  Sept.  16th. 

M.  C.  BBOWN,  President. 

Attest:  JOHN  K.  JEFFREY,  Secretary  Constitutional  Con- 
vention. 


THIRTEENTH  DAY. 

HALL  OF  THE  CONSTITUTIONAL  CONVENTION, 

CAPITOL  BUILDING, 

Cheyenne,  Wyo.,  Sept.  16,  1889.  ) 

The  convention  was  called  to  order  at  10  o'clock  a.  m. 

In  the  absence  of  the  president  Mr.  Teschemacher  was  chos- 
en president  pro  tern. 

The  president  pro  tern  in  the  chair. 

Prayer  by  the  chaplain. 

Boll  call;  30  members  present;  by  general  consent  absent 
members  were  excused  by  the  convention. 

Journal  of  previous  session  read  and  approved. 

REPORTS  OF  STANDING  COMMITTEES; 

Committee  No.  14  submitted  the  following  report: 
Mr.  President: 

Your  committee  to  whom  was  referred  File  No.  31,  return 


JOURNAL.  6  f 

That  File  No.  46  concerning  the  distribution  of  powrs, 
the  same  with  the  recommendation  that  it  do  not  pass.  We 
have  incorporated  the  provisions  of  the  file  in  a  substitute,  with 
other  provisions,  and  we  recommend  that  the  substitute  here- 
with returned,  be  adopted. 

GEO.  C.  SMITH,  Chairman. 

On  motion  the  report  of  the  committee  was  accepted  and 
substitute  for  File  No.  31  ordered  printed. 

Committee  No.  16  reported  as  follows: 

Cheyenne,  Sept.  16,  1889. 
Mr.  President: 

Your  committee  No.  16  on  federal  relations,  public  lands  and 
militia  beg  leave  to  report  that  they  have  had  under  considera- 
tion File  No.  60,  concerning  federal  relations,  and  report  the 
same  herewith  and  recommend  the  same  for  adoption,  and  each 
section  adopted  to  be  placed  in  the  proper  chapter  of  the  con- 
stitution by  the  revision  committee. 

(Signed)     H.  G.  NICKERSON,  Chairman. 
C.  P.  ORGAN, 
GEO.  W.  FOX. 

On  motion  the  report  was  accepted  and  File  No.  60  ordered 
printed. 

Committee  No.  10  presented  the  following  report : 
Mr.  President: 

Your  Committee  No  10  return  herewith  File  Nos.  70  and  66, 
with  the  recommendation  that  the  same  be  adopted. 

GEO.  W.  FERRIS,  Chairman. 

Sept.  14,  1889. 

On  motion  the  report  was  accepted  and  Files  No.  66  and  70 
were  ordered  printed. 

Committee  No.  4  reported  as  follows: 

COMMITTEE  No.  4,  JUDICIAL  REPORT. 

Mr.  President : 

Your  committe  to  whom  was  referred  File  No.  50  respect- 
fully return  the  same  with  the  recommendation  that  it  do  not 
pass.  We  present  herewith  a  substitute  embodying  the  provi- 
sions of  said  file  as  amended  by  the  committee,  together  with 
other  provisions  which  we  recommend  be  adopted. 

A.  B.  CONAWAY,  Chairman. 

On  motion  the  report  0f  Committee  No.  4  was  referred  to 
the  Committe  of  the  Whole. 

Mr.  Johnston  of  the  special  committee  to  receive  the  Fiiit- 
ed  States  senate  committee  on  arid  lands  and  irrigation,  re- 
ported that  the  senate  committee  would  arrive  in  this  city  at 
noon  tomorrow. 

On  motion  of  Mr.  Conaway  the  convention  resolved  to  re- 
ceive the  United  States  eommittee  on  arid  lands  and  irrigation-, 
tomorrow  afternoon. 


r6z  CONSTITUTIONAL  CONVENTION. 

On  motion  of  Mr.  Elliott  the  convention  went  into  commit- 
tee of  the  whole. 

Mr.  Coffeen  in  the  chair. 

On  arising  the  committee  made  the  following  report: 

Cheyenne,  Sept,  16,  1889. 
Mr.  President: 

Your  committee  of  the  whole  to  whom  was  referred  the  re- 
port of  Committee  No.  14  on  File  No.  50  beg  leave  to  report 
with  recommendation  that  the  substitute  for  said  file  be 
uriiited. 

H.  A.   COFFEEN,   Chairman. 

On  motion  of  Mr.  Kiner  the  report  of  the  committe  of  the 
whole  was  adopted  and  substitute  for  File  No.  50  ordered 
printed. 

Mr.  Baxter,  in  accordance  with  a  notice  previously  given, 
offered  amendment  to  rules  No.  18  and  19. 
The  amendments  were  rejected. 
The  convention  stood  in  recess  until  2  o'clock  p.  m. 


AFTERNOON  SESSION. 

The  convention  reassembled  at  2  o'clock  p.  m. 
The  president  pro  tern  in  the  chair. 
Mr.  Hay  by  general  consent  submitted  File  No.  80. 
"Concerning  Salaries  of  Public  Officers." 
Read  first  time  and  referred  to  Committee  No.  15. 
There  being  no  other  business  before  the  convention  it  ad- 
journed until  9  o'clock  Sept.  17th. 

M.  C.  BROWN. 
Attest: 

JOHN  K.  JEFFREY,  Secretary. 


FOURTEENTH  DAY 

HALL  OF  THE  CONSTITUTIONAL  CONVENTION,  \ 

CAPITOL  BUILDING,  > 
Cheyenne,  Wyo.,  Sept.  17,  1889.  ) 

The  convention  was  called  to  order  at  10  o'clock  a.  m. 
Mr.  President  in  the  chair. 

Roll  call;  forty  members  present;  absent  members  hereto- 
fore excused  by  the  convention. 


JOURNAx.  63 

Journal  of  previous  session  read  and  approved. 
REPORT  OF  STANDING  COMMITTEES. 

Committee  No.  5  presented  a  supplementary  report  on  File 
Itfo.  68,  which  report  was  ordered  to  be  placed  on  general  file 
with  File  No.  68. 

Committee  No.  10  reported  adversely  on  File  No.  78,  and 
submitted  a  substitute  for  the  same.  Substitute  placed  on  gen- 
eral file. 

On  motion  of  Mr.  Teschemacher  the  convention  went  into 
committee  of  the  whole  for  the  consideration  of  the  special  or- 
-der  of  the  day,  being  File  No.  68,  and  the  amendments  thereto 
submitted  by  Committee  No.  5. 

Mr.  Morgan  in  the  chair. 

When  the  convention  arose  it  reported  progress  and  asked 
leave  to  sit  again. 

Mr.  Einer  moved  a  call  of  the  house.  Sustained  by  the  con- 
vention. 

The  president  ordered  the  sergeant- at-arms  to  close  the 
doors. 

The  roll  being  called,  fifteen  members  were  absent. 

The  sergeant-at-arms  was  instructed  to  find  the  absentees. 

On  motion  of  Mr.  Riner  further  proceedings  under  call  of 
the  house  were  dispensed  with. 

The  convention,  on  motion,  again  resolved  itself  into  a  com- 
mittee of  the  whole. 

Mr.  Burritt  in  the  chair. 

On  arising  the  committee  reported  progress  and  asked 
leave  to  sit  again. 

The  president  submitted  the  following  communication  from 
liis  excellency,  the  governor  of  the  territory: 

EXECUTIVE  DEPARTMENT, 
Cheyenne,  Wyo.,  Sept.  16,  1889. 

Honorable    President    Constitutional     Convention,    Cheyenne, 

Wyoming. 

Sir: — Some  time  last  year  an  Inter-State  Deep  Harbor  Con- 
vention was  h  eld  at  Denver,  Colo.,  and  was  largely  attended  by 
delegates  from  the  southwest  and  western  states  and  territo- 
ries. A  convention  has  now  been  called  by  his  excellency,  Ly- 
man  U.  Humphrey,  governor  of  Kansas,  to  meet  at  Topeka,  Oct. 
1st  next.  The  appointment  provides  for  four  delegates  from 
each  congressional  district,  one  of  whom  shall  be  the  memjber 
or  delegate  in  congress.  Under  this  apportionment  Wyoming  is 
entitled,  in  addition  to  the  delegate  in  congress,  to  three  mem- 
bers, to  be  appointed  by  the  governor. 

I  have  the  honor  to  suggest  that  the  constitutional  conven- 
tion may,  through  its  president  or  proper  committee,  present 
to  this  office  the  names  of  three  or  more  persons  from  different 


64 


CONSTITUTIONAL.  CONVENTION 


localities  of  the  territory  if  possible,  who  will  attend  the  Deep 
Harbor  Convention  in  the  interests  of  Wyoming  territory. 

It  is  believed  the  subject  is  one  of  great  importance  and  I 
trust  may  receive  your  co-operation  and  advice. 

I  will  take  pleasure  in  appointing  such  nominees  as  you  may 
suggest. 

Respectfully, 
FRANCIS  E.  WARREN,  Governor. 

Thereupon  the  convention  stood  in  recess  until  1:45  o'clock 
p.  m. 


AFTERNOON  SESSION. 

The    convention  reassembled  at  1:45  o'clock  p.  m. 

Mr.  President  in  the  chair. 

On  motion  of  Mr.  Baxter  an  invitation  was  extended  to  the 
United  States  senate  committee  on  arid  lands  and  irrigation 
to  meet  this  convention  at  9  o'clock  tomorrow  morning. 

The  convention  thereupon  adjourned  until  9  o'clock  a.  m. 
Sept.  18th. 

M.  C.  BROWN,  President. 
Attest:     J.  K.  JEFFREY,  Secretary. 


FIFTEENTH  DAY 

HALL  OF  THE  CONSTITUTIONAL  CONVENTION,  v 

CAPITOL  BUILDING,  > 
Cheyenne,  Wyo.,  Sept  18,  1889.  > 

The  convention  reassembled  at  9  o'clock  a.  m. 
Mr.  President  in  the  chair. 

Prayer  by  the  chaplain. 

Roll  call;  no  quorum  present. 

On  motion  of  Mr.  Elliott  a  call  of  the  house  was  ordered. 

The  roll  being  called,  twenty-two  members  were  present. 

The  president  ordered  the  closing  of  the  doors,  and  directed 
the  sergeant-at-arms  to  Bequest  the  attendance  of  absent  mem- 
bers. 

A  quorum  being  present,  on  motion  of  Mr.  Teschmacher  fur- 
ther proceedings  under  the  call  of  the  house  were  dispensed 
with. 

The  journal  of   the  previous    session   was    read   and    ap- 
proved . 

The  president  announced  that  owing  to  the  absence  of  Mr.. 
Downey  he  had  appointed  Mr.  Hoyt  to  act  temporarily  as- 


JOURNAL.  65 

member  of  the  committees  Nos.  1  and  20;  also  that  United 
States  Senator  Stewart  had  been  requested  by  the  special  com- 
mittee to  address  this  convention,  and  that  the  senator  had  ex- 
pressed a  willingness  to  do  so  at  7:30  this  evening. 

REPORTS  OF  STANDING  COMMITTEES. 
Committee  No.  11  submitted  the  following  report: 

Cheyenne,  Sept.  17,  1889. 
Mr.  President: 

Your  Committee  No.  11,  to  which  was  referred  Files  No.  7, 
26,  27,  41 ,  54  and  55,  report  the  same  back  with  the  recommen- 
diition  that  they  be  not  adopted.  Your  committee  further  pre- 
sent a  substitute  for  the  above  files,  which  they  propose  to  be 
incorpora ted  in  the  constitution. 

M.  N.  GRANT,  Chairman. 
H.  S.  ELLIOTT,  Secretary. 

D.  A.  PRESTON, 
H.  F.  MENOUGH, 
H.  A.  COFFEEN, 
HENRY  G.  HAY, 
DeFORREST  RICHARDS. 

(Except  as  to  Sections  2,  3,  4,  5,  10  and  14). 
(Except  as  to   Sections  2,  3,   4,  5,   10  and  14  in  article  on 
revenue). 

On  motion  the  substitute  submitted  by  Committee  No.  11 
was  ordered  printed. 

On  motion  of  Mr.  Morgan  it  wasresolved  that  this  conven- 
tion hereafter  meet  in  evening  session  at  7:30  o'clock,  and  that 
the  morning  session  commence  at  9  o'clock. 

On  motion  of  Mr.  Teschemacher  the  convention  resolved 
itself  into  a  committe  of  the  whole  for  the  consideration  of  the 
itself  into  a  committe  of  the  whole  for  the  consideration  of  the 
general  file. 

Mr.  Coffeen  in  the  chair. 

When  the  committee  arose  it  submitted  the  following  re- 
port: 

Cheyenne,  Sept.  18,  1889. 
Mr.  President: 

Your  committee  of  the  whole  to  whom  was  referred  File 
No.  68,  with  the  amendments  thereto,  submitted  by  Committee 
No.  5,  beg  leave  to  report  with  the  following  recommendations: 

That  the  substitute  for  section  1  recommended  by  Commit- 
tee No.  5  be  adopted. 

That  section  2  be  amended  by: 

1st.  By  striking  out  the  words  "six  months"  and  by  in- 
serting in  lieu  thereof  the  words  "''one  year." 

2d.     P.y  adding  the  words  "except  as  herein  otherwise  pro- 
vided." 
5 


66  CONSTITUTIONAL  CONVENTION. 

3d.  Bv  inserting  the  words  "or  Territory"  after  the  word 
"State." 

That  Sec.  5  be  amended  by  striking  out  the  word  "full"  in 
said  section. 

That  a  new  section  be  added  to  be  known  as  Sec.  10.  Noth- 
ing herein  contained  shall  be  construed  to  deprive  any  person 

of  the  right  to  vote,  who  has  such  right  at  the  time  of  the 
adoption  of  this  constitution,  unless  disqualified  by  the  restric- 
tions of  section  6  of  this  article.  After  the  expiration  of  five 
years  from  the  time  of  the  adoption  of  this  constitution  none 
but  citizens  of  the  United  States  shall  have  the  right  to  vote. 

That  Sec.  10  be  renumbered  Sec.  11. 

That  the  following  new  section  ,be  added  as  Sec.  12: 

Sec.  12.  No  person  qualified  to  be  an  elector  of  the  state 
of  Wyoming  shall  be  allowed  to  vote  at  any  general  or  special 
election  hereafter  to  be  holden  in  the  state  until  he  or  she 
shall  have  registered  as  a  voter  according  to  law. 

The  legislature  of  the  state  shall  enact  such  laws  as  will 
carry  into  effect  the  provisions  of  this  section,  which  enact- 
ment shall  be  subject  to  amendment  but  shall  never  be  re- 
pealed, but  this  section  shall  not  apply  to  the  first  election 
held  under  this  constitution. 

And  that  said  File  No.  68,  as  thus  amended,  be  adopted. 

Your  committee  has  also  duly  considered  the  propositions 
in  the  general  file  and  submit  the  following  recommendations: 

That  substitute  for  File  No.  78  be  adopted. 

That  File  No.  70  be  adopted. 

That  substitute  for  Files  No.  17  and  40  be  referred  back 
to  Committee  No.  10. 

H.  A.  COFFEEN,  Chairman. 

On  motion  of  Mr.  Kiner  the  report  of  the  committee  of  the 
whole  was  adopted. 

File  No.  68,  substitute  for  File  No.  78  and  File  No.  70  were 
ordered  to  be  engrossed. 

On  motion  of  Mr.  Teschemacher,  the  president  was  request- 
ed to  escort  U.  S.  Senator  Stewart  to  the  hall  of  the  conven- 
tion this  evening. 

The  convention  thereupon  stood  in  recess  until  two  o'clock 
p.  m. 


AFTERNOON  SESSION. 

The  convention  re-assembled  at  two  o'clock  p.  m. 
Mr.  President  in  the  chair. 

On  motion  of  Mr.  Burritt  the  convention  resolved  itself  into 
committee  of  the  whole. 
Mr.  Holden  in  the  chair. 


JOURNAL. 


67 


Upon  arising  the  committee  made  the  following  report: 
Mr.  President: 

Your  committee  of  the  whole  having  had  under  consider- 
ation the  general  file  Jbeg  leave  to  report  with  the  following 
recommendation : 

That  File  No.  66  be  referred  back  to  Committee  No.  10. 

And  your  committee  reports  progress  and  asks  leave  to  sit 
again. 

C.  W.  HOLDEN,  Chairman. 

On  motion  of  Mr.  Jeffrey  the  report  was  adopted. 
The  convention  thereupon  stood  in  recess  until  7:30  o'clock 
p.  m. 


EVENING   S 


The  convention  re-assembled  at  7:30  o'clock  p.  m. 

Mr.  President  in  the  chair. 

By  general  consent  Mr.  Ho3^t,  of  Committee  No.  7,  made 
the  following1  report: 
Mr.  President: 

Your  Committee  No.  7  herewith  return  File  No.  59,  with- 
out approval;  also  Files  No.  8  and  28  which  have  been  incor- 
porated in  a  substitute,  together  with  other  provisions,  and 
recommend  that  the  substitute  be  adopted. 

JOHN  W.  HOYT, 
A.  B.  CONWAY, 
C.  N.  POTTER, 
E.  S.  N.  MORGAN. 

September  18th  1889. 

On  motion  the  substitute  submitted  by  Committee  No.  7 
was  ordered  printed. 

The  president  introduced  to  the  convention  Hon.  Wm.  Stew- 
art, I'.  S.  Senator,  from  Nevada,  and  Major  Powell,  chief  of 
the  U.  S.  Geological  Survey,  who  addressed  the  convention. 

Mr.  Morgan  thereupon  offered  the  following  resolution  which 
was  adopted  by  a  unanimous  vote: 

Resolved,  Thai  this  convention  most  heartily,  thank  Sena- 
tor Stewart  and  Major  Powell  for  their  able  and  instructive 
address  this  evening;  and  that  we  will  ever  gratefully  remem- 
ber them  as  true  friends  of  Wyoming. 

On  motion  of  Mr.  Fox  the  convention  adjourned  until  9 
o'clock  a.  m.  Sept.  19th. 

M.  C.  BROWN,  President. 
Attest:     JOHN  K.  JEFFREY,  Secretary. 


68  CONSTITUTIONAL  CONVENTION. 


SIXTEENTH   DAY 

HALL  OF  CONSTITUTIONAL  CONVENTION,  \ 

CAPITOL  BUILDING,  > 

Cheyenne,  Wyo.,  Sept.  19,  1889,  ) 

TJie  eon  vent  ion  was  called  to  order  at  nine  orclock  a.  in. 
Mr.  President  in  the  chair. 
Prayer  by  the  chaplain 

Roll  call;  40  members  present;  absent  members  heretofore 
excused  by  the  convention. 

Journal  of  the  previous  session  read  and  approved. 

PROPOSITIONS. 

The  following  propositions  were  read  first  time  and  re- 
ferred : 

File  No.  81.     By  Mr.  Hoyt. 
"Declaration  of  Eights." 

Referred  to  Committee  No.  1. 
File  No.  82.     By  Mr.  Palmer. 
"Police  Powers." 

Referred  to  Committee  No.  10, 
Committee  No.  19  reported  as  follows: 

Cheyenne,  Sept.  19,  1889. 

Committee  No.  19  herewith  return  Files  No.  68  and  70,  and 
substitute  for  File  No.  78,  as  properly  engrossed. 

H.  E.  TESCHEMACHER,  Chairman. 

The  president  submitted  a  communication  from  Mr.  Posey 
S.  Wilson  relative  to  the  naming  of  the  new  state;  referred  to 
Committee  No.  6. 

Committee  No.  8  reported  as  follows: 

Cheyenne,  September  19,  18S9. 
Mr.  President: 

Your  committee  No.  8  having  had  under  consideration  Files 
No.  35  and  57  report  that  they  have  agreed  upon  a  substitute 
and  return  the  same  herewith  and  recommend  that  it  be  in- 
corporated in  the  constitution. 

J.  A.  JOHNSTON,  Chairman. 

On  motion  the  substitute  submited  by  Committee  No.  8  was 
placed  on  the  general  file. 

The  president  presented  the  following  communication: 

Rawlins,  Wyoming,  Sept.  16,  1889. 
Hon.  M.  C.  Brown,  Cheyenne,  Wyo. 

Dear  Sir: — I  regret  to  have  to  inform  you  that  business 
matters,  over  which  I  have  no  controlr  compel  me  to  leave 


JOURNAL.  69 

this  morning  for  the  north  instead  of  Cheyenne,  as  anticipated. 
I  can  assure  von  it  has  been  no  trifling  matter  thai  h;is  kept 
me  absent  from  the  constitutional  convention.  Wishing  you 
great  success,  and  again  apologizing  for  my  inability  to  attend, 
I  am, 

Yours  truly, 

J.  C.  DAVIS. 

FINAL  READING. 

File  Xo,  OS  being  taken  up  for  final  reading  Mr.  Clark  sub- 
mitted the  following  amendment  to  Sec.  5:  "Add  to  said  sec- 
tion: "or  si  tall  have  legally  declared  within  this  Territory  his 
intention  to  become  such  at  least  one  year  prior  to  the  elec- 
tion at  which  said  seeks  to  cast  his  vote." 

The  amendment  was  lost. 

Mr.  Clark  moved  an  amendment  to  Sec.  5.  Add  to  said  sec- 
tion: "or  shall  have  legally  declared  within  this  territory  his 
intention  to  become  such  at  least  one  year  prior  to  the  elec- 
tion at  which  said  elector  seeks  to  cast  his  vote.'' 

The  amendment  was  lost. 

Mr.  Clark  moved  to  amend  by  striking  out  Section  9. 

The  yeas  and  nays  were  called  for  and  sustained  by  the 
convention  on  this  amendment,  and  resulted  as  follows: 

Yeas — Messrs.  Baldwin,  Baxter,  Campbell,  Casebeer,  Clark, 
Conaway,  Irvine,  Jones,  Menough,  Morgan,  Potter,  Preston, 
Riner,  Russell,  Vaguer. — 15. 

Nays — Messrs.  Barrow,  Burdick,  Burritt,  Butler,  Chaplin, 
CoiTeen,  Elliott,  Foote,  Fox,  Grant,  Hay,  Harvey,  Holden,  Hop- 
kins, Hoyt,  Jeffrey,  Johnston,  Morris,  McCandlish,  Mckerson, 
Palmer,  Reid,  Richards,  Smith,  Teschemacher,  Mr.  President. 
—26. 

Ajbsent — Messrs.  Downey,  Ferris,  Frank,  Knight,  McGill, 
Organ,  Scott,  Sutherland. — 8. 

Thereupon  the  president  announced  that  the  convention 
had  refused  to  strike  out  section  9. 

Mr.  Riner  moved  to  amend  by  striking  out  section  10. 

The  yeas  and  nays  on  this  amendment  were  called  for  and 
sustained  by  the  convention,  resulting  as  follows: 

Yeas — Messrs.  Elliott,  Fox,  Menough,  Preston,  Riner. — 5. 

Nays:  Messrs.  Baldwin,  Barrow,  Baxter,  Burdick,  Burritt, 
Butler,  Campbell,  Casebeer,  Chaplin,  Clark,  Conaway,  Foote, 
Grant,  Hay,  Harvey,  Holden,  Hopkins,  Hoyt,  Irvine,  Jeffrey, 
Johnson,  Jones,  Morsran,  Morris,  McCandlish,  Mckerson,  Pal- 
mer, Potter,  Reid,  Richards,  Russeel,  Smith,  Teschemacher, 
Vaguer,  Mr.  President,  Coffeen — 30. 

Absent:  Messrs.  Downey,  Ferris,  Frank,  Knight,  McGill, 
Organ,  Scott,  Sutherland — 8. 

The  president  thereupon  announced  that  the  convention 
had  refused  to  strike  out  Sec.  10. 


yb  CONSTITUTIONAL  CONVENTION. 

Mr.  Holden  moved  to  amend  Sec.  9  by  striking  out  the  last 
sentence  of  said  section. 

The  motion  prevailed,  and  File  No.  08  was  amended  by 
striking  out  the  last  sentence  of  Section  9. 

Mr.  Smith,  moved  to  amend  by  striking  out  Section  9  as 
amended. 

The  yeas  and  nays  were  called  for  on  this  amendment  and 
sustained  by  the  convention,  resulting  as  follows: 

Yeas:  Messrs.  Campbell,  Casebeer,  Clark,  Conaway,  Foot, 
Irvine,  Jones,  Menough,  Morgan,  Potter,  Preston,  Riner,  Rus- 
sell, Smith,  Vaguer — 15. 

Nays:  Messrs.  Baldwin,  Barrow,  Baxter,  Burdick,  Burritt, 
Butler',  Chaplin,  Coffeen,  Elliott,  Fox,  Grant,  Hay,  Harvey,  Hol- 
den, Hopkins,  Hoyt,  Jeffrey,  Johnston,  Morris,  McCandlish, 
Niekerson,  Palmer,  Reid,  Richards,  Tescliemacher,  Mr.  Pres- 
ident—2(>. 

Absent:  Messrs.  Downey,  Ferris,  Frank,  Knight,  McGill, 
Organ,  .Scott,  Sutherland— 8. 

Thereupon  the  president  announced  that  the  convention 
had  refused  to  strike  out  Sec.  9  as  amended. 

Mr.  Campbell  moved  a  reconsideration  of  the  vote  by  wThich 
the  last  section  of  Sec.  9  had  be<kn  stricken  out. 

The  convention  by  a  rising  vote  decided  not  to  reconsider 
said  vote. 

Mr.  Potter  moved  the  following  amendment  to  Sec.  12: 
Add  after  the  word  "law"  inthe  seventh  line  of  said  section 
the  following:  "unless  the  failure  to  register  is  caused  by  sick- 
ness or  absence,  for  which  provision  shall  be  made  by  law. 

The  amendment  prevailed. 

File  No.  68  as  amended  was  then  ordered  to  a  final  read- 
ing. 

The  yens  and  navs  on  the  adoption  of  the  proposition  in 
File  No.  0$  as  amended  resulted  as  follows: 

Yeas:  Messrs.  Barrow,  Baxter,  Burdick.  Burritt,  Butler 
Campbell.  Chaplin,  Coffeen.  Elliott,  Foot.  Fox.  Grant,  Hay, 
Harvey.  Holden.  Hopkins,  Hovt,  Irvine.Jeffrey,  Johnston.  Mor- 
gan. Morris.  McCandlish,  Nickerson,  Palmer,  Potter,  Reid, 
Sutherland.  Teschemneher,  Mr.  President — 30. 

Nays:  Messrs.  Baldwin,  Casebeer,  Clark,  Conaway,  Jones, 
Menonch,  Preston,  Richards,  Riner,  Russell,  Smith,  Vag- 
ner— 12. 

Absent:  Messrs.  Downey,  Ferris,  Frank,  Knight,  McGill, 
Organ,  Scott — 7. 

The  president  thereupon  announced  that  the  convention 
had  adopted  the  proposition  in  File  No.  08  as  amended,  as  a 
part  of  the  Constitution  of  the  State  of  Wyoming. 

File  No.  70  was  then  ordered  to  a  final  reading,  and  pend- 
ing the  question,  the  convention  stood  in  recess  until  7:30 
o'clock  p.  m. 


JOURNAL.  71 

EVENING  SESSION. 

The  convention  re-assembled  at  7:30  o'clock  p.  m. 

Mr.  President  in  the  chair. 

By  general  consent  Mr.  Richards  presented  File  No.  83, 
"relating  to  salaries  of  public  officers."  Keferred  to  Commit- 
tee No.  15. 

FINAL  READING. 

File  No.  70  having  been  finally  read  was  adopted  by  the 
following1  vote: 

Yeas:  Messrs.  Baldwin,  Barrow,  Baxter,  Burdick,  Burritt, 
Campbell,  Casebeer,  Chaplin,  Clark,  Coffeen,  Conaway,  Elli- 
ott, Foot,  Fox,  Grant,  Hay,  Harvey,  Holden,  Hopkins,  Hoyt, 
Jeffrey,  Johnston,  Jones,  Knight,  Menough,  Morgan,  Morris, 
Nickerson,  Palmer,  Reid,  Richards,  Riner,  Russell,  Smith, 
Sutherland,  Teschemacher,  Vagner,  Mr.  President— 38. 
Nays:  None. 

Absent:  Messrs.  Butler,  Downey,  Ferriss,  Frank,  Irvine, 
McCandlish,  McGill,  Organ,  Potter,  Preston,  Scott— 11. 

The  president  thereupon  announced  that  the  convention 
had  adopted  the  proposition  in  File  No.  70  to  be  embodied  in 
the  constitution. 

By  general  consent  Committee  No.  13  submitted  the  follow- 
ing report: 

September  19,  1889. 
To  the  President  of  the  Convention: 

We,  your  Committee  No.  13,  on  corporations,  beg  leave  to 
report  that  we  have  examined  Files  No.  11,  38,  42  and  72,  re- 
ferred to  our  committee,  and  return  herewith  the  same  with 
a  general  substitute  therefor  and  recommend  the  adoption  of 
the  same,  with  the  statement  that  F.  M.  Foot  and  C.  W.  Bur- 
dick, members  of  this  eornTriitt.ee,  withhold  their  approval  of 
Sec.  No.  8.  and  ( '.  N.  Potter  withholds  his  approval  of  Sees, 
5,  8  and  12. 

Respectfully  Submitted, 
H.  A.  COFFEEN, 
F.  M.  FOOTE,  I 

C.  W.  BURDICK, 
JNO.  L.  RUSSELL, 
GEORGE  W.  BAXTER. 

On  motion  of  Mr.  Riner  the  substitute  for  Files  No.  11, 
38,  42  and  72,  submitted  by  Committee  No.  13,  was  ordered 
printed. 

The  final  reading  of  File  No.  78  having  been  ordered  it 
was  adopted  by  the  following  vote: 

Yeas:  Messrs.  Baldwin,  Barrow,  Baxter,  Burdick,  Burritt, 
Campbell,  Casebeer,  Chaplin,  Coffeen,  Conaway,  Elliott,  Foote, 


•j2  CONSTITUTIONAL  CONVENTION. 

Fox,  Grant,  Hay,  Harvey,  Holden,  Hopkins,  Hoyt,  Jeffrey,  John- 
ston, Jones,  Knight,  M enough,  Morgan,  Morris,  Nickerson,  Pal- 
mer, "Reid,  Richards,  Riner,  Russell,  Smith,  Sutherland,  Tesche- 
macher.  Vainer,  Mr.  President. — 37. 

Nays — none. 

Absent — Messrs.  Butler,  Clark,  Downey,  Ferris,  Frank,  Ir- 
vine, McCandlish,  Mcflill,  Organ,  Potter,  Preston,  Scott.— 12. 

Thereupon  the  president  announced  that  the  convention 
had  adopted  the  proposition  in  File  No.  78  to  be  embodied  in 
the  constitution. 

On  motion  of  Mr.  Teschemacher  the  convention  went  into 
committee  of  the  whole. 

Mr.  Burritt  in  the  chair. 

Upon  arising  the  committee  made  the  following  report: 

Cheyenne,  Sept.  19th,  1889. 
Mr.  President: 

Your  committee  of  the  whole  to  whom  was  referred  the 
general  file,  beg  leave  to  report  that  the  same  has  had  due 
consideration  and  is  returned  with  the  following  recommend- 
ations: 

That  the  first  and  second  sections  of  the  amendment  to  file 
No.  76  adopted  in  committee  of  whole,  Sept.  18th,  be  referred 
to  Committee  No.  2,  and  that  the  remainder  of  File  No.  76 
be  referred  to  Committee  No.  6. 

And  your  committee  reports  progress  in  theconsi deration 
ol}  substitute  for  Files  No.  51  and  5(5,  and  asks  leave  to  sit 
again. 

C.  H.  BURRITT,  Chairman. 

Files  No.  70  and  80  were  referred  to  Committee  No.  19. 

On  motion  the  report  of  the  committee  of  the  whole  wTas 
adopted. 

The  convention  then  adjourned  until  9  o'clock  a.  m.,  Sept. 
2()th. 

M.  C.  BROWN,  President, 
Attest:     JOHN  K.  JEFFREY,  Secretary. 


SEVENTEENTH  DAY 

HALT.  OF  THE  CONSTITUTIONAL  CONVENTION, 

CAPITOL  BUILDING, 
Cheyenne,  Wyo.,  Sept.  20,  1889. 

The  convention  was  called  to  order  at  nine  o'clock  a.  m. 
Mr.  President  in  the  chair. 
Prayer  by  the  chaplain. 


JOURNAL 


73 


Roll  call;  38  members  present. 

Absent  members  heretofore  excused  by  the  convention. 

Joiirnjil  of  previous  session  read  and  approved. 

On  motion  of  Mr.  Elliott  the  communication  of  His  Excel- 
lency, Governor  F.  E.  Warren,  relating  to  the  Inter  State  Deep 
Harbor  convention  to  be  hoi  den  at  Topeka,  Kan.,  Oct.  1st,  was 
referred  to  Committee  No.  10,  with  the  request  for  an  imme- 
diate report. 

REPORTS  OF  STANDING  COMMITTEES. 

Committee  No.  1.0  made  the  following  reports: 

Cheyenne,  Sept.  19th,  1889. 
Mr.  President: 

Your  Committee  No.  10,  to  whom  was  referred  File  No.  82, 
beg  leave  to  report  that  the  same  has  been  duly  considered 
and  is  herewith  returned  with  the  recommendation  that  the 
proposition  be  adopted. 

THOS.  R.  REID,  Acting  Chairman. 
Mr.  President: 

Your  committee  No.  10,  to  whom  was  re-referred  File  No. 
66,  report  that  they  have  complied  with  the  suggestion  of 
your  convention,  and  return  said  file  herewith. 

THOS.  R.  REID,  Acting  Chairman. 

On  motion  Files  No.  66  and  82  reported  back  by  Committee 
No.  10  were  referred  to  the  general  file. 

By  general  consent  Committee  No. 10  submitted  File  No. 
•8-1,  concerning  "Boards  of  Arbitration;"  ordered  printed. 

By  general  consent  the  following  named  gentlemen  were 
excused: 

Mr.  Richards,  from  day  to  day  until  his  return.  Mr.  Butler, 
for  today  and  tomorrow,  and  Messrs.  Organ  and  Riner  for  to- 
•  day's  session. 

On  motion  of  Mr.  Burritt  substitute  for  Files  No.  35  and 
57  was  made  the  special  order  for  to-morrow. 

Mr.  Baxter  moved  that  the  convention  resolve  itself  into 
committee  of  the  whole.  So  ordered. 

Mr.  Teschemacher  in  the  chair. 

On  arising  the  committee  reported  as  follows: 

Cheyenne,  Sept,  20,  1889. 
Mr.  President: 

Your  committee  of  the  whole  to  whom  was  referred  the 
general  file  beg  leave  to  report  with  the  following  recommen- 
dations: 

That  substitute  for  Files  No.  51  and  56  be  amended  in 
Sec.  P>  by  inserting  in  line  3  after  the  word  "office"  the  words 
""or  his  absence  from  the  state."' 

Amend  Sec.  13  in  the  fifth  line  by  striking  out  the  words 
"fifteen  hundred"  and  inserting  in  lieu  thereof  the  words 
"two  thousand." 


74  CONSTITUTIONAL  CONVENTION; 

That  the  amendment  submitting  a  new  section,  No.  16,  be 
referred  to  Committee  No.  4. 

That  Sec.  11  be  amended  by  adding  the  following: 

"The  legislature  may  provide  for  such  other  state  offi- 
cers as  may  be  deemed  necessary." 

And  that  substitute  for  Files  No.  51  and  56  thus  amended 
be  adopted. 

That  substitutes  for  Files  No.  9  and  36  be  amended  as  fol- 
lows: 

Strike  out  all  of  Sec.  2  after  the  words  "United  States"  in 
the  sixth  line.  Substitute  the  following  for  Sec.  4: 

"Xo  military  organization  under  the  laws  of  the  state  shall 
carry  any  banner  or  flag  representing  any  sect  or  society  or 
the  flag  of  any  nationality  but  that  of  the  United  States. 

Amend  Sec.  5  by  inserting  in  first  line  after  the  word  "chief" 
the  words  "of  the  military  forces,  of  the  state." 

And  that  substitute  for  Files  No.9  and  36  thus  amended 
be  printed. 

H.  E.  TESCHEMACHER,  Chairman. 

On  motion  the  report  of  the  committee  was  adopted. 

Mr.  Potter  moved  that  substitutes  for  Files  No.  9  and  36 
and  substitute  for  Files  No.  51  and  56  be  engrossed.  So  or- 
dered. ' 

On  motion  of  Mr.  Hoyt,  the  thanks  of  the  convention  were 
were  extended  to  the  publishers  of  the  Laramie  Boomerang, 
Bill  Barlow's  Budget  and  Carbon  County  Journal  for  copies 
of  their  publications. 

On  motion  of  Mr.  Campbell  File  No.  50  Avas  made  the  spec- 
ial order  for  this  evening. 

The  convention  thereupon  stood  in  recess  until  7':30> 
o'clock  T).  in. 


EVENING  SESSION. 

The  convention  reassembled  at  7:30  o'clock  p.  m. 

Mr.  President  in  the  chair. 

On  motion  the  convention  resolved  itself  into  committee 
of  the  whole  for  the  consideration  of  the  special  order. 

Mr.  Burritt  in  the  chair. 

On  arising  the  committee  made  the  following  report: 

Cheyenne,  Sept.  20,  1889. 
Mr.  President: 

Your  committee  of  the  whole,  to  w  horn  w  as  referred 
substitute  for  File  No.  50,  beg  leave  to  report  that  the  same 
has  been  duly  considered  and  is  returned  with  the  following 
recommendations : 


JOURNAL. 


75 


Amend  Sec.  1  ill  the  second  line  by  inserting  after  "justice 
of  the  pence'*  the  words  "courts  of  arbitration." 

Amend  Sec.  4  by  inserting  in  line  16  before  the  word 
"vacancy"  the  words  "unexpired  term  occasioned  by  such." 

Insert  the  following  as  Sec.  6  and  renumber  the  remain- 
ing sections  accordingly. 

"Sec.  6.  In  case  a  judge  of  the  supreme  court  shall  be  in 
•.my  way  interested  in  a  cause  brought  before  said  court  the 
remaining  judges  of  said  court  shall  call  one  of  the  district 
judges  to  sit  with  them  OTI  the  hearing  of  said  cause. 

Amend  Sec.  12  by  inserting  in  line  2,  before  the  word 
"appointed,"  the  words  "or  in  case  of  vacancy." 

Amend  Sec.  12  by  striking  out  the  last  sentence  and  in- 
serting in  lieu  thereof  "and  with  such  duties  and  compensation 
as  may  be  prescribed  by  law." 

Amend  Sec.  13  by  striking  out  all  of  line  eight  and  all  after- 
the  word  "duties"  in  the  seventh  line,  and  inserting  in  lieu 
thereof  the  words  "and  receive  such  compensation  as  shall 
be  prescribed  by  law." 

Amend  Sec.  16  by  striking  out  in  the  fourth  and  fifth  lines 
the  words  "not,  be  less  than  twenty-five  hundred  dollars,'' 
and  inserting  in  lieu  thereof  the  words  "be  as  may  be  pre- 
scribed by  law." 

Amend  Sec.  18  by  inserting  at  the  beginning  of  said 
section  the  words: 

"Until  otherwise  provided  by  law." 

Amend  Sec.  22  by  striking  out  the  words  "county  court" 
in  first  line. 

That  substitute  for  File  No.  50,  except  the  last  section  be- 
adopted,  and  the  committee  ofthe  whole  ask  for  further  time 
in  the  consideration  of  the  last  section  of  said  file. 

0.  H.  BIJKRITT,  Chairman. 

The  report  of  the  commit te  of  the  whole  was  adopted, 
and  substitute  for  File  No.  50,  excepting  the  last  section,  was 
orbered  engrossed.  , 

The  convention  threupon  adjourned  until  9  o'clock  a.  m. 
Sei)t,  21st, 


EIGHTEENTH  DAY 

HALL  OF  THE  CONSTITUTIONAL  CONVENTION, 

CAPITOL  BUILDING, 
Cheyenne,  Wyo.,  Sept.  21,  1889. 

The  convention  was  called  to  order  at  9  o'clock  a.  m. 
Mr.  President  in  the  chair. 
Prayer  by  the  chaplain. 


'7  6  CONSTITUTIONAL  CONVENTION. 

Roll  call;  thirty-nine  members  present;  absent  members 
lieretofore  excused  by  the  convention. 

Journal  of  previous  session  read  and  approved. 

PROPOSITIONS. 

The  following  propositions  were  presented  and  referred: 
File  No.  85.  "  By  Mr.  Jones. 

"Concerning-  Labor.'' 

Ordered  printed  and  referred  to  Committee  No.  10. 
File -No.  86.     By  Committee  No.  16. 

"Public  Lands  and  Donations." 
Ordered  printed. 

REPORTS  OF  STANDING  COMMITTEES. 
'Committee  No.  16  submitted  the  following  report: 

CONSTITUTIONAL  CONVENTION,  WYOMING,  ) 
Cheyenne,  Sept.  20,  1889.  > 
Mr.  1 'resident : 

Your  Committee  No.  16  beg  leave  to  report  that  they 
have  had  under  consideration  File  No.  15,  which  was  referred 
to  this  committee,  and  the  same  is  returned  without  recom- 
mendation as  the  substance  is  embodied  in  the  report  here- 
Avith  on  public  lands,  which  is  recommended  for  adoption  in 
the  constitution. 

Signed,    H.  GL  NICKERSON. 

Chairman, 
OEO.  W.  FOX, 
fi.  F.  MENOTTOH, 
C.  P.  ORGAN. 

On  motion  File  No.  86,  submitted  by  Committee  No.  16, 
"concerning  public  lands  and  donations,"  was  ordered  printed. 

On  motion  of  Mr.  Johnson  the  convention  went  into  com- 
mittee of  the  whole  for  the  consideration  of  the  special  order. 
Substitute  for  Files  No.  35  and  57. 

Mr.  Irvine  in  the  chair. 

On  arising  the  committee  made  the  following  report: 

Cheyenne,  Wyo.,  Sept.  21,  ISSf). 
Mr.  President: 

Your  committee  of  the  whole,  to  whom  was  referred  substi- 
tue  for  Files  No.  35  and  57,  have  had  the  same  under  consid- 
eration, and  beg  leave  to  report  with  the  following  recom- 
mendations: 

Amend  Sec.  3  of  said  file  by  inserting  after  the  word  "ap- 
propriation" in  the  first  line  the  words  "for  beneficial  uses." 

Amend  Sep.  3  in  second  line  by  inserting  after  the  word 
"when"  the  words  "such  denial  is." 

Strike  ojit  Sec.  6. 


JOURNAL. 


77 


And  that,  substitute  for  Files  No.  35  and  57  be  adopted  as 
amended. 

W.  C.  IRVINE,  Chairman. 

The  report  of  the  committee  of  the  whole  was  adopted. 

Committee  No.  19  reported  substitute  for  Files  No.  9  and 
36,  and  substitute  for  Files  No.  51  and  56  properly  engrossed. 

On  motion  of  Mr.  Chaplin,  the  committee  on  revision  was 
authorized  to  raise  the  several  articles  of  the  constitution  as 
they  are  adopted  by  this  convention. 

By  unanimous  consent  Committee  No.  6  was  permitted  to 
make  a  report,  and  said  report  was  received.^ 

Pending  the  reading  of  the  report  of  Committee  No.  6  the 
convention  stood  in  recess  until  2  o'clock  p.  m. 


AFTERNOON  SKSSION. 

The  convention  reassembled  at  2  o'clock  p.  m. 
Mr.  President  in  the  chair. 

The  report  of  Committee  No.  6,  as  follows,  was  read: 
Mr.  President: 

We,  your  committee  on  boundaries  and  apportionment, 
beg  leave  to  submit  the  following  sections  as  an  apportionment 
article  for  the  Constitution  of  the  State  of  Wyoming  and  rec- 
ommend its  adoption. 

File  No.  76  is  returned  herewith. 

M.  C.  BARROW, 

Chairman, 

H.  E.  TESCHEMACHER, 
J.  A.  CASEBEER, 

E.  J.  MORRIS, 

F.  M.  FOOTE, 
Referred  to  the  general  file. 

By  general  consent  Committee  No.  9  made  the  following 
report : 
Mr.  President: 

Your  Committee  No.  9  report  the  following  and  recom- 
mend its  adoption . 

J.  L.  RUSSELL, 
H.  G.  NICKERSON, 
GEO.  W.  FOX, 
C.  L.  VAONER, 

T  approve  of  the  above  report  with  the  exception  of  Sec.  5. 

LOUIS  J.  PALMER. 

The  proposition  referred  to  in  the  foregoing  report  being 
File  No.  87,  "concerning  coal  mines,"  was  then  read  first  time, 
referred  to  Committee  No.  10  and  ordered  printed. 


yS  CONSTITUTIONAL  CONVENTION. 

Committee  No.  2  by  general  consent  submitted  the  follow- 
ing report: 

Cheyenne,  Sept.  21,  1889. 
Mr.  President: 

Your  Committee  No.  2,  to  whom  was  referred  Sees.  3  and  4 
of  File1  No.  70  us  amended,  beg  leave  to  submit  majority  and 
minority  reports  on  said  sections. 

E.  S.  N.  MORGAN,  Chairman. 
H.  S.  ELLIOTT,  Secretary. 

Referred  to  the  general  file. 

Committee  No.  6  submitted  the  following  minority  report: 

Cheyenne,  Sept.  21st,  1889. 
Mr.  President: 

A  minority  of  your  committee  No.  6  beg  leave;  to  report  a 
substitute  for  section. 4  of  the  majority  report  and  recommend 
the  adoption  of  the  same  as  a  substitute  for  said  section  L 

Respectfully  submitted, 

H."A.  COFFEE X. 
J.  M.  McCANDLISil. 
Referred  to  general  file. 

Substitute  for  Files  No.  35  and  57  was  ordered  engrossed. 
By  general  consent  Mr.  Baldwin  was  excused  from  attend- 
ance from  day  to  day  until  his  return. 

FINAL  READING. 

A  substitute  for  Files  No.  9  and  36  as  amended  having  been 
finally  read,  the  yeas  and  nays  were  ordered  on  its  adoption, 
resulting  as  follows: 

Yeas — Messi-s.  Barrow,  Baxter,  Burdick,  Burritt,  Campbell, 
Casebeer,  Chaplin,  Clark,  Coffeen,  Conaway,  Elliott,  Fox,  Grant, 
Harvey,  Hopkins,  Hoyt,  Irvine,  Jeffrey,  Johnston,  Jones,  Mor- 
gan, Morris,  McCandlish,  Nickerson,  Organ,  Palmer,  Potter, 
Preston,  Reid,  Riner,  Russell,  Sutherland,  Teschemacher,  Vag- 
ner,  Mr.  President. — 35. 

Nays — none. 

Absent — Messrs.  Baldwin,  Butler,  Downey,  Ferris,  Foote, 
Frank,  Hay,  Holden,  Knight,  Menough,  McGill,  Richards,  Scott, 
Smith.— 14. 

The  president  thereupon  announced  that  the  convention 
had  adopted  substitute  for  Files  No.  9  and  36  to  be  incorpor- 
ated in  the  constitution. 

Substitute  for  Files  No.  51  and  56  as  amended  having  been 
finally  read,  the  yeas  and  nays  were  ordered  on  its  adoption, 
resulting  as  follows: 

Yeas— Messrs.  Barrow,  Baxter,  Burdick,  Burritt,  Campbell, 
Casebeer,  Chaplin,  Clark,  Coffeen,  Conaway,  Elliott,  Fox,  Grant, 
Hay,  Harvey,  Hopkins,  Hoyt,  Irvine,  Jeffrey,  Johnston,  Jones, 
Morgan,  Morris,  McCandlish,  Nickerson,  Organ,  Palmer,  Potter, 


JOURNAj 


79 


iPreston,  Reid,  Riner,  Russell,  Sutherland,  Teschemacher,  Vag- 
;ner,  Mr.  President. — 36. 

Nays — none. 

Absent — Messrs.  Baldwin,  Butler,  Downey,  Ferris,  Foote, 
Frank,  Holden,  Knight,  Menough,  McGill,  Richards,  Scott, 
:  Smith.— 13. 

The  president  thereupon  announced  that  the  convention  had 
adopted  substitute  for  Files  No.  51  and  56  to  be  incorporated 
in  the  constitution. 

On  motion  of  Mr.  Riner  substitute  for  File  No.  50  was  con- 
sidered the  engrossed  copy  recalled  from  the  committee  on  en- 
grossment, and  taken  up  for  consideration  and  final  reading. 

Mr.  Potter  offered  the  following  amendment  to  Section  4: 
"Substitute  the  following: 

"Sec.  1.  The  Supreme  Court  shall  consist  of  four  justices, 
t.o  be  chosen  in  districts  by  the  electors  thereof,  and  their  .term 
of  office  shall  be  six  years.  The  number  of  justices  -and  dis- 
tricts may  be  increased  but  shall  not  exceed  five  until  the  pop- 
ulation of  the  state  shall  amount  to  one  hundred  and  fifty  thou- 
sand- and  the  boundaries  of  districts  may  be  changed,  but  no 
change  of  district  shall  have  the  effect  to  remove  a  judge  from 
^office  during  the  term  for  which  he  may  have  been  elected  or 
appointed,  or  require  him  to  change  his  residence  without  his 
consent." 

The  yeas  and  nays  were  called  for  on  this  amendment  and 
sustained  by  the  convention,  and  resulted  as  follows: 

Yeas:  Messrs.  Barrow,  Casebeer,  Chaplin,  Coffeen, Elliott. 
Hay,  Irvine,  Jeffrey,  Jones,  Morgan,  Moris,  McCandlish,  Nick- 
erson,  Organ,  Potter,  Reid,  Sutherland — 17. 

Naves:  Messrs.  Baxter,  Burdick,  Burritt,  Campbell,  Clark, 
Conaway,  Fox,  Grant,  Harvey,  Holden,  Hopkins,  Hoyt,  John- 
•ston,  Palmer,  Preston,  Riner,  Russell,   Smith,   Teschemacher, 
Vagner,  Mr.  President — 21. 

Absent:  Messrs.  Baldwin,  Butler,  Downey,  Ferris,  Foot, 
Frank,  Knight,  Menough,  McGill,  Richards,  Scott— 11. 

The  president  anounced  that  the  convention  had  refused  to 
adopt  the  amendment. 

Substitute  for  File  No.  50  as  amended  having  been  finally 
read,  the  yeas  and  nays  on  its  adoption  resulted  as  follows: 

Yeas:  Messrs.  Barrow,  Baxter,  Burdick,  Burritt,  Campbell, 
Casebeer,  Chaplin,  Clark,  Coffeen,  Conaway,  Elliott,  Fox,  Grant. 
Hay  Harvejr,  Holden,  Hopkins,  Hoyt,  Irvine,  Jeffrey,  Johnston, 
Jones,  Morgan,  Morris,  McCandlish,  Nickerson,  Organ,  Palmer, 
Potter,  Preston,  Reid,  Riner,  Russell,  Smith,  Teschemacher, 
Vaguer,  Mr.  President — 37. 

Nays:  Mr.  Sutherland — 1. 

Absent:  Messrs.  Baldwin,  Butler,  Downey,  Ferris,  Foot, 
Frank,  Knight,  Menough,  McGill,  Richards,  Scott— 11. 


So  CONSTITUTIONAL  CONVENTION 

The  president  thereupon  announced  that  the  convention 
had  adopted  substitute  for  File  50  to  be  incorporated  in  the 
constitution. 

Substitute  for  File  50  was  referred  to   Committee   No.    19. 
Mr.  Teschemacher  of  Committee  No.  19  reported  substitute 
for  Files  No.  35  and  57  properly  engrossed. 

Mr.  Chaplin  of  the  committee  on  printing  reported  that  Mr. 
E.  A.  Slack  had  indicated  an  unwillingness  to  continue  the 
work  of  printing  for  this  convention  and  suggested  that  the  com- 
mittee be  authorized  to  give  the  printing  hereafter  to  the  next 
lowest  bidder. 

On  motion  the  matter  was  referred  to  the  committee  on 
printing,  with  full  power  to  act. 

The  convention  ordered  the  final  reading  of  substitutes  for 
Files  No.  35  and  57  as  amended. 

Mr.  Coffeen  moved  to  amend  by  striking  out  Sec.  3. 
Mr.  Elliott  moved  an  amendment  to  the  amendment  by  ad- 
ding to  Sec.  3  the  following:  "But  priority  of  appropriation  shall 
not  be  conclusive  in  determining  the  better  right." 
Mr.  Coffeen  accepted  the  amendment. 

The  convention  by  a  rising  vote  refused  to  adopt  the  amend- 
ment. 

Mr.  Fox  moved  to  strike  out  Sec.  3. 
The  convention  refused  to  strike  out  Sec.  3. 
Substitute  for  Files  No.  35  and  57  as  amended  having  been 
finally  read  the  yeas  and  nays  on  its  adoption  resulted  as  fol- 
lows: 

Yeas:  Messrs.  Barrow,  Baxter,  Burdick,  Burritt,  Campbell,. 
Casebeer,  Chaplin,  Clark,  Coffeen,  Conaway,  Elliott,  Fox,  Grant, 
Hay,  Harvey,  Holden,  Hopkins,  Hoyt,  Irvine,  Jeffrey,  Johnston, 
Jones,  Morgan,  Morris,  Nickerson,  Organ,  Palmer,  Potter,  Pres- 
ton, Reid,  Riner,  Russell,  Sutherland,  Teschemacher,  Vaguer. 
—35. 

Nays — Messrs.  Smith  and  Mr.  President. — 2. 
Absent — Messrs.  Baldwin,  Butler,  Downey,   Ferris,.  Foote, 
Frank,  Knight,  Menough,  McCandlish,  McGill,  Richards.  Scott. 
—12. 

Thereupon  the  president  announced  that  the  convention  had 
adopted  substitute  for  files  No.  35  and  57  to  be  incorporated 
in  the  constitution. 

Substitute  for  files  No.  35  and  57  was  referred  to  Committee- 
No.  19. 

On  motion  of  Mr.  Hay  the  convention  resolved  itself  into  a 
committee  of  tin*  whole  for  the  consideration  of  the  majority 
and  minority  reports  of  Committees  No.  6  and  2  on  File  No.  7(L 
Mr.  Campbell  in  the  chair. 
On  arising  the  committee  reported  as  follows: 


JOURNAL.  8 1 

Mr.  President : 

Your  committee  of  the  whole  to  whom  were  referred  the 
majority  and  minority  reports  of  Committees  No.  6  and  2  rela- 
tive to  File  No.  7P>  beg  leave  to  report  that  the  same  have 
been  duly  considered  and  they  are  returned  with  the  recom- 
mendation that  the  majority  report  of  Committee  No.  6  on 
File  No.  7G  be  adopted. 

And  your  committee  reports  progress  and  asks  leave  to  sit 
Again. 

A.  C.  CAMPBELL,  Chairman. 

On  motion  the  report  of  the  committee  of  the  whole  was 
adopted. 

The  convention  then  adjourned  until  0  o'clock  a.  m.  Sept. 
23d. 

M.  C.  BROWN,  President. 
Attest:     JOHN  K.  JEFFREY,  Secretary. 


NINETEENTH   DAY. 

HALL  OF  THE  CONSTITUTIONAL  CONVENTION, 

CAPITOL  BUILDING, 
Cheyenne,  Wyo.,  Sept  23,  1889. 

The  convention  was  called  to  order  at  nine  o'clock  a.  m. 

Mr.  President  in  the  chair. 

Prayer  by  the  chaplain. 

Roll  call;  no  quorum  present. 

On  motion  of  Mr.  Elliott  a  call  of  the  house  was  ordered. 

The  president  ordered  the  sergeant-at-arms  to  close  the 
doors  and  to  request  the  attendance  of  absent  members. 

A  quorum  being  present  further  proceedings  under  call  of 
the  house  were  on  motion  of  Mr.  Elliott,  dispensed  Avith. 

Journal  of  previous  session  read  and  approved. 

REPORTS  OF  STANDING  COMMITTEES. 

Committee  No.  1  submitted  the  following  report: 
Mr.  President: 

Your  committee  No.  1  returns  files  numbered  1-20-21-44  and 
53  not  approved.  Portions  of  file  81  have  been  incorporated 
in  the  draft  of  a  Bill  of  Rights,  herewith  submitted  with  the 
recommendation  that  it  be  adopted. 

GEO.  W.  BAXTER, 
JOHN  W.  HOYT. 
Cheyenne,  Wyo.,  Sept.  23,  1889. 


S2  CONSTITUTIONAL  CONVENTION. 

The  proposition  of  Committee  No.  1  being  File  88  on  "Pre- 
amble" was  ordered  printed. 

Messrs.  Barrow  and  Burdick  were  excused  from  attend- 
ance for  the  day. 

Committee  No.  .17  reported  as  follows: 

Cheyenne,  Sept.  23d,  1889. 
To  the  President  and  Members  of  the  Wyoming  Constitutional 

Convention. 

Gentlemen: — We  your  committee  on  printing  accounts  and 
expenses  beg  leave  to  report  that  the  contract  for  the  balance 
of  the  printing  required  by  this  convention  has  been  let  to  the 
Bristol  &  Knabe  Printing  Co.  under  the  same  conditions  and 
subject  to  the  same  terms  of  payment  as  the  former  agreement 
with  the  Cheyenne  Daily  Sun. 

Very  Respectfully, 

W.  E.' CHAPLIN, 
HENRY  G.  HAY, 
J.  A.  CASEBEER. 

On  motion  the  report  of  Committee  No.  67  was  adopted. 

Mr.  Johnston  submitted  the  following  resolution  Avhich  was 
referred  to  Committee  No.  8: 

Resolved,  That,  it  is  the  sense  of  this  convention,  that  the 
effort  that  is  being  made  to  establish  a  deep  water  harbor  on 
the  Texas  coast  has  our  approbation  and  that  our  representa- 
tive at  Washington  be  requested  to  use  his  best  endeavors  to 
secure  the  building  of  such  harbor  or  harbors. 

On  motion  of  Mr.  Burritt  the  convention  went  into  com- 
mittee of  the  whole  for  the  consideration  of  the  majority  and 
minority  reports  on  the  amendment  to  File  No.  76  and  the 
general  file. 

Mr.  Riner  in  the  chair. 

TTpon  arising  the-  committee  reported  as  follows: 
Mr.  President: 

Your  committee  of  the  whole  to  whom  were  referred  the 
majority  and  minority  reports  on  the  amendments  to  File  76, 
beg  leave  to  report  with  the  following  recommendations: 

Amend  majority  report  of  Committee  No.  2  by  striking  out 
"1,400"  wherever  it  may  appear  and  inserting  in  lieu  thereof 
"1.200;"  also  by  inserting  "16"  in  lieu  of  "13"  as  the  number  of 
senators,  and  "33"  instead  of  "30"  as  the  number  of  represen- 
tatives. 

Your  committee  further  recommends  the  reconsideration  of 
the  vote  adopting  the  majority  report  of  Committee  No.  6,  also 
that  the  additional  three  representatives  be  apportioned  to  Con- 
verse, Johnson  and  Sheridan  counties,  and  that  File  No.  76,  as 
amended,  be  adopted. 

J.  A.  RINER,  Chairman. 

On  motion  the  report  was  adopted. 


JOURNAL.  83 

File  No,  7(1,  as  amended,  was  ordered  engrossed. 
The  convention  thereupon  stood  in  recess  until  3  o'clock 
p.  m. 


AFTERNOON  SESSION. 

The  convention  re-assembled  at  three  o'clock  p.  m. 

Mr.  President  in  the  chair. 

The  general  consent  committee  No.  10  submitted  the  fol- 
lowing report: 
Mr.  President: 

We,  your  committee  No.  10,  to  whom  was  referred  the  com- 
munication from  the  governor  in  regard  to  the  Deep  Water 
•Convention  do  respectfully  recommend  the  following  gentle- 
men as  delegates  from  Wyoming: 

I  Ton.  Elwood  Mead,  Cheyenne, 

Mr.  A.  V.  Quinri,  Evanston, 

Hon.  H.  A.  Coffeen,  Sheridan. 

Eespectfully  submitted, 
THOMAS  E.  EEID,  Chairman. 

On  motion  of  Mr.  I'trritt  the  report  was  adopted. 

Committee  No.  19  reported  Articles  2  and  3  prepared  for  the 
constitution. 

Mr.  Campbell  gave  the  following  notice: 
Mr.  President: 

I  hereby  give  notice  that  I  will  move  for  an  amendment  of 
the  rules  by  making  a  new  committee  to  be  known  as  a  com- 
mittee on  address  to  the  people  and  to  congress. 

Committee  No.  8  submitted  the  following  report: 

Cheyennq,  Wyo.,  Sept,  23,  1889. 
Mr.  President: 

Your  committee1  on  irrigation  having  under  consideration 
resolution  relative  to  Deep  Water  Harbors  on  the  Texas  coast 
of  the  Gulf  of  Mexico,  recommend  the  adoption  of  the  accom- 
panying resolutions. 

J.  A.  JOHNSTON,  Chairman. 

Whereas,  the  Territory  of  Wyoming  has  great  agricultural, 
mineral  and  industrial  interests  that  require  for  their  develop- 
ment, trunk  lines  of  railroads,  running  north  and  south,  and 
extending  from  the  British  Columbian  provinces  to  the  Gfulf 
of  Mexico,  thereby  opening  up  to  its  farmers,  miners,  and  arti- 
sans, additional  markets,  and  to  enable  them  to  compete  with 
the  states  nearer  the  seaboard,  and  enabling  them  to  exchange 
the  products  of  its  country  for  the  products  of  the  south. 

Whereas,  those  results  must  nnd  will  te  materially  advanced 
by  the  establishment  and  maintenance  of  a  deep  water  harbor 
or  harbors  on  the  Gulf  of  Mexico. 


84  CONSTITUTIONAL  CONVENTION. 

Now,  there-fore,  .Be  it  Kesolved  by  the  delegates  of  the  con- 
stitutional convention  of  the  Territory  of  Wyoming,  that  the 
establishment  of  a  deep  water  harbor  or  harbors  on  the  Texas* 
roast  of  the  Gulf  of  Mexico,  meets  with  the  approbation  of 
this  convention;  that  our  president  and  secretary  are  hereby 
instructed  to  forward  to  the  Deep  Water  Harbor  Convention, 
about  to  convene  in  the  city  of  Topeka,  Kansas,  a  copy  of  these 
resolutions,  and  that  they  also  furnish  a  copy  to  our  delegate 
in  congress,  the  Hon.  Joseph  M.  Carey,  accompanying  the  same 
with  the  request  that  our  delegate  use  his  best  endeavors  to 
secure  the  establishment  of  such  harbor  or  harbors. 

On  motion  the  foregoing  resolutions  were  adopted  and  re- 
ferred to  Committee  No.  19  for  engrossment. 

On  motion  the  convention  resolved  itself  into  committee 
of  the  whole  for  the  consideration  of  the  general  file. 

Mr.  Elliott  in  the  chair. 

On  arising  the  committee  made  the  following  report: 
Mr.  President: 

Your  committee  of  the  whole  having  had  under  considera- 
tion the  general  file,  beg  leave  to  report  with  the  following 
recommendations : 

That  File  No.  66  be  adopted. 

That  substitute  for  File  No.  82  be  adopted. 

That  Section  28  of  substitute  for  File  No.  50  be  adopted. 

That  substitute  for  File  No.  31  be  amended  in  section  £ 
by  striking  out  all  after  the  word  "and"  in  the  third  line,  and 
inserting  the  following,  "Common  carriers  and  as  such  must 
be  made,  by  law  to  extend  the  same  equality  and  impartiality 
to  all  who  use  them  ,excepting  employees  and  their  families, 
whether  individuals  or  corporations.'7 

And  that  said  files,  as  amended,  be  adopted. 

That  File  No.  60  be  amended  by  substituting  the  following 
for  section  4  of  said  file: 

"All  debts  and  liabilities  of  the  Territory  of  Wyoming  shall 
be  assumed  and  paid  by  this  State,"  and  that,  as  amended, 
File  No.  60  be  adopted. 

That  substitute  for  File  No.  84  be  adopted. 

That  substitute  for  Files  No.  7,  26,  27,  41,  54,  and  55  be 
made  the  special  order  for  Tuesday  afternoon,  Sept.  24th. 

And  your  committee  respectfully  asks  leave  to  sit  again. 

H.  S.  ELLIOTT,  Chairman. 

The  report  of  the  committee  of  the  whole  was  adopted,  and 
the  tiles  recommended  for  adoption  ordered  engrossed. 

The  convention  thereupon  stood  in  recess  until  7:30  o'clock 
p.  m. 


JOURNAL.  85 

EVENING  SESSION. 

The  convention  re-assembled  at  7:30  o'clock  p.  m. 

Mr.  President  in  the  chair. 

On  motion  of  Mr.  Einer  the  convention  went  into  commit- 
tee of  the  whole  for  the  consideration  of  the  general  file. 

Mr.  Johnston  in  the  chair. 

On  arising  the  committee  reported  as  follows: 
Mr.  President: 

Your  committee  of  the  whole  to  whom  was  referred  the 
general  file  beg  leave  to  report  that  the  same  has  been  duly 
considered  and  is  returned  with  the  following  recommendation: 

That  File  No.  85  be  adopted. 

And  your  committee  respectfully  report  progress  and  asks 
leave  to  sit-  a  en  in. 

J.  A.  JOHNSTON,  Chairman. 

On  motion  the  report  was  adopted  and  File  No.  85  ordered 
engrossed. 

On  molion  the  convention  adjourned  until  9  o'clock  a.  m, 
Sept,  24th. 

M.  C.  BROWN,  President. 
Attest:     JOHN  K.  JEFFREY,  Secretary. 


TWENTIETH  DAY. 

HALL  OF  THE  CONSTITUTIONAL  CONVENTION, 

CAPFIOL  BUILDING, 
Cheyenne,  Wyo.,  Sept.  24,  1889. 

The  convention  was  called  to  order  at  nine  o'clock  a.  in. 

Mr.  President  in  the  chair. 

Prayer  by  the  chaplain. 

Roll  call;  33  members  present;  absent  members  heretofore 
excused  by  the  convention. 

Journal  of  previous  session  read  and  approved. 

On  motion  of  Mr.  Riner  the  convention  resolved  itself  into 
a  committee  of  the  whole  for  the  consideration  of  the  general 
file. 

Mr.  Chaplin  in  the  chair. 

On  arising  the  committee  made  the  following  report: 
Mr.  President : 

Your  committee  of  the  whole  who  have  had  under  conside1* 
atiou  the  general  file,  beg  leave  to  report  with  the  following 
recommendations : 


85  CONSTITUTIONAL  CONVENTION. 

That  substitute  for  files  No.  11,  38,  42  and  72  "On  Corpora- 
tions" be  amended  by  substituting-  the  following  for  Sec.  ;>: 

"All  existing  charters,  franchises,  special  or  exclusive  priv- 
ilege s  under  which  an  actual  and  bona  fide  organization  shall 
not  have  taken  place  for  the  purpose  for  which,  framed  and 
which  shall  not  have  been  maintained  in  good  faith  to  the  time 
of  the  adoption  of  this  constitution  shall  thereafter  have  no 
validity." 

Add  to  Sec.  5  the  words  "Shall  be  void." 

Amend  Sec.  5  by  striking  out  the  first  part  up  to  "enacted" 
in  second  line  and  inserting  in  lieu  thereof  the  words  "No  law 
shall  be."  . 

Amend  Sec.  6  so  as  to  read  as  follows: 

Sec.  6.  No  corporation  organized  under  the  laws  of  Wyo- 
ming territory  or  any  other  Jurisdiction  than  this  state  shall 
be  permitted  to  transact  business  in  this  state,  until  it  shall 
have  accepted  the  constitution  of  this  state  and  filed  such  ac^ 
ceptance  in  accordance  with  the  laws  thereof." 

Strike  out  Section  7. 

Amend  Sec.  10  in  the  third  line  by  striking  out  the  word 
"thereon"  and  inserting  in  lieu  of  it  the  word  "thereof.'' 

Strike  out  Section  11. 

Strike  out  Section  12. 

Strike  out  Section  4. 

Amend  Sec.  1,  by  striking  out  the  first  sentence  and  insert- 
ing in  lieu  thereof  the  words: 

"The  legislature  shall  provide  for  the  organization  of  cor- 
porations by  general  laAv." 

And  your  committee  respectfully  recommends  that  said  file, 
as  amended,  be  adopted. 

W.  E.  CHAPLIN,  Chairman. 

On  motion  the  report  of  the  committee  was  adopted  and 
substitutes  for  Files  11,  38,  42  and  72,  as  amended,  was  ordered 
engrossed. 

Committee  No.  19  reported  as  follows: 
Mr.  President: 

Your  Committee  No.  19  beg  leave  to  return  herewith  Files 
No.  6f'»,  82  and  84,  and  Sec.  27  of  substitute  for  File  No.  50  as 
properly  engrossed. 

H.  E.  TESCHEMACHEK,  Chairman. 

The  convention  thereupon  stood  in  recess  until  two  o'clock 
p.  in. 


JOURNAL.  87 

AFTERNOON  SESSION. 

The  convention  reassembled  at  two  o'clock  p.  m. 

Mr.  President  in  the  chair. 

Committee  No.  19  reported  substitute  for  File  No.  76,  prop- 
erly engrossed. 

By  general  consent  Committee  No.  5  made  the  following 
report : 

Cheyenne,  Wyo.,  Sept.  24,  1889. 
Mr.  President: 

Your  Committee  No.  5,  having  had  under  consideration  Files 
No.  5,  6,  10,  23  and  04  return  the  same  and  recommend  that 
the  substitute  herewith  returned  be  incorporated  in  the  consti- 
tution including  accompanying  article  concerning  qualifications 
to  office,  etc.,  and  recommend  that  the  several  sections  therein 
contained  be  incorporated  in  the  constitution. 

Mr.  .Teschemacher  and  Mr.  Burritt  dissent  as  to  Sec.  4  of 
the  qualifications  to  office. 

JOHN  K.  JEFFREY,  Chairman. 

By  general  consent  the  substitutes  for  Files  5,  0,  10,  23  and 
64,  submitted  by  Committee  No.  5,  concerning  "Elections  and 
Qualifications  to  Office,"  was  ordered  printed. 

The  convention,  by  unanimous  consent,  proceeded  to  the 
final  reading  of  engrossed  files. 

File  No.  84,  concerning  "Boards  of  Arbitration,"  upon  final 
reading  was  amended  by  striking  out  the  words  "upon  such 
matters  and,"  in  the  seventh  and  eighth  line. 

The  yeas  and  nays  on  the  adoption  of  File  No.  84,  as  amend- 
ed, resulted  as  follows : 

Yeas — Messrs.  Baxter,  Campbell,  Casebeer,  Chaplin,  Coifeen, 
Fox,  Grant,  Hay,  Harvey,  Hoyt,  Irvine,  Jeffrey,  Johnston,  Jones, 
McCandlish,  Nickerson,  Organ,  Potter,  Reid,  Riner,  Russell, 
Smith,  Sutherland,  Teschemacher,  Yagner  and  Mr.  President — 
26. 

Nays — Mr.  Burritt — 1. 

Absent — Messrs.  Baldwin,  Barrow,  Burdick,  Butler,  ('lark, 
Conaway,  Downey,  Elliott,  Ferris,  Foote,  Frank,  Hoi  den,  Hop- 
kins, Knight,  Meriough,  Morris,  McGill,  Palmer,  Preston,  Scott, 
Richards — 21. 

Thereupon  the  president  announced  that  the  convention  had 
adopted  File  No.  84,  as  amended,  to  be  incorporated  in  the  con- 
stitution. 

The  convention  having  ordered  the  final  reading  of  File  No. 
66  "Concerning  Chinese  Labor,"  the  yeas  and  nays  were  taken 
on  its  adoption,  with  the  following  result : 

Yeas — Messrs.  Baxter,  Burritt,  Campbell,  Chaplin,  Clark, 
Coffeen,  Grant,  Hay,  Harvey,  Hoyt,  Jeff  rev,  Jones,  Morgan, 
McCandlish,  Nickerson,  Organ,  Potter,  Reid,  Riner,  Russell, 


88  CONSTITUTIONAL  CONVENTION. 

Smith,  Sutherland,  Tescheniacher,  Vagner,  Mr.  President— 25. 

Nays — Messrs.  Foote,  Fox,  Irvine,  Johnston — 4. 

Absent — Messrs.  Baldwin,  Barrow,  Burdick,  Butler,  Case- 
beer,  Conaway,  Downey,  Elliott,  Ferris,  Frank,  Holden,  Hop- 
kins, Knight,  Menough,  Morris,  McGill,  Palmer,  Preston,  Rich- 
ards,  Scott— 20. 

The  president  announced  that  the  convention  had  adopted 
File  No.  06,  to  be  incorporated  in  the  constitution. 

Sec.  27  of  substitute  for  File  No.  50,  "Concerning,  Arbitra- 
tion," having  been  finally  read,  the  yeas  and  nays  on  its  adop- 
tion resulted  as  follows: 

Yeas — Messrs.  Burritt,  Campbell,  Chaplin,  Clark,  Coffeen, 
Fox,  Grant,  Hay,  Hoyt,  Jeffrey,  Johnston,  Jones,  Morgan,  Mc- 
Candlish,  Nickerson,  Organ,  Potter,  Reid,  Riner,  Russell,  Smith, 
Sutherland,  Tescheniacher,  Vagner — 24. 

Nays — Messrs.  Baxter,  Foote,  Harvey,  Irvine,  Mr.  Presi- 
dent— 5. 

Absent — Messrs.  Baldwin,  Barrow,  Burdick,  Butler,  Case- 
beer,  Downey,  Elliott,  Ferris,  Frank,  Holden,  Hopkins,  Knight, 
Menough,  Moirris,  McGill,  Palmer,  Preston,  Richards,  Scott — 20 

Thereupon  the  president  announced  that  the  convention 
had  adopted  Sec.  27  of  substitute  for  File  No.  50,  to  be  incor- 
porated in  the  constitution. 

File  No.  76,  "Concerning  Apportionment,"  having  been 
finally  read,  the  yeas  and  nays  on  its  adoption  resulted  as  fol- 
lows : 

Yeas — Messrs.  Baxter,  Burritt,  Campbell,  Chaplin,  Coffeen, 
Fox,  Grant,  Harvey,  Hoyt,  Irvine,  Jeffrey,  Johnston,  Jones, 
Morgan,  McCandlish,  Nickerson,  Organ,  Potter,  Preston,  Reid, 
Russell,  Smith,  Sutherland,  Tescheniacher,  Vagner,  Mr.  Presi- 
dent—26. 

Nays — Messrs.  Clark,  Hay,  Foote  and  Riner — 4. 

Absent — Messrs.  Baldwin,  Barrowr,  Burdick,  Butler,  Case- 
beer,  Conaway,  Downey,  Elliott,  Ferris,  Frank,  Holden,  Hop- 
kins, Knight,  Menough,  Morris,  McGill,  Palmer,  Richards,  Scott 
—19. 

The  president  thereupon  announced  that  the  convention 
had  adopted  File  No.  76,  on  apportionment,  to  be  incorporated 
in  the  constitution. 

File  No.  76,  concerning  "Legislative  Department,"  on  be- 
ing taken  up  for  final  reading  was  amended  in  Section  2  by 
striking  out  the  words  "except  as  otherwise  provided  in  this 
constitution." 

On  motion  of  Mr.  Coffeen,  Section  3  was  amended  by  add- 
ing at  the  beginning  of  said  section  the  following: 

"Each  county  shall  constitute  a  senatorial  and  representa- 
tive district." 

On  motion  of  Mr.  Riner,  Section  6  was  amended  by  striking 
out  "120"  in  the  tenth  and  eleventh  line,  and  inserting  "90" 


JOURNAL  89 

in  lieu  thereof  ,  also  by  striking  out  "60"  in  the  eleventh  line 
and  inserting  "40''  in  lieu  thereof. 

On  motion  of  Mr.  Smith,  Sec.  17  was  amended  by  striking 
out  the  wqrds  "or  lieutenant  governor." 

On  motion  of  Mr.  Smith  Sec.  10  was  amended  by  striking 
•out  the  words  "pro  tempore." 

On  motion  of  Mr.  Campbell,  Sec.  22  was  amended  by  strik- 
ing out  "ten,"  in  the  fourth  line,  and  inserting  instead  the 
word  "'five." 

On  motion  of  Mr.  Campbell,  Sec.  30  was  amended  by  strik- 
ing out  all  of  said  section  after  the  word  "made"  in  the  sixth 
line. 

.  File  No.  76,  on  Legislative  Department,  having  been  finally 
Tead,  as  amended,  the  yeas  and  nays  on  its  adoption  resulted 
as  follows: 

Yeas — Messrs.  Baxter,  Campbell,  Casebeer,  Chaplin,  Clark, 
Foote,  Fox,  Grant,  Hay,  Harvey,  Holden,  Hoyt,  Irvine,  Jeffrey, 
Johnston,  Jones,  Morgan,  MeCandlish,  Niekerson,  Organ,  Pot- 
ter, Keid,  Riner,  K'issell,  Smith,  Sutherland,  Teschemacher, 
Vagner— 28. 

Nays — Messrs.  Burritt,  Coffeen,  Elliott,  Preston,  Mr.  Pres- 
ident— 5. 

Absent — Messrs.  Baldwin,  Barrow,  Burdick,  Butler,  Cona- 
way,  Downey,  Elliott,  Frank,  Hopkins,  Knight,  Menough,  Mor- 

McGill,  Palmer,  Richards,  Scott — 16. 

Tlit-  preident  thereupon  announced  that  the  convention  had 
adopted  File  No.  76,  concerning  "Legislative  Department,"  to 
1)e  incorporated  in  the  constitution. 

The  several  files  finally  adopted  were  referred  to  Committee 
No.  19. 

On  motion  of  Mr.  Potter  the  convention  resolved,  itself  into 
•a  committee  of  the  w^hole  for  the  consideration  of  the  special 
order,  being  substitutes  for  Files  No.  7,  26,  27,  41,  54  and  55, 
on  "Taxation  and  Revenue." 

Mr.  Burritt  in  the  chair. 

On  arising  the  committee  made  the  following  report : 
Mr.  President: 

your  Committee  of  the  Whole  to  whom  was  referred  the 
special  order,  being  substitute  for  Files  7,  26,  27,  41,  51  and 
o5,  beg  leave  to  report  progress  and  ask  leave  to  sit  again. 

CHARLES  H.  BURRITT,  Chairman. 

JOHN  K.  JEFFREY, 
F.   H.   HARVEY, 
W.  C.  IRVINE, 
A.    L.    SUTHERLAND. 

On  motion  File  No.  80,  by  Committee  No.  18,  "Schedule," 
•was  ordered  printed. 

The  convention  thereupon  stood  in  recess  imtil  7:30 
•o'clock  D.  m. 


90  CONSTITUTIONAL  CONVENTION. 

The  convention  reassembled  at  7:30  o'clock  p.  m. 

The  president  in  the  chair. 

The  president  announced  as  a  ruling  that  the  propositions 
finally  adopted  by  this  convention  will  remain  in  charge  of  the 
committee  on  revision  until  they  are  incorporated  in  the  con- 
stitution and  considered  as  a  whole. 

Mr.  Johnson  move*!  that  the  convention  resolve  itself  into 
a  committee  of  the  whole  for  the  consideration  of  the  special 
order. 

Mr.  Bnrritt  in  the  chair. 

Upon  arising  the  committee  made  the  following  report: 
Mr.  President: 

Your  committee  of  the  whole  having  had  under  considera- 
tion the  special  order,  being  substitute  for  Files  No.  7,  26,  27, 
41,  54  and  55,  "concerning  taxation  and  revenue,"  beg  leave  to 
report  progress  and  ask  leave  to  sit  acjain. 

CHARLES  H.  BUEU.ITT  Chairman. 

On  motion  the  report  was  adopted. 

The  convention  thereupon  adjourned  until  9  o'clock  a.  m.,, 
Sept.  25th. 

M.  C.  BKOWN,  President. 
Attest:     J.  K.  JEFFKEY,  Secretary. 


TWENTY-FIRST  DAY. 

HALL  OF  THE  CONSTITUTIONAL  CONVENTION,  \ 

CAPITOL  BUILDING,  > 
Cheyenne,  Wyo.,  Sept.  25,  1889.  )< 

The  convention  was  called  to  order  at  0  o'clock  a.  m.. 

Mr.  President  in  the  chair. 

Grayer  by  the  chaplain. 

Journal  of  previous  session  read  and  approved. 

Mr.  Organ  was  excused  from  attendance  for  the  day. 

Committee  No.  19  submitted  the  following  report: 
Mr.  President: 

Your  Committee  No.  19  beg  leave  to  return  Files  No.  85,. 
substitute  for  Files  No.  11,  38,  42  and  72.  File  No.  60,  and  sub- 
stitute for  File  No.  31,  properly  engrossed. 

H.  E.  TESCHEMACHEK,  Chairman.. 

FINAL  READING. 

The  convention  proceeded  to  the  final  reading  of  en- 
grossed files. 

File  No.  82,  "concerning  police  powers,"  having  been  finally 
read,  the  yeas  and  nays  on  its  adoption  resulted  as  follows: 


JOURNAL. 


91 


Yeas:  Messrs.  Baxter,  Biirritt,  Campbell,  Chaplin,  (Mark, 
Colleen,  KlHott,  Foot,  Fox,  Grant,  Hay,  Harvey,  Holden,  Hoyt, 
Irvine,  Jei'frey,  Johnston,  Jones,  Morgan,  McCandlish,  Xirker- 
son,  Palmer,  Potter,  Preston,  Reid,  Russell,  Smith,  Sutherland, 
Teschemacher,  Vainer,  Mr.  President. — 31. 

Nays:  None. 

Absent:  Messrs.  Baldwin,  Barrow,  Burdick,  Butler,  Case- 
beer,  Conaway,  Downey,  Ferris,  Frank,  Hopkins,  Knight,  Me- 
nou.i?b,  Morris,  McGill,  Organ,  Richards,  Riner,  Scott — 18. 

The  president  thereupon  announced  that  the  convention  had 
adopted  File  No.  82,  "concerning  police  powers,"  as  a  part  of 
the  constitution. 

Substitute  for  File  No.  31,  "concerning  railroads,"  was,  on 
final  reading,  on  motion  of  Mr.  Clark,  amended  in  Sec.  2  by 
inserting  after  the  word  "families"  in  the  tenth  line  the  words' 
"ministers  of  the  gospel." 

Substitute  for  File  No.  31  having  been  finally  read,  as 
amended,  the  yeas  and  nays  on  its  adoption  resulted  as  fol- 
lows : 

Yeas:  Messrs.  Baxter,  Burritt,  Campbell,  Clark,  Coffeen, 
Elliott,  Foot,  Fox,  Grant,  Hay,  Harvey,  Holden,  Hoyt,  Irvine. 
Jeffrey,  Johnston,  Jones,  Morgan,  McCandlish,  Nickerson,  Pot- 
ter, Preston,  Reid,  Russell,  Smith,  Sutherland,  Teschemacher, 
Vagner,  Mr.  President — 29. 

Nays:  None. 

Absent:  Messrs.  Baldwin,  Barrow,  Burdick,  Butler,  Case- 
beer,  Chaplin,  Conaway,  Downey,  Ferris,  Frank,  Hopkins, 
Knight,  Menough,  Morris,  McGill;  Organ,  Palmer,  Richards, 
Riner,  Scott— 20. 

The  president  thereupon  announced  that  the  convention 
had  adopted  subsfitue  for  File  No.  31  as  amended,  as  a  part  of 
the  constitution. 

File  No.  60,  "concerning  federal  relations,"  having  been 
finally  read,  the  yeas  and  nays  on  its  adoption  resulted  as  fol- 
lows: 

Yeas:  Messrs.  Baxter,  Burritt,  Campbell,  Clark,  Coffeen, 
Elliott,  Foot,  Fox,  Grant,  Hay,  Harvey,  Holden,  Hoyt,  Irvine, 
Jeffrey,  Johnston,  Jones,  Morgan,  McCandlish,  Nickerson, 
Potter,  Preston,  Reid,  Russell,  Smith,  Sutherland,  Teschema- 
cher, Vagner,  Mr.  President — 29. 

Nays:  None. 

Absent:  Messrs.  Baldwin,  Barrow,  Burdick,  Butler,  Case- 
beer,  Chaplin,  Conaway,  Downey,  Ferris,  Frank,  Hopkins, 
Knight,  Menough,  Morris,  McGili,  Organ,  Palmer,  Richards, 
Riner,  Scott— 20. 

The  president  thereupon  announced  that  the  convention  had 
adopted  File  No,  f>0.  "on  federal  relations,"  as  a  part  of  the  con- 
stitution. 

File  No.  85.  "concerning  labor,"  was  on  final  reading  amend- 
ed by  striking  out  the  words  "no  more  than." 


93 


CONSTITUTIONAL  CONVENTION. 


File  No.  So  ns  amended  having  been  finally  read  the  yeas 
and  nays  on  its  adoption  resulted  as  follows: 

Yeas:  Messrs.  Baxter,  Bnrritt,  Campbell,  Clark,  Coffeen, 
Elliott,  Foote,  Grant,  Hay,  Holden,  Hopkins,  Hoyt,  Jeffrey, 
Johnston,  Jones,  Morgan,  McCandlish,  Nickerson,  Palmer, 
Potter,  Preston,  Eeid,  Biner,  Bnssell,  Smith,  Sutherland,  Tescn- 
emacher,  Vaguer,  Mr.  President — 29. 

Nays:  Messrs.  F<-x.  Harvey,  Irvine — 3. 

Absent:  Messrs.  Baldwin,  Barrow,  Burdick,  Butler,  Case- 
beer,  Chaplin,  Conawny,  Downey,  Ferris,  Frank,  Knight,  Me- 
nough,  Morris,  McGill,  Organ,  Richards,  Scott — 17. 

The  president  announced  that  the  convention  had  adopted 
File  No.  84,  "concerning  labor,"  as  amended,  as  a  part  of  the 
constitution. 

Substitute  for  Files  No.  It,  38,  42  and  72,  '-on  corporations" 
•was,  OK  final  reading  amended  by  striking  out.  Sec.  11. 

After  being  finally  read  as  amended  the  yeas  and  nays  on 
its  adoption  resulted  as  follows: 

Yeas:  Messrs.  Baxter,  Burnt t,  Campbell,  Clark,  Coffeen, 
Elliott,  Foote,  Fox,  Grant,  Harvey,  Holden,  Hopkins,  Hoyt, 
Jeffrey.  Jones,  Morgan,  McCandlish,  Nif:k(-n*soii,  Palmer,  Pres- 
ton, Reid,  Russell,  Smith,  Sutherland,  Vainer,  Mr.  Presi- 
dent—2(». 

Nays:  Messrs.  Hay,  Irvine,  Johnston,  Potter,  Riner,  Tesch- 
emacher — 6. 

Absent:  Messrs.  Baldwin,  Barrow,  Burdick,  Butler,  Case- 
beer,  Chaplin,  Conaway,  Downey,  Ferris,  Frank,  Knight,  Me- 
nough,  Morris,  McGill,  Organ,  Richards,  Scott — 17. 

The  president  thereupon  announced  that  the  convention 
had  adopted  substitute  for  Files  Nos.  11,  3&,  42  and  72  as  a 
part  of  the  constitution. 

The  convention  then  went  into  Committee  of  the  Whole  for 
the  consideration  of  substitute  for  Files  Nos.  7,  26,  27,  41,  54 
find  55  on  "Taxation  and  Revenue." 

Mr.  Johnston  in  the  chair. 

On  arising  the  committee  made  the  following  report : 
Mr.  President: 

Your  Committee  of  the  Whole  having  had  under  consid- 
eration substitute  for  Files  No.  7,  26,  27,  41,  54  and  55,  on 
•"Taxation  and  Revenue,"  beg  leave  to  report  progress  and 
ask  leave  to  sit  again. 

J.  A.  JOHNSTON,  Chairman. 

The  report  of  the  Committee  of  the  Whole  was  adopted. 
On    motion    the    convention    stood    in    recess    until    two 
o'clock  p.  m. 


JOURNAL.  C)^ 

AFTERNOON  SESSION. 

Tht1  convention  re-assembled  at  two  o'clock  p.  m. 

Mr.  President  in  the  chair. 

Mr.  Smith,  by  general  consent,  presented  the  following 
resolution,  which  was  unanimously  adopted. 

Resolved,  That  this  convention  gratefully  acknowledges 
the  services  of  Justice  W.  P.  Carroll,  in  attending1  this  body 
whenever  called  upon  to  administer  the  oath  of  office  to  its 
members  and  officers. 

Resolved,  That  the  secretary  be  instructed  to  transmit  a 
copy  of  this  resolution  to  Mr.  Carroll. 

On  motion  of  Mr.  Burritt  the  convention  went  into  com- 
mittee of  the  Whole. 

Mr.  Johnston  in  the  chair. 

When  the  committee  arose  it  made  the  following  report: 
Mr.  President: 

Your  Committee  of  the  Whole  having  had  under  consid- 
eration substitute  for  Files  No.  7,  26,  27,  41,  54  and  55  on  "Tax- 
ation and  Revenue,"  beg  leave  to  report  with  the  following 
recommendations : 

Substitute  the  following  for  Sec.  3  and  5: 

Sec.  3.  All  mines  and  mining  claims  from  which  gold,  sil- 
ver, and  other  precious  metals,  soda,  saline,  coal,  mineral  oil 
oi-  other  valuable  deposit  is  or  may  be  produced  shall  be  taxed, 
in  addition  to  the  surface  improvements,  and  in  lieu  of  taxes 
on  the  lands,  on  the  gross  product  thereof  as  may  be  pre- 
scribed by  law.  Provided,  That  the  product  of  all  mines  shall 
be  taxed  in  proportion  to  the  value  thereof. 

Amend  Sec.  4  by  striking  out  all  aftefr  the  word  "value" 
in  the  fourth  line. 

Amend  Sec.  6  by  inserting  in  third  line,  after  the  word 
"educational"  the  words  "and  charitable." 

Amend  Sec.  8  by  striking  out  in  the  first  line  the  word 
"six"  and  inserting  "ei^ht"  in  lieu  thereof. 

Strike  out  Section  9. 

Amend  Sec.  10  by  inserting  in  second  line  after  the  words 
"therein"  the  words: 

"Except  as  herein  otherwise  provided." 

Amend  Sec.  11  by  inserting  in  second  line,  after  the  word 
"money"  the  words  "or  other  public  fund." 

Amend  Sec.  12  by  adding  to  said  section  the  words  "of 
state." 

Amend  Sec.  1.3  by  adding  the  words  "and  such  other  du- 
ties as  may  be  prescribed  by  law." 

That  Sec.  1.3  and  14  be  re-referred  to  Committee  No.  11. 

Amend  Sec.  15  by  striking  out  all  after  the  word  "prop- 
erty" in  the  third  line,  arid  insert  in  lieu  thereof,  the  words 
"as  the  legislature  may  by  general  law  provide." 

Strike  out  Sec.  17. 


-94 


CONSTITUTIONAL  CONVENTION. 


That  amendments  offered  by  Messrs.  Hay  and  Potter  be 
referred  to  Committee  No.  11. 

J.  A.  JOHNSTON,  Chairman. 

On  motion  the  report  was  adopted. 

The     convention     thereupon     stood    in    recess    until    7:30 
o'clock  p.  in. 


EVENING   SESSION. 

The  convention  reassembled  at  7:30  o'clock  p.  m. 

Mr.  President  in  the  chair. 

On  motion  of  Mr.  Teschemacher,  the  convention  resolved 
itself  into  a  Committee  of  the  Whole  for  the  consideration 
of  the  general  file. 

Mr.  Johnston  in  the  chair. 

When  the  committee  arose  it  submitted  the  following  re- 
port : 
Mr.  President: 

Yoor  Committee  of  the  Whole  to  whom  was  referred  the 
general  file,  beg  leave  to  report,  with  the  following  recommen- 
dations: 

That  substitutes  for  Files  Nos.  7,  26,  27,  41,  54  and  55, 
subdivision  on  Public  Indebtedness,  be  amended  in  Sec.  2  and 
4  by  inserting  in  first  line  after  the  word  "debt''  the 'words 

•  "in  excess  of  the  taxes  for  the  current  year." 

Strike  out  in  Sec.  5,  in  the  seventh  line,  the  words  "water 
works  and,"  and  add  at  the  end  of  said  section:  "Debts  con- 
tracted for  supplying  water  to  such  city  or  town  are  excepted 
from  tfte  operation  of  this  section." 

Amend  Sec.  7  by  striking  out  in  fifth  line  the  Avords  "nor 
shall"  and  insert  in  the  fifth  line,  after  the  word  "state,"  the 
words  "shall  not." 

Amend  said  file,  subdivision  on  Taxes  and  Revenue,  by 
substituting  the  following  for  Sec.  13. 

Section  13.  That  the  duties  of  the  state  board  shall  be  as 
follows:  To  fix  a  valuation  each  year  for  the  assessment  of  live 
stock  and  to  notify  the  several  county  boards  of  equilir/ntion 
of  the  rate  so  fixed  at  least  ten  days  before  the  date  fixed  for 
beginning  assessments;  to  assess  at  their  actual  value,  the 
franchises,  -roadway,  roadbed,  rails  and  rolling  stock  and  alt 
other  property  used  in  the  operation  of  all  railroads,  and  other 
common  carriers,  except  machine  shops,  rolling  mills  and  ho- 
tels in  this  state.  Such  assessed  valuation  shall  be  apportioned 
to  the  counties  in  which  said  roads  and  common  carriers  are  lo- 
cated, as  a  basis  of  taxation  for  such  property.  Provided  that 
the  assessment  so  made  shall  not  apply  to  incorporated  towns 
and  cities;  said  board  shall  also  have  power  to  equalize  the 
valuation  on  all  property  in  the  several  counties  for  the  state 

•  revenue  and  such  other  duties  as  may  be  prescribed  by  law. 


JOURNAx. 


95 


That  the  following  be  substituted  for  Sec.  14  of  said  file: 

Sec.  14.  All  property,  except  as  in  this  constitution  Bother- 
wise  provided,  shall  be  uniformly  assessed  for  taxation  and 
the  legislature  shall  prescribe  such  legislation  as  shall  secure 
,a  just  valuation  for  of  all  property,  real  and  personal. 

AJH!  your  committee  recommends  that  said  substitutes  for 
Files  No!  7,  26,  27,  41,  54  and  55  be  adopted  as  amended. 

That  File  No.  88,  on  '-preamble/'  be  amended  in  Sec.  5  by 
•striking  out  all  after  the  word  "debt"  in  the  first  line. 

Amend  Sec.  6  by  striking  out  the  words  "or  in  any  mannejr 
destroyed11  in  the  second  line. 

Amend  Sec.  10  by  striking  out  the  word  "or"  in  the  second 
line  and  inserting  the  word  "and"  in  lieu  thereof;  also  by 
striking  out  the  word  "desired"  in  the  fourth  line, 

Strilve  out  in  Sec.14  in  the  first  line  the  word  "unless"  and 
insert  "except"  in  lieu  thereof. 

Strike  out  in  Sec.  15  the  last  five  words. 

Strike  out  in  Sec.  1.8  in  line  4  thci  words  "on  account  of  his 
belief  in  God  or  the  non-existence  of  God,  nor." 

Strike  out  the  last  seven  Avords  in  Sec.  28. 

And  that  said  File  No.  88  be  adopted  as  amended. 

J.  A.  JOHNSTON,  Chairman. 

On  motion  the  report  of  the  committee  was  adopted 

The  convention  ordered  the  engrossment  of  substitute  for 
Mies  No.  7,  2G,  27,  41,  54  and  55  and  the  printed  File  No.  88  as 
amended  to  be  considered  the  engrossed  file. 

On  motion  of  Mr.  Chaplin  the  conATention  adjourned  until 
9  o'clock  a.  m.  Sept.  26th. 

M.  C.  BKOWN,  President. 

Attest:     JOHN  K.  JEFFREY,  Secretary. 


TWENTY-SECOND  DAY 

HALT.  OF  THE  CONSTITUTIONAL  CONVENTION,  \ 

CAPITOL  BUILDING,  > 
Cheyenne,  Wyo.,  Sept.  26,  1889.  ) 

The  convention  Avas  called  to  order  at  9  o'clock  a.  m. 

Mr.  President  in  the  chair. 

Prayer  by  the  chaplain. 

Roll  call;  31  members  present. 

Journal  of  previous  session  read  and  approved. 

FINAL  READING. 

File  No.  88  "on  preamble"  on  final  reading  was  amended} 
on  motion  of  Mr.  Harvey,  'by  adding  to  Sec.  5  the  words  "except 
in  cases  of  fraud." 


96  CONSTITUTIONAL  CONVENTION 

Ctyi  motion  of  Mr.  Campbell  Sec.  10  was  amended  in  the 
third  line  by  striking  out  the  words  "to  meet  the  witnesses 
opposed  face  to  face"  and  inserting  in  lieu  thereof  the  words 
•'to  be  confronted  with  the  witnesses  against  him." 
third  line  by  striking  out  the  words  "to  be  confronted  with 
the  witness  against  him." 

On  motion  of  Mr.  Burritt  the  following  substitute  for  Sec. 
6  was  adopted: 

Sec.  6.  No  person  shall  be  deprived  of  life,  liberty  or  prop- 
erty without  due  process  of  law. 

File  No.  88,  on  preamble,  as  amended,  having  been  finally 
read  the  yeas  and  nays  on  its  adoption  resulted  as  follows: 

Yeas:  Messrs.  Baxter,  Campbell,  Casebeer,  Chaplin,  Clark,. 
Colleen,  Foote,  Fox,  Grant,  Hay,  Harvey,  Hold  en,  Hopkins, 
Hoyt,  Jeffrey,  Johnston,  Jones,  Morgan,  McCandlish,  Nicker- 
son.  Organ, '  Palmer,  Potter,  Preston,  Reid,  Riner,  Russell,. 
Smith,  Sutherland,  Teschemacher,  Mr.  President — 31. 

Nays:  None. 

Absent:  Messrs.  Baldwin,  Barrow,  Burdick,  Burritt,  Butler, 
Conaway,  Downey,  Elliott,  Ferris,  Frank,  Irvine,  Knight,  Me- 
nough,  Morris,  McGill,  Richards,  Scott,  Vagner — 18. 

The  president  thereupon  announced  that  the  convention^ 
had  adopted  File  No.  88  as  amended,  as  a  part  of  the  constitu- 
tion. 

Mr.  Reid  gave  the  following  notice: 

I  desire  to  offer  a  proposition  relative  to  appeals  from  com- 
pulsory boards  of  arbitration,  and  move  that  it  be  referred  to* 
the  committee  of  the  whole. 

So  ordered. 

Committee  No.  4  submitted  the  following  report: 
Mr.  President: 

Your  Committee  No.  4,  on  judiciary,  to  whom  was  referred 
File  No.  24,  herewith  return  the  same  with  the  recommenda- 
tion that  the  same  be  not  adopted,  the  convention  not  having 
provided  for  an  attorney  general. 

We  also  return  File  No.  4  with  the  recommendation  that  it 
be  not  adopted,  a  substitute  therefor  having  been  submitted" 
and  adopted. 

C.  N.  POTTER,  Acting  Chairman. 

On  motion  the  convention  resolved  itself  into  a  committee 
of  the  whole  for  the  consideration  of  the  general  file. 

Mr.  Elliott  in  the  chair. 

On  arising  the  committee  reported  progress  and  asked! 
leave  to  sit  again. 

The  report  was  adopted. 

The  convention  then  stood  in  recess  until  2  o'clock  p.  in.. 


JOURNAL 


AFTERNOON  SESSION. 


97 


The  convention  reassembled  at  2  o'clock  p.  m. 
Mr.  President  in  the  chair. 

By  gem  ral  consent  Committee  No.  15  submitted  the  follow- 
ing majority  and  minority  reports: 

MAJORITY  REPORT. 

Cheyenne,  Wyo.,  Sept,  25.  1889. 
Mr.  President: 

Your  Committee  No.  15,  to  whom  was  referred  Files  No. 
(5.1,  05,  80  and  83,  after  due  consideration  of  the  same  beg  leave 
to  return  them  all  herewith  the  recommendation  that  none 
of  them  be  adopted. 

We  submit  a  substitute  which  we  recommend  to  the  favor- 
able consideration  of  the  convention. 

HENRY  G.  HAY, 
JOHN  N.   McCANDLISH. 

MINORITY  REPORT. 

Cheyenne,  Wyo.,  Sept.  26,  1889. 
Mr.  President: 

Your  Committee  No.  15,  to  whom  was  referred  Files  No. 
Gl,  65,  80  and  83,  respectfully  return  the  same  with  the  recom- 
mendation that  they  be  not  adopted,  the  propositions  therein 
contained  being  incorporated  in  a  substitute  herewith  submit- 
ted for  your  consideration. 

F.  M.  FOOTE,  Chairman. 

On  motion  the  two  propositions,  being  substitutes  for  Files 
No.  61,  65,  80  and  83,  submitted  by  Committee  No.15,  were  or- 
dered printed. 

Mr.  Fox  moved  to  go  into  committee  of  the  whole.  So  or- 
dered. 

Mr.  Elliott  in  the  chair. 

When  the  committee  arose  the  convention,  on  motion  of  Mr. 
Elliott,  stood  in  recess  until  7:30  o'clock  p.  m. 


EVENING  SESSION. 

The  convention  reassembled  at  7:30  o'clock  p.  m. 
Mr.  President  in  the  chair. 
Committee  No.  7  made  the  following  report: 
Mr.  President: 

Your  Committee  No.  7  herewith  return  Sec.  24  of  substitute 
for  Files  No.  58,  28  and  8,  and  the  amendments  thereto,  ad- 
justed as  ordered  by  the  convention. 

JOHN  W.  HOYT,  Chairman. 
7 


98 


CONSTITUTIONAL  CONVENTION. 


The  amendment  reported  by  Committee  No.  7  was  referred 
to  the  general  file. 

On  motion  of  Mr.  Fox  the  convention  went  into  committee 
of  the  whole  for  the  consideration  of  the  general  file. 

Mr.  Elliott  in  the  chair. 

On  arising  the  committee  made  the  following  report: 
Mr.  President: 

Your  committee  of  the  whole,  to  whom  was  referred  the 
general  file,  beg  leave  to  report  with  the  following  recom- 
mendations : 

Amend  substitute  for  Files  No.  59,  28  and  8,  "on  education 
and  public  institutions"  by  substituting  the  folloying  for  Sec.  1 : 

"Sec.  1.  The  legislature  shall  provide  for  the  establishment 
and  maintenance  of  a  complete  and  uniform  system  of  public 
instruction,  embracing  free  elementary  schools  of  every  need- 
ed kind  and  grade,  a  university  with  such  technical  and  pro* 
fessional  departments  as  the  public  good  may  require,  and 
the  means  of  the  state  allow,  and  such  other  institutions  as 
may  be  necessary."  i 

Strike  out  Section  3. 

Substitute  the  following  for  Sec.  6: 

"Sec.  6.  All  fines  and  penalties  under  general  laws  of  the 
state  shall  belong  to  the  public  school  fund  of  the  respective, 
counties,  and  to  be  paid  to  the  custodian  of  such  funds  for  the 
current  support  of  the  public  schools  therein." 

Amend  Sec.  17  by  striking  out  the  words  "as  the  crowning 
educational  institutions  in  the  state." 

Amend  Sec.  18  by  striking  out  in  the  first  line  the  words 
"under  direction  of  the  legislature"  and  inserting  in  lieu  there- 
of the  words  "the  legislature  shall  provide  by  law  for  the  man- 
agement of,"  also  by  striking  out  the  last  sentence  of  said  sec- 
tion. 

Also  by  inserting  in  second  line  after  the  words  "consisting 
of  the  words  "not  less  than." 

Amend  Sec.  19  by  striking  out  all  of  said  section  commenc- 
ing with  the  word  "consisting"  in  the  fourth  line  up  to  and  in- 
cluding the  word  "and"  in  the  eighth  line. 

Amend  Sec.  20  by  inserting  in  line  5  after  the  word  "in" 
the  words  "the  last  preceding." 

Amend  Sec.  22  by  inserting  after  the  word  "buildings"  in 
the  first  line  the  words  "and  other  property." 

Strike  out  "sacred"  in  third  line  Sec.  7.  Also  in  first"  line 
the  word  "educational"  and  insert  "public  school."  Also  in 
seventh  line  strike  out  "on  U.  S.  securities"  and  insert  "of 
the  United  States." 

Amend  Sec.  8  by  striking  out  in  the  first  line  the  word 
"above"  and  inserting  after  the  word  "mentioned"  the  words 
"in  the  preceding  section." 

Strike  out  in  third  line  "school  district"  and  insert  "county." 

Amend  Sec.  9  by  striking  out  in  the  sixth  line  the  word 
"five"  and  inserting  "three"  in  lieu  thereof. 


JOURNAL.  99 

Amend  Sec.  10  by  inserting  the  word  "such"  after  the  word 
*'mako"  in  the  first  lino. 

That  the  following  substitute  for  Sec.  1(>  bo  adopted: 

The  establishment  of  the  University  of  Wyoming  is  hereby 
confirmed,  and  said  institution,  wilh  its  several  departments, 
Is  hereby  declared  the  T'niversity  of  the  State  of  Wyoming. 
All  lands  which  may  have  been  heretofore  granted  or  which 
may  be  hereafter  granted  by  congress  unto  the  university  as 
•such,  or  in  aid  of  the  instruction  to  be  given  in  any  of  its  depart- 
ments, with  all  other  grants,  donations  and  devises  for  said 
•university,  or  for  any  of  its  departments,  shall  vest  in  said  uni- 
versity, and  be  exclusively  used  for  the  purposes  for  which  they 
were  granted,  donated  or  devised. 

The  said  lands  may  be  leased  on  terms  approved  by  the 
land  commissioners,  but  mat'  not  be  sold  on  terms  not  approved 
by  congress. 

Add  the  following  section: 

Sec.  4.  The  legislature  shall  have  no  power  to  change  or  to 
locate  the  seat  of  government,  the  state  university,  the  insane 
asylum,  or  state  penitentiary,  but  may  after  the  expiration  of 
ten  (1 0)  years  after  the  adoption  of  this  constitution  provide  by 
law  for  submitting  the  question  of  the  permanent  location 
thereof  respectively  to  the  qualified  electors  of  the  state  at 
«ome  general  election,  and  a  majority  of  all  votes  upon  said 
xjnestion,  cast  at  said  election  shall  be  necessary  to  determine 
the  location  thereof;  Provided,  That  for  said  period  of  ten  years 
and  until  the  same  shall  respectively  have  been  permanently 
located  as  herein  provided,  the  location  of  the  seat  of  govern- 
ment and  said  institutions  shall  be  as  follows: 

The  seat  of  government  shall  be  located  at  the  city  of  Chey- 
enne, in  the  county  of  La  ramie. 

The  state  university  shall  be  located  at  the  city  of  Lara- 
mie,  in  the  county  of  Albany. 

The  insane  asylum  shall  be  located  at  the  town'of  Evans- 
ton,  in  the  county  of  TTinta. 

The  penitentiary  shall  be  located  at  the  city  of  Bawlins.  in 
the  county  of  Carbon,  but  the  legislature  may  by  law  provide 
that  said  penitentiary  may  be  converted  to  other  public  uses. 

The  legislature  shall  not  locate  any  other  public  institu- 
tions except  under  general  laws  and  by  vote  of  the  people. 

And  that  substitute  for  Files  Xo.  59,  28  and  8  be  adopted 
us  amended. 

Your  committee  further  recommends: 

That  File?sTo.  80,  "on  public  lands  and  donations,"  be  amend- 
ed as  follows: 

Insert  in  Sec.  1  after  the  word  bidder"  in  the  sixth  line 
the  following:  "After  having  been  duly  appraised  by  the  land 
commissioner  at  not  less  than  three-fourths  of  the  appraised 
value  thereof." 

Also  insert  after  the  word  "acre"  in  the  seventh  line  the  fol- 
lowing: "Provided  that  in  case  of  actual  and  bona  fide  settle- 


ICO  CONSTITUTIONAL  CONVENTION. 

ment  and  improvement  thereon  at  the  time  of  the  adoption  of 
this  constitution,  such  actual  settler  shall  have  the  privilege  of 
purchasing  the  land  whereon  he  may  have  settled  not  exceeding 
IfiO  lucres,  at  a  sum  not  less  than  the  appraised  value  thereof, 
and  in  making  such  appraisement  the  value  of  improvements 
shall  not  be  taken  into  consideration." 

Amend  Sec.  4  by  striking  out  the  word  "judicial''  in  the 
third  line;  also  strike  out  the  word  "suitable''  after  the  word 
•'pass"  in  the  third  line;  strike  out  the  word  "charge"  in  the 
sixth  line  and  insert  the  word  "require;"  strike  out  all  of  said 
section  after  the  word  "them"  in  the  seventh  line. 

Strike  out  Sec  T>. 

Amend  Sec.  5  by  adding  at  the  beginning  of  said  section 
the  words  '^except  a  preference  right  to  buy  as  in  this  consti- 
tution otherwise  provided." 

Strike  out  all  of  Sec.  7  except  the  proviso  in  the  ninth,  tenth 
and  eleventh  lines. 

Amend  by  striking  out  the  word  "aforesaid"  in  the  tenth 
line  and  inserting  in  lieu  thereof  the  words  "of  the  perpetual 
school  fund." 

Amend  Sec.  2  by  striking  out  all  of  said  section  from  the 
word  "source"  in  the  third  line  up  to  and  including  the  word 
"unsold"  in  the  seventh  line;  also  insert  the  word  "said"  after 
the  word  "the"  in  the  eleventh  line. 

And  your  committee  recommend  that  File  No.  86  be  adopt- 
ed as  amended. 

Your  coramttee  further  recommend: 

That  File  No.  87,  on  "coal  mines,"be  amended  in  Sec.  1  by 
inserting  after  the  word  "proven"  in  the  fourth  line  the  words 
"in  the  manner  provided." 

Strike  out  in  Sec.  3  the  word  "coal"  in  the  second  line. 

Substitute  the  following  for  Sees.  2  and  4. 

Sec.  2.  The  legislature  shall  provide  by  law  for  the  proper 
development,  ventilation  and  drainage  and  operation  of  all 
mines  in  the  state. 

Strike  out  Sec.  5. 

Your  committee  recommend  that  File  No.  87  be  adopted  as 
amended. 

Your  committee  further  recommends: 

That  substitute  for  Files  No.  5,  6,  10,  23  and  64,  "on  elec- 
tions and  qualifications  to  office,"  Jbe,  amended  by  inserting  the 
folowing  additional  section: 

Sec.  5.  All  general  elections  for  state  and  county  officers, 
for  members  of  the  house  of  representatives  and  the  senate  of 
the  state  of  Wyoming,  and  representatives  to  the  congress  of 
the  United  States,  shall  be  held  on  the  Tuesday  next  following 
the  first  Monday  of  November  of  each  even  year.  Special  elec 
tions  may  be  held  as  is  or  may  be  provided  by  law. 

All  state  and  county  officers  elected  at  a  general  election 
shall  enter  upon  their  respective  duties  on  the  first  Monday  in 


JOURNAL.  101 

January  next  following  the  date  of  their  election  or  as  soon 
thereafter  as  may  be  possible." 

Strike  out  See.  4. 

And  your  committee  recommend  that  substitute  for  Files 
No.  5,  (>,  10,  23  and  04  be  adopted  as  amended,  and  your  com- 
mittee further  recommends:  That  File  No.  89,  "On  Schedule,'' 
be  amended  by  adding  the  following  as  Section  2. 

"That  all  property,  real  and  personal,  and  all  moneys,  cred- 
its?, claims,  and  choses  in  action,  belonging  to  the  territory  of 
Wyoming  at  the  time  of  the  adoption  of  this  constitution  shall 
be  vested  in  and  become  the  property  of  the  state  of  Wyo- 
ming." 

Amend  Sec.  5  by  striking  out  the  word  "by"  in  the  fourth 
line  and  inserting  the  word  "to"  in  lieu  thereof,  and  by  striking 
out  the  word  "other1"  in  the  fifth  line. 

Amend  Sec.  6  by  striking  out  the  word  "now"  in  the  first 
line. 

Amend  Sec.  7  by  striking  out  in  the  ninth  line  the  Avords 
"and  upon  separate  articles  or  propositions,"  and  ;by  striking 
out  in  the  sixteenth  and  seventeenth  lines  the  Avords  "or 
against  any  articles  submitted  separately." 

Amend  Sec.  0  by  striking  out  in  the  sixth  line  the  Avord 
"of1  and  inserting  the  AA'ord  "for"  in  lieu  thereof. 

Amend  Sec.  11  by  inserting  in  the  first  line  after  the  word 
"secretary"  the  AA7ords  "of  the  territory." 

Amend  Sec.  12  by  inserting  in  the  first  line  after  theAArord 
''election"  the  words  "except  members  of  the  legislature." 

Amend  Sec.  13  by  inserting  in  the  sixth  line  after  the  word 
"legislature"  the  Avords  "in  joint  session." 

Add  the  folloAving  four  additional  sections: 

Sec.  20.  All  state  officers,  including  members  of  the  legis- 
lature, elected  at  the  first  election  held  under  this  constitution 
shall  hold  their  respectiA^e  offices  for  the  full  term  next  ensuing 
such  election,  including  the  time  inter\Tening  betAveen  the  date 
of  their  qualification  and  the  date  of  the  commencement  of 
such  full  term. 

Sec.  21.  The  regular  election  that  otherwise  AArould  be  held 
on  the  first  Tuesday  next  succeeding  the  first  Monday  of  No- 
Tember,  1890,  shall  be  omitted. 

Sec.  22.  The  regular  session  of  the  legislature  that  would 
otherwise  convene  on  the  second  Tuesday  of  January,  1891, 
filial!  be  omitted. 

That  File  No.  89  with  amendments  be  referred  to  the  com- 
mittee on  schedule  and  judiciary. 

That  File  No.  90,  "concerning  boards  of  arbitration,"  be 
adopted. 

E.  S.  ELLIOTT,  Chairman. 

On  motion  the  report  of  the  committee  of  the  whole  AATas 
adopted. 


102  CONSTITUTIONAL  CONVENTION. 

On  motion  the  printed  copies  of  the  files  as  amended,  reo 
onmiended  for  adoption  .by  the  committee  of  the  whole,  were 
considered  the  engrossed  files. 

.Mr.  Hm-ntt  moved  the  appointment  of  select  committees- 
of  ten  members  to  prepare  an  address  to  the  people  of  Wyo- 
nmuv  juid  the  congress  of  the  United  States.  Adopted. 

Tlie  convention  thereupon  adjourned  until  9  o'clock  a.  nu 
Seol.  L>7th. 

M.  C.  BROWN,  President. 
Attest:  JOHX  K.  JEFFREY,  Secretary. 


TWENTY-THIRD  DAY 

HALT,  OF  THE  CONSTITUTIONAL  CONVENTION,  > 

CAPITOL  BUILDING,  > 
Cheyi  nne,  Wyo.,.  S^pt.  27,  1889.  ) 

The  eo?ivention  was  called  to  order  at  9  o'clock  a.  m. 
Mr.  President  in  the  chair. 
Prayer  by  the  chaplain. 
Roll  call;  20  members  present. 
Journal  of  previous  session  read  and  approved. 
The  president  announced  the  following  select  committee 
on  address  to  the  people :    Messrs . 

Burritt  of  Johnson  county, 

Coffeen  of  Sheridan  county, 

Harvey  of  Converse  county, 

Hay  of  Laramie  county, 

Preston  of  Fremont  county, 

Grant  of  Albany  county. 

Smith  of  Carbon  county, 

Holden  of  Uinta  county, 

Hopkins  of  Sweetwater  county, 

Organ  for  Crook  county. 

The  latter  to  act  in  the  absence  of  the  members  from  Crook 
county. 

Also  the  following  select  committee  on  address  to  the 
a  of  the  Tinted  States.    Messrs. 

I\jner  of  La  ramie  county, 

Mark  of  Uinta  county, 

Iloyt  of  Albany  county, 

Elliott  of  Johnson  county, 

Irvine  of  Converse  county, 

Coffooi)  of  Sheridan  county, 

I'.-ilmer  of  Sweetwater  count v. 

Xickersou  of  Fremont  count  v, 

Casebcor  of  Carbon  counly, 

Morgan   for  Crook   counly. 


JOURNAL. 


103 


The  latter  to  act  in  the  absence  of  the  members  from  Crook 
county. 

The  president  submitted  to  the  convention  a  communica- 
tion from  R.  C.  Wylie,  of  Philadelphia,  district  secretary  of  the 
National  Reform  Association.  Referred  to  committee  No.  1. 

Mr.  Campbell  gave  notice  of  a  resolution  for  the  appoint- 
ment of  a  commit  tee  of  ten  members  to  proceed  to  Washington 
and  urge  the  admissi  n  of  Wyoming  as  a  state. 

FINAL  READING. 

The  convention  having  ordered  final  reading  of  engrossed 
liles,  substitute  for  Files  No.  7,  26,  27,  41,  54  and  55  on  taxa- 
tion, revenue  and  public  indebtedness,  was  taken  up,  and  on 
motion  of  Mr.  Potter  amended  in  Sec.  7  by  inserting  after  the 
word  "bank"  wherever  it  appears  in  said  section  the  words 
"or  banks." 

Ori  motion  of  Mr.  Fox  said  file  was  further  amended  by  in- 
serting in  Sec.  12  in  the  fourth  line  the  words  "lots  with  the 
buildings  thereon  used  exclusively  for  religious  worship,  church 
parsonages  and  public  cemeteries." 

On  motion  of  Mr.  Palmer  a  call  of  the  house  was  ordered. 

Absent  members  having  resumed  their  seats  further  pro- 
ceedings, under  call  of  the  house,  were  on  motion  of  Mr.  Pal- 
mer dispensed  with. 

Substitute  for  Files  No.  7..  26,  27,  41,. 54  and  55  as  amended, 
having  been  finally  read,  the  yeas  and  nays  on  its  adoption  re- 
sulted as  follows: 

Yeas — Messrs.  Baxter,  Burritt,  Campbell,  Clark,  Coffeen, 
Elliott,  Foote,  Fox,  Grant,  Hay,  Harvey,  Holden,  Hopkins, 
Hoyt,  Irvine,  Jeffrey,  Johnston,  Jones,  Morgan,  McCandlish, 
Nickersen,  Palmer,  Potter,  Preston,  Reid,  Riner,  Russell,  Smith, 
Sutherland,  Mr.  President— 30. 

Nays — Mr.  Teschem  a  cher — 1 . 

Absent — Messrs.  Baldwin,  Barrow,  Burdick.  Butler,  Case- 
beer,  Chaplin,  Conaway,  Downey,  Ferris,  Frank,  Knight,  Me- 
nough,  Morris,  McGill,  Organ,  Richards,  Scott,  Yagner — 18. 

The  president  announced  that  the  convention  had  adopted 
substitute  for  files  Nos.*7,  26,  27,  41,  54,  and  55,  as  amended, 
as  a  part  of  the  constitution. 

File  No.  86,  "on  Public  Lands  and  Donations,"  as  amended, 
haAdng  been  finally  read,  the  yeas  and  nays  on  its  adoption 
resulted  as  follows: 

Yeas — Messrs.  Baxter,  Campbell,  Clark,  Coffeen,  Elliott, 
Foote,  Fox,  Grant,  Hay,  Harvey,  Holden,  Hopkins,  Hoyt,  Irvine, 
Jeffrey,  Johnston,  Jones,  Morgan,  McCandlish,  Nickers* m,  Pnl- 
mer,  Potter,  Reid,  Riner,  Russell,  Smith,  Sutherland.  Tesche- 
m a  cher,  Mr.  President — 20. 

Nays — none. 

Absent — Messrs.  Baldwin.  Barrow,  Burdick.  Burritt,  But- 
ler, Casebeer.  Chaplin,  Conaway,  JDowney,  Ferris,  Frank, 


104  CONSTITUTIONAL  CONVENTION. 

Knight,  Menough,  Morris,  McGill,  Organ,  Preston,  Richards, 
Scot  I,  Vaguer- -20. 

Tiie  president  thereupon  announced  that  the  committee  had 
adopted  File  No.  N<>,  as  amended,  as  a  part  of  the  constitution. 

File  Xo.  ST,  "on  Mines  and  Mining,"  as  on  final  reading, 
amended,  on  motion  of  Mr.  Xickerson,  by  inserting  in  Section 
3,  after  the  word  "any"  in  the  second  line,  the  words  "coal, 
iron  or  other  dangerous." 

Said  file  having  been  finally  read  as  amended,  the  yeas  and 
nays  on  its  adoption  resulted  as  follows: 

Yeas — Messrs.  Baxter,  Campbell,  Chaplin,  Clark,  Coffeen, 
Elliott,  Foote,  Fox,  Grant,  Hay,  Harvey,  Hoi  den,  Hopkins, 
Hoyt,  Irvine,  JefVrey,  Johnston,  Jones,  Morgan,  McCandlish, 
Nickerson,  Palmer,  Potter,  Preston,  Reid,  Riner,  Russell,  Smith, 
Sutherland,  Teschemacher,  Mr.  President — 31. 

Nays — none. 

Absent — Messrs.  Baldwin,  Barrow,  Bnrdick,  Burnt t,  But- 
ler. Casebeer,  Conaway,  Downey.  Ferris,  Frank,  Knight,  Me- 
nough, Morris,  McGill,  Organ,  Richards,  Scott,  Vagner — 18. 

The  president  announced  that  the  convention  had  adopted 
file  Xo.  87,  as  amended,  as  a  part  of  the  constitution. 

Substitute  for  files  Nos.  5,  6,  10,  23,  and  64  "on  Elections 
and  Qualifications  to  Office,"  as  amended,  having  been  finally 
read,  the  yeas  and  nays  on  its  adoption  resulted  as  follows: 

Yeas — Messrs.  Baxter,  Campbell,  Chaplin,  Clark,  Coffeen, 
Elliott,  Foote,  Fox,  Grant,  Hay,  Harvey,  Holden,  Hopkins,  Ir- 
vine, Jeffrey,  Johnston,  Jones,  Morgan,  McCandlish,  Xickerson, 
Palmer,  Potter,  Preston,  Reid,  Riner,  Russell,  Smith,  Suther- 
land. Teschemacher,  Mr.  President — 30. 

Xays — none. 

Absent — Messrs.  Baldwin,  Barrow,  Bnrdick,  Burritt,  But- 
ler, Casebeer,  Conaway,  Downey.  Ferris,  Frank,  Hoyt,  Knight, 
Menough,  Morris,  McGill,  Organ,  Richards,  Scott,  Vagner — 19. 

The  president  announced  that  the  convention  had  adopted 
substitute  for  files  Xos.  5.  6.  10,  23,  and  64,  as  amended,  as  a 
part  of  the  constitution. 

File  Xro.  00  "concerning  Boards  of  Arbitration,"  having  been 
finally  read,  the  yeas  and  nays  on  its  adoption  resulted  as  fol- 
lows: 

Yeas — Messrs.  Baxter,  Burritt,  Campbell,  Casebeer,  Chap- 
lin, ("lark,  Coffeen,  Elliott,  Foote,  Fox,  Grant,  Hay,  Harvey, 
Holden,  Hopkins,  Irvine,  Jeffrey,  Johnston,  Jones,  Morgan,  Mc- 
Candlish, Xickerson,  Palmer,  Potter,  Preston,  Reid,  Riner,  Rus- 
jsell,  Smith,  Sutherland,  Mr.  President — 31. 

Xays — none. 

Absent— Messrs.  Baldwin.  Barrow,  IJnrdick,  Butler,  Cona- 
way, Downey,  Ferris,  Frank,  Hoyt,  Knight,  Menough,  Morris, 
McGjll,  Organ.  Richards,  Scott,  Teschemacher,  Vaguer — 18. 

The  president  announced  that  the  convention  had  adopted 
Kile  No.  !H)  as  a  part  of  the  constitution. 


JOURNAL  I05 

Substitute  for  files  Nos.  59,  2S  and  8  "on  Education  and 
Public  Institutions"  as  amended,  having  been  finally  re.- id,  the 
.yeas  and  nays  on  its  adoption  resulted  as  follows: 

Yeas — Messrs.  Baxter,  Burritt,  Campbell,  Casebeer,  Chap- 
lin, Clark,  Coffeen,  Elliott,  Foote,  Fox,  Grant,  Harvey,  Holden, 
Hopkins,  Jeffrey,  Johnston,  Jones,  Morgan,  McCandlisli,  \\<-k- 
erson,  Palmer,  Potter,  Preston,  Reid,  Riner,  Russell,  Smith. 
'Sutherland,  Teschemacher,  Mr.  President — :>(). 

Nays — none. 

Absent — Messrs.  Baldwin,  Barrow,  Burdick,  Butler,  Cona- 
way,  Downey,  Ferris,  Frank,  Hay,  Hoyt,  Irvine,  Knight,  Me- 
nough,  Morris,  McGill,  Organ,  Richards,  Scott,  Vagner — 19. 

The  president  thereupon  announced  that  the  convention  had 
adopted  substitute  for  files  Nos.  59,  28  and  8,  as  amended,  as  a 
part  of  the  constitution. 

By  unanimous  consent  Mr.  Russell  presented  File  No.  91 
^concerning  Mines  and  Mining"  and  said  file,  after  being  read 
twice,  was,  under  suspension  of  the  rules,  adopted  by  the  fol- 
lowing vote: 

Yeas — Messrs.  Baxter,  Burritt,  Campbell,  Chaplin,  Clark, 
Coffeen,  Elliott,  Foote,  Fox,  Grant,  Holden,  Hoyt,  Jeffrey, 
Jones,  Morgan,  M'-Candlish,  Nickerson,  Potter,  Preston,  Reid, 
Russell,  Smith,  Sutherland,  Teschemacher,  Mr.  President-— 25. 

Nays — Messrs.  Casebeer,  Hay,  Hopkins,  Johnston,  Palmer, 
Riner — <>. 

Absent — Messrs.  Baldwin,  Barrow,  Burdick,  Butler,  Cona- 
way,  Downey,  Ferris,  Frank,  Harvey,  Irvine,  Knight,  Menough. 
Morris,  McGill,  Organ,  Richards,  Scott,  Vagner — 18. 

The  president  thereupon  announced  that  the  convention  had 
under  suspension  of  the  rules  adopted  File  No.  91,  as  a  part  of 
the  constitution. 

The  foregoing  files  adopted  by  the  convention  were  referred 
to  Committee  No.  19. 

Mr.  Hay  presented  the  following  resolution  which  was 
adopted: 

Resolved,  That  the  committee  (No.  17)  on  printing  are  here- 
by authorized  to  have  published  in  pamphlet  form  for  distri- 
bution the  constitution  and  addresses  to  congress  and  to  the 
people,  adopted  by  this  convention,  and  to  expend  any  unex- 
pended balance  of  funds  raised  to  meet  the  incidental  expenses 
in  payment;  for  as  many  copies  as  can  be  obtained  for  that1 
amount;  and  that  twenty-five  copies  be  furnished  to  each  inem- 
"ber  of  the  convention,  the  remainder  to  be  delivered  to  the 
secretary  of  the  territory  for  general  distribution. 

By  general  consent  Mr.  Holden  submitted  File  No.  92  "on 
Exemptions." 

Referred  to  the  general  file. 

On  motion  the  convention  stood  in  recess  until  3  o'clock  p.  m. 


I06  CONSTITUTIONAL  CONVENTION. 

AFTERNOON  SESSION. 

The  convention  re-assembled  at  three  o'clock  p.  m. 

Mr.  President  in  the  chair. 

On  motion  the  convention  resolved  itself  into  a  committee 
of  the  whole  for  the  consideration  of  the  general  file. 

Mr.  Sutherland  in  the  chair. 

AVhen  the  committee  arose  it  submitted  the  following  re- 
port, which  was  adopted: 
Mr.  President: 

Your  committee  of  the  whole  to  whom  was  referred  the 
general  file,  beg  leave  to  report  progress  and  ask  permission 
to  sit  again. 

A.  L.  SUTHERLAND,  Chairman. 

On  motion  the  convention  stood  in  recess  until  7:30  o'clock 
p.  m. 


EVENING  SESSION. 

The  convention  re-assembled  at  7:30  o'clock  p.  m. 

Mr.  President  in  the  chair. 

On  motion  the  convention  went  into  committee  of  the  whole 
for  the  consideration  of  the  general  file. 

Mr.  Burritt  in  the  chair. 

On  arising  the  committee  made  the  following  report: 
Mr.  President: 

Your  committee  of  the  whole  to  whom  was  referred  the 
general  file  beg  leave  to  report  with  the  following  recommend- 
ations: 

In  relation  to  substitute  for  files  !Nbs.  61,  65  and  80,  and 
the  majority  and  minority  reports  thereon,  we  recommend  that 
sections  1  and  2  be  adopted;  that  section  2  be  amended  by  add- 
inu  the  following:  "And  the  officer  whose  duty  it  is  to  collect 
such  fees,  shall  be  held  responsible  under  his  bond  for  neglect 
to  collect  the  same;  Provided,  that  in  addition  to  the  salary  of 
sheriffs,  they  shall  be  entitled  to  receive  from  the  parry  for 
whom  the  services  are  rendered  in  civil  cases  such  fees  as  may 
be  prescribed  bv  law." 

That  section  :>>  be  amended  as  follows: 

Insert  in  line  eight  the  words  "five  hundred"  in  lieu  of  "three 
hundred." 

hi^eri  in  line  seven  "one  thousand"  in  lieu  of  "five  hundred." 
Insert  in  line  17  "twelve  hundred"  in  lieu  of  "seA'en  hundred1 
and  fifiy." 

Insert   in  line  15)  "seven  hundred  and  fifty"  in  lieu  of  "five;. 

" 


JOURNAL.  I0f 

Insert  in  line  '22  "two  thousand"  in  lieu  of  "three  thous- 
and." 

Insert  in  line  23  "two  thousand"  in  lieu  of  "twenty-five 
hundred." 

Insert  in  line  25  "two  thousand"  in  lieu  of  "t  wenty-five 
hundred." 

Insert  after  line  5: 

The  county  and  prosecuting  attorney  shall  not  be  paid  rnorc 
than  $1,200  per  year.  After  line  18: 

The  county  and  prosecuting  attorneys  shall  not  be  paid 
more  than  1 1,500  per  year.  After  line  28: 

The  county  and  prosecuting  attorney  shall  not  be  paid  more* 
than  |2,500  per  year. 

Add  to  Sec.  3  the  following: 

The  county  surveyor  in  each  county  shall  receive  not  more, 
than  $8  per  day  for  each  day  actually  engaged  in  the  perform*- 
ance  of  the  duties  of  his  office. 

Substitute  the  following  for  Sec.  4: 

Sec.  4.  The  legislature  shall  provide  by  general  law  for  such 
deputies  as  the  public  necessities  may  require  and  shall  fbe 
their  compensation. 

Strike  out  the  minority  report. 

A.nd  that  said  file  thus  amended  be  adopted. 

Your  committee  further  recommends  that  File  Xo.  92  be 
adopted. 

That  File  No.  89  be  amended  in  Sec.  8  by  inserting  in  line 

6  after  the  word  "district"  the  word  "county,"  and  in  line  7 

alter  the  word  "constitution"  the  words  "and  such  other  county 

and  precinct  officers  as  are  provided  by  the  territorial  laws." 

Also  that  the  following  sections  be  added: 

Sec.  20.  Members  of  the  legislature  and  all  state  officers, 
district  nnd  supreme  judges,  elected  at  the  first  election  held 
under  this  constitution  shall  hold  their  respective  offices  foif 
the  full  term  next  ensuing  such  election,  in  addition  to  the  pe-; 
riod  intervening  between  the  date  of  their  qualification  aud  the1 
commencement  of  such  full  term. 

Sec.  21.  If  the  first  session  of  the  legislature  under  this  con- 
stitution shall  be  concluded  within  twelve  months  of  the 
time  designated  for  a  regular  session  thereof,  then  the  next} 
regular  session  following  said  session  shall  be  omitted. 

Sec.  22.  The  first  regular  election  that  would  otherwise  oc- 
cur following  the  first  session  of  the  legislature  shall  be  omit-. 
ted,  and  all  county  and  precinct  officers  elected  at  the  first  elec- 
tion held  under  this  constitution  shall  hold  their  offices  for  the 
full  term  thereof,  commencing  at  the  expiration  of  the  term 
of  the  county  and  precinct  officers  then  in  office,  or  the  date, 
of  their  qualification. 

Sec.  2.3.  That  the  convention  does  hereby  declare  on  be- 
half of  the  people  of  the  territory  of  Wyoming  that  this  con- 
stitution has  been  prepared  and  submitted  to  the  people  of  the 


I08  CONSTITUTIONAL  CONVENTION. 

territory  of  Wyoming  for  their  adoption  or  rejection  with  no 
purpose'  of  setting  up  oi'  organizing  a  state  government  until 
sucli  time  as  the  Congress  of  the  United  States  shall  enact 
a  law  for  the  admission  of  the  territory  of  Wyoming  as  a  stat(j 
mi  dev  its  provisions. 

And   your    comrni 
schedules,  "  thus  amended  be  adopted. 

CHARLES  H.  BURRITT,  Chairman. 

On  motion  the  report  of  the  committee  of  the  whole  was 
adopted  and  the  printed  copies  of  the  files  as  amended  recom- 
mended for  adoption  were  considered  the  engrossed  copies. 

FINAL  READING. 

The  convention  ordered  the  final  reading  of  substitute  for 
Files  No.  (U,  65,  80  and  83  an  File  No.  92. 

Substitute  for  Files  No.  61,  65,  80  and  83,  "on  salaries  of 
public  officers,''  having  been  finally  read  as  amended  the  yeas 
and  nays  on  its  adoption  resulted  as  follows: 

Yeas:  Messrs.  Baxter,  Burritt,  Campbell,  Chaplin,  Coffeen, 
Grant,  Hay,  Harvey,  Hoyt,  Irvine,  Jeffrey,  Johnston,  Jones, 
Morgan,  Nickerson,  Organ,  Potter,  Reid,  Smith,  Sutherland, 
Mr.  President—  21. 

Xays—  Messrs.  Clark,  Elliott,  Foote,  Fox,  Holden,  Knight, 
Riner,  Russell,  Teschemacher  —  9. 

Absent:  Messrs.  Baldwin,  Barrow,  Burdick,  Butler,  Case- 
beer,  Conaway.  Downey,  Ferris,  Frank,  Hopkins,  Menough, 
Morris,  McCandlish,  McGill,  Palmer,  Preston,  Richards,  Scott, 
Valuer  —  19. 

The  president  thereupon  announced  that  the  convention 
had  adopted  substitute  for  Files  No.  61,  65,  80  and  83  as 
amended  as  a  part  of  the  constitution. 

File  No.  92,  "relating  to  homestead  exemptions,"  having 
been  finally  read  rhe  yeas  and  nays  on  its  adoption  resulted  as 
follows  : 

Yeas:  Messrs.  Baxter,  Burritt,  Campbell,  Chaplin,  Clark, 
CotTeen,  Elliott,  Foote,  Fox,  Grant,  Hay,  Harvey,  Holden,  Hoyt, 
Irvine,  Jeffrey,  Johnston,  Jones,  Knight,  Morgan,  Nickerson, 
Organ,  Potter,  Reid,  Riner.  Russell,  Smith,  Sutherland,  Tesche- 
em;  irher.  Mi-.  President  —  30. 

Xays:  None. 

Absent:  Messrs.  Baldwin,  Barrow,  Burdick,  Butler,  Caso- 


beer.  Conaway,  Downey,  Ferris,  Frank,  Hopkins.  Menough, 
Morris,  McCandlish,  McC.ill,  Palmer,  Preston,  Richards,  Scott, 
Vainer  —  19. 

The   president   thereupon  announced   that   the   convention 
had  adopted  File  No.  92  as  a  part  of  the  constitution. 

The  a  fore  mentioned  two  files  finally  adopted  were  referred' 
to  Committee  No.  19. 


JOURNAL.  10(> 

On  motion  the  convention  adjourned  until  (.)  o'clock  :i.  in. 
Sept.  28th. 

M.  C.  BROWN,  President. 
Attest:  JOHN  K.  JEFFREY,  Secretary. 


TWENTY-FOURTH  DAY 

HALL  OF  THE  CONSTITUTIONAL  CONVENTION,  \ 

CAPITOL  BUILDING,  > 
Cheyenne,  Wyo.,  Sept.  28,  1889.  ) 

The  convention  was  called  to  order  at  9  o'clock  a.  in. 
Mr.  President  in  the  chair. 

Prayer  by  the  chaplin. 

Roll  call;  30  members  present. 

Journal  of  previous  session  read  and  approved. 

Mr.  Jeffrey  was  on  motion  excused  from  attendance  for 
the  day. 

The  following  resolution,  offered  by  Mr.  Morgan,  was  unan- 
imously adopted : 

Resolved,  That  when  this  convention  adjourn  it  be  to  re- 
convene at  the  call  of  the  president. 

Mr.  Hoyt  moved  that  the  appointment  of  a  committee  of 
five  members  on  retrenchment,  whose  duty  it  shall  be  to  re- 
view the  whole  field  of  the  constitution  with  a  view  to  such 
redaction  of  the  expenses  of  the  state  government  as  shall  seem, 
practicable.  Said  committee  to  report  at  the  earliest  hour. 

The  motion  was  lost. 

Mr.  Hoyt  submitted  the  following  proposition: 

"The  legislature  shall  make  such  provision  by  law  as  shall 
be  calculated  to  secure  the  best  available  service  for  all  minor 
places  in  the  state,  county  and  municipal  governments,  regard- 
less of  considerations  purely  political." 

The  foregoing  proposition  was,  under  suspension  of  the 
rules,  placed  on  its  final  reading,  and  the  yeas  and  nays  on  its 
adoption  resulted  as  follows: 

Yeas:  Messrs.  Hay,  Harvey,  Hopkins,  Hoyt,  Morgan.  Me- 
candlish,  Nickerson,  Organ,  Smith,  Teschemacher,  Mr.  Presi- 
dent—11. 

Nays:  Messrs.  Baxter,  Burritt,  Casebeer,  Chaplin,  Clark, 
Coffeen,  Conaway,  Elliott,  Foote,  Fox,  (Jrant,  Holden.  John- 
ston, Jones,  Knight,  Palmer,  Preston,  Reid,  Riner,  Russell. 
Sutherland— 21. 

Absent:  Messrs.  Baldwin,  Barrow,  Burdick,  Butler,  Camp- 
bell, Downey.  Ferris,  Frank,  Irvine.  Jeffrey,  Menough,  Morris, 
McG-ill,  Potter,  Richards,  Scott,  Vagner — i7. 


IIO  CONSTITUTIONAL  CONVENTION. 

The  president  thereupon  announced  that  the  convention 
had  refused  to  adopt  the  proposition  as  a  part  of  the  consti- 
tution. 

Mr.  Burvitt  submitted  the  following  proposition: 

No  person  shall  be  permitted  to  vote,  serve  as  a  juror  or 
hold  any  civil  oilice  who  has  at  any  place  been  convicted  of 
an  infamous  crime  and  who  has  ;not  been  restored  to  the  right 
of  citizenship,  or  who  is  a  bigamist  or  polygamist,  or  is  living  in 
what  is  known  as  patriarchial,  plural  or  celestial  marriage, 
or  in  violation  of  any  law  of  this  state  or  tin1  Tinted  States- 
forbidding  any  such  crime." 

On  motion  the  proposition  was  referred  tr  Committee  No  5, 
as  File  Xo.  03. 

The  convention  ordered  the  final  reading  of  File  No.  89, 
-"on  schedule,"  as  amended. 

Said  file  having  been  finally  read  as  amended  the  yeas  and 
nays  on  its  adoption  were  taken,  resulting  as  follows: 

Yeas:  Messrs.  Baxter,  Burritt,  Casebeer,  Chaplin,  Clark, 
Coffeen,  Conaway,  Elliott,  Foote,  Fox,  Grant,  Holden,  Hop- 
kins, Hoyt,  Jones,  Morgan,  McCandlish,  Nicker  son,  Organ, 
Palmer,  Reid,  Rim  r,  Russell,  Smith,  Sutherland.  Teschemacher, 
Mr.  President — 27. 

Nays:  None. 

Absent:  Messrs.  Baldwin,  I? arrow,  Burdick,  Butler,  Camp- 
bell, Downey,  Ferris,  Frank,  Hay,  Harvey,  Irvine,  Jeffrey 
Johnston,  Knight,  Menough,  Morris,  McGill,  Potter,  Preston, 
Richards,  Scott,  Yagner — 22. 

The  president  thereupon  announced  that  the  convention 
had  adopted  File.  No.  89  as  amended  as  a  part  of  the  consti- 
tution. 

File  No.  89  was  referred  to  Committee  No.  19. 

On  motion  the  convention  stood  in  recess  until  2 
o'clock  p.  m. 


AFTERNOON  SESSION. 

The  convention  reassembled  at  2  o'clock  p.  m. 
Mr.  President  in  the  chair. 

The  president  submitted  the  following  communication, 
"which  was  read: 

Cheyenne,  Wyo.,  Sept.  28,  1889. 

To  the  Honorable  President  and  Members  of  the  Wyoming 

Constitutional  Convention. 

Gentlemen: — At  the  hands  of  Hon.  IT.  Glafcke,  assistant 
secretary  of  your  convention,  I  am  in  receipt  of  a  copy  of  your 
resolution  returning  thanks  to  myself  for  the  little  service  I 
"have  rendered  vour  bodv. 


JOUKNAi. 


In  response  thereto  I  desire  to  say  thai  I  .nival  ly 
the  high  compliment;  you  have  thereby  paid  in<%  and  wish  to 
add  what  I  deem  to  be  the  sentiment  of  the  great  mass  of 
"Wyoming  citizens,  myself  included,  that  your  diligent.  effici- 
ent and  patriotic  labors  in  the  capacity  of  members  and  officers 
of  the  Wyoming  Constitutional  Convention  are  and  have  been 
sneh  as  will  be  approved  by  the  people  of  the  soon-to-be  great 
commonwealth  of  Wyoming. 

Very  Kespectfully  Yours, 

W.'P.  CARROLL. 

Committee  No.  5  made  the  following  report: 

Cheyenne,  Wyo.,  Sept.  28,  1889. 
Mr.  President: 

Your  Committee  No.  5,  to  whom  was  referred  File.  No.  93, 
beg  leave  to  report  the  same  with  the  recommendation  that  the 
.same  be  not  adopted.  The  committee  have  carefully  considered. 
this  entire  matter;  have  consulted  eminent  legal  authority  and 
are  of  the  unanimous  opinion  that  the  matters  embraced  in 
said  file  No.  93,  are  fully  covered  by  provisions  already  adopted 
in  the  constitution.  Your  committee  are  further  of  the  opin- 
ion that  the  proposed  file  No.  93,  is  neither  necessary  or  ex- 
pedient. 

JOHN  W.  HOYT, 
GEO.  C.  SMITH, 
H.  A.  COFFEEN, 
CHARLES  H.  BURRITT, 
H.  E.  TESCHEMA£HFR, 

On  motion  of  Mr.  Burritt  the  report  of  Committee  No.  5  was 
adopted  and  file  No.  03  "Concerning  Qualifications  of  Elec- 
tors, etc.,"  was  indefinitely  postponed. 

On  motion  of  Mr.  Harvey  that  portion  of  the  legislative  de- 
partment of  the  constitution  relative  to  the  election  of  state 
senators  was  referred  to  Committee  No.  2  for  amendment. 

The  convention  then  stood  in  recess  for  thirty  minutes. 

On  re-assembling  Committee  No.  2  subrnittted  a  report  rec- 
ommending the  following  substitute  for  the  first  four  lines  of 
Section  2,  of  File  No.  76,  concerning  legislative  department: 
"Senators  shall  be  elected  for  the  term  of  four  years;  and  rep- 
resentatives for  the  term  of  two  years;  the  senators  elected 
at  the  first  election  shall  be  divided  by  lot  into  two  classes  as 
nearly  equal  as  may  be;  the  seats  of  senators  of  the  first  class1 
shall  be  vacated  at  the  expiration  of  the  first  two  years  and 
of  the  second  class  at  the  expiration  of  four  years. 

On  motion  the  report  of  the  committee  was  adopted,  and 
the  substitute  for  the  first  four  lines  of  Section  2,  of  File  No. 
76,  was,  under  suspension  of  the  rules,  placed  on  its  final  read- 
ing, and  after  being  finally  read,  the  said  substitute  was  adopt- 
ed by  the  following  vote: 


H2  CONSTITUTIONAL  CONVENTION 

Yeas — Messrs.  I'axK'i'.  Campbell,  Chaplin,  Clark,  Coffeenv 
Conaway,  Elliott,  Fox,  Hay,  Harvey,  Hopkins,  Hoyt,  Johnston,. 
Knight,  Morgan.  Morris,  Nickerson,  Organ,  Potter,  Prestonr 
Reid,  Kiner,  Smith,  Sutherland,  Teschemacher,  Mr.  President. 
— 2G. 

Xays — none. 

Absent — Messrs.  Baldwin,  Barrow,  Burdick,  Burritt,  But- 
ler, Casebeer,  Downey,  Ferris,  Foote,  Frank,  Grant,  Holden, 
Irvine,  Jeffrey,  Jones,  M enough,  McCandlish,  Mcf.iill,  Palmer, 
Richards,  Russell,  Scott,  Vaguer. — 23. 

The  president  thereupon  announced  that  the  convention  had 
adopted  the  substitute  to  be  a  part  of  the  constitution. 

Mr.  Campbell  moved  the  selection  of  a  special  committee  of 
ten  members  to  proceed  to  Washington  to  urge  the  admission 
of  Wyoming  as  a  state,  th<^  members  of  the  committee  to  be 
empowered  to  appoint  substitutes.  Carried. 

On  motion  the  president  was  requested  to  appoint  a  com- 
mittee of  four  to  select  this  special  committee,  and  the  follow- 
ing named  gentlemen  were  appointed: 

Messrs.  Riner,  Elliott,  Conaway  and  Organ. 

On  motion  of  Mr.  Clark  the  governor  of  the  territory  was 
requested  to  appoint  a  committee  of  ten  citizens  of  Wyoming 
to  urge  the  admission  of  Wyoming  before  congress. 

Messrs.  Clark,  Potter,  and  Campbell  were  appointed  a  com- 
mittee to  convey  this  request  of  the  convention  to  his  Excel- 
lency, the  governor. 

Mr.  Hay  offered  the  following  resolution  which  was  adopted: 

Resolved,  that  the  president  and  secretary  of  this  conven- 
tion are  instructed  to  issue  to  the  secretary  of  the  Territory 
of  Wyoming  a  certificate  showing  the  attendance,  residence 
and  mileage  of  members  during  the  sessions  of  this  convention. 

The  convention  thereupon  adjourned  until  9  o'clock  a.  in.. 
Sept.  30th. 

M.  C.  BROWN,  President.. 
Attest:     JOHX  K.  JEFFREY,  Secretary. 


TWENTY-FIFTH  DAY, 

HALL  OF  THE  CONSTITUTIONAL  CONVENTION,  * 

CAPFIOL  BUILDING,  > 
Cheyenne,  Wvo.,  Sept.  30,.  1889.  7 

The  convention  was  called  to  order  at  0  o'clock  a.  m. 

Mr.  President  in  the  chair. 

Prayer  by  (he  rhaplin. 

Roll  call;  .'>7  members  present. 

Journal  of  previous  session  read  and  approved- 


JOURNAL.  Ir^ 

The  president  submitted  the  following  communication 
which  was  read  and  ordered  to  be  spread  upon  the  jouni.-il. 

No.  13  East  12 tli  St.,  New  York  City,  Sept.  25,  1880. 
My  Dear  Sir: 

Mrs.  Cox,  in  her  supreme  bereavement,  begs  leave  that  you 
will  permit  me  on  her  behalf,  to  tender  to  you,  and  through 
you,  to  the  Wyoming  Constitutional  Convention,  her  heartfelt 
thanks  for  your  and  their  expressions  of  sympathy,  as  con- 
veyed in  your  telegram  of  the  12th  inst.  at  her  irreparable  loss 
in  the  death  of  her  beloved  husband,  the  late  Samuel  S.  Cox. 

She  bids  me  further  say,  in  making  her  grateful  acknowl. 
edgements  to  you  and  to  the  members  of  the  Wyoming  Con- 
stitutional Convention,  as  respecting  the  people  of  your  Terri- 
tory, whose  promotion  to  statehood  was  uppermost  among  the 
last  thoughts  of  Mr.  Cox,  that  these  kindly  evidences  of  esteem 
for  him  and  expressions  of  condolence  in  her  own  great  grief, 
will  always  be  cherished  with  kindest  thought  and  ever  be  a 
source  of  solace  in  solitude. 

Yours  with  great  respect,  . 

JOHN  D.  O'CONNOR, 

Private  Secretary. 
Mr.  M.  C.  Brown, 

President  Wyoming  Constitutional  Convention, 

Cheyenne,  Wyoming. 

The  special  committee  appointed  at  the  previous  session 
reported  as  follows: 

Cheyenne,  Wyo.,  Sept.  30,  1889. 
Mr.  President: 

Your  committee  appointed  to  report  to  the  convention  the 
names  of  members  willing  to  serve  on  the  committee  to  wait 
upon  the  congress  of  the  United  States  and  present  the  con- 
stitution and  urge  the  administration  of  Wyoming  thereunder 
to  the  union  of  slates,  beg  leave  to  report  the  following  nine 
additional  names  (the  president  of  this  convention  having  al- 
ready been  chosen  as  chairman  of  this  committee),  to-wit: 
Messrs.  C.  D.  Clark,  A,  B.  Conaway,  H.  E.  Teschemacher, 
DeForrest  Richards,  A.  C.  Campbell,  H.  A.  Coffeen,  D.  A. 
Preston,  H.  F.  Elliott  and  J.  A.  Johnston. 

Your  committee  further  recommend  that  any  members  vis- 
iting Washington  during  the  next  session  of  congress  be 
accredited  as  members  of  this  committee,  and  that  the  gentle- 
men appointed  by  this  convention  be  authorized  to  add  the 
names  of  such  visiting  gentlemen  to  the  committee  appointed 
bv  the  convention. 

A.  B.  CONWAY, 
J.  A.  RINER, 
H.  S.  ELLIOTT, 
C.  P.  ORGAN. 
8 — 


CONSTITUTIONAL  CONVENTION. 

Committee  Xo.  10  reported  the  completion  of  the  revision  of 
the  constitution  and  that  the  several  articles  were  ready 
for  final  reading. 

On  motion  tile  convention  ordered  the  final  reading  ot  the 
several  articles  of  the  constitution. 

The  preamble  having  been  read  the  yeas  and  nays  on  its 
adoption  resulted  as  follows: 

Yeas:  Messrs.  Baxter,  Casebeer,  Clark,  Coffeen,  Conaway, 
Elliott,  Foote,  Hay,  Harvey,  Hopkins,  Hoyt,  Irvine,  Jeffrey, 
Knight,  Morgan,  Morris,  McCandlish,  Palmer,  Potter,  Preston, 
Einer,   Russell,   Smith,   Teschemacher,   Mr.   President— 25. 
Nays:  None. 

Absent:  Messrs.  Baldwin,  Barrow,  Burdick,  Burritt,  But- 
ler, Campbell,  Chaplin,  Downey,  Ferris,  Fox,  Frank,  Grant, 
Hoi  den,  Johnston,  Jones,  Menough,  McGill,  Nickerson,  Organ, 
Reid,  Richards,  Scott,  Sutherland,  Vagner— 24. 

The  president  thereupon  announced  that  the  convention 
had  adopted  the  preamble,  of  the  constitution. 

Article  1,  "declaration  of  rights,"  having  been  read  the 
yeas  and  nays  on  its  adoption  resulted  as  follows: 

'  Yeas:  Messrs.  Baxter,  Casebeer,  Clark,  Coffeen,  Conaway, 
Elliott,  Foote,  Hay,  Harvey,  Hopkins,  Hoyt,  Irvine,  Jeffrey, 
Knight,  Morgan,  Morris,  McCandlish,  Organ,  Palmer,  Potter, 
Preston,  Riner.  Russell,  Smith,  Teschemacher,  Vagner,  Mr. 
President— 27. 
Nays:  None. 

Absent:  Messrs.  Baldwin,  Barrow,  Burdick,  Burritt,  But- 
ler, Campbell,  Chaplin,  Downey,  Ferris,  Fox,  Frank,  Grant, 
Hoi  den,  Johnston,  Jones,  Menough,  McGill,  Nickerson,  Reid, 
Richards,  Scott,  Sutherland— 22. 

The  president  thereupon  announced  that  the  convention 
had  adopted  Article  1,  "declaration  of  rights,"  of  the  constitu- 
tion. 

Article  2,  "distribution  of  powers,"  having  been  read  the 
yeas  and  nays  on  its  adoption  resulted  as  follows: 

Yeas:  Messrs.  Baxter,  Casebeer,  Clark,  Coffeen,  Conaway, 
Elliott,  Foote,  Grant,  Harvey,  Hay,  Hopkins,  Hoyt,  Irvine, 
Jeffrev,  Johnston,  Knight,  Morgan,  Morris,  McCandlish,  Organ, 
Palmer,  Potter,  Preston,  Riner,  Smith,  Teschemacher,  Vag- 
ner, Mr.  President — 21. 
Nays:  None. 

Absent:  Messrs.  Baldwin,  Barrow,  Burdick,  Burritt,  But- 
ler, Campbell,  Chaplin,  Downey,  Ferris,  Fox,  Frank,  Holden, 
Jones,  Menough,  McGill,'  Nickerson,  Reid,  Richards,  Russell, 
Scott,  Sutherland— 21. 

The  president  thereupon  announced  that  the  convention  had 

adopted  Article  2,  "distribution  of  powers,"  of  the  constitution. 

Article  3,  'legislative  department,"  having  been  read  it 

was  amended,  on  motion  of  Mi1.  Hoyt,,  in  Sec.  6,  by  striking 


JOURNAL.  j  j  - 

out  iu  the  seventh  line  the  word  "ninety"  and  inserting  in  lieu 
thereof  the  word  '"sixty." 

Article  3,  "legislative  department,"  having  been  read  as 
amended  the  yeas  and  nays  on  its  adoption  resulted  as  fol- 
lows : 

Yeas:  Messrs.  Baxter,  Burritt,  Campbell,  Casebeer,  Clark 
€offeen,  Conaway,  Elliott,  Foote,  Grant,  Harvey,  Hay,  Hop- 
Opffeen,  Conaway,  Elliott;  Foote,  Grant,  Harvey,  Hay,  Hop- 
kins,  Hoyt,  Irvine,  Jeffrey,  Johnston,  Knight,  Morgan,  Mor- 
ris, McOandlish,  Organ,  Palmer,  Potter,  Preston,  Riner,  Smith, 
Russell,  Teschemacher,  Vagner,  Mr.  President — 31. 

Nays:  None. 

Absent:  Messrs.  Baldwin,  Barrow,  Burdick,  Butler,  Chap- 
lin, Downey,  Ferris,  Fox,  Frank,  Holden,  Jones,  Menough, 
"McGill,  Mckerson,  Reid,  Richards,  Scott,  Sutherland— 18. 

The  president  announced  that  the  convention  had  adopted 
Article  3,  "legislative  department,"  of  the  constitution. 

Article  4,  "executive  department,"  having  been  read  the 
yeas  and  nays  on  its  adoption  resulted  as  follows: 

Yeas:  Messrs.  Baxter,  Burritt,  Campbell,  Casebeer,  Clark, 
•Coffeen,  Conaway.  Elliott,  Foote,  Grant,  Harvey,  Hay,  Hop- 
kins, Hoyt,  Irvine,  Jeffrey,  Johnston,  Knight,  Morgan,  Mor- 
ris, McCandlish,  Groan,  Palmer,  Potter,  Preston,  Riner,  Smith, 
Russell,  Teschemacher,  Vagner,  Mr.  President — 31. 

Nays:  None. 

Absent:  Messrs.  Baldwin,  Barrow,  Burdick.  Butler,  Chap- 
lin, Downey,  Ferris,  Fox,  Frank,  Holden,  Jones,  Menough, 
'McGill,  Nickerson,  Reid,  Richards,  Scott,  Sutherland — 18. 

The  president  thereupon  announced  that  the  convention 
had  adopted  Article  4,  "executive  department,"  of  the  con- 
stitution. 

Article  5,  "judiciary  department,"  was  on  motion  of  Mr. 
Campbell  amended  by  adding  to  Sec.  21  the  following:  "Pro- 
vided the  number  of  districts  and  district  judges  shall  not 
exceed  four  until  the  valuation  of  taxable  property  in  the 
«tate  shall  equal  one  hundred  million  dollars." 

Article  5,  "judiciary  department,''  having  been  read  as 
amended  the  yeas  and  nays  on  its  adoption  resulted  as  fol- 
lows : 

Yeas:  Messrs.  Baxter,  Burritt,  Campbell,  Casebeer,  Clark. 
Coffeen,  Conaway,  Elliott,  Foote,  Grant,  Harvey,  Hay,  Hop^ 
kins,  Hoyt,  Irvine,  Jeffrey,  Johnston,  Knight,  Morgan,  Mor- 
ris, McCandlish,  Organ,  Palmer,  Potter,  Preston,  Riner,  Smith, 
Russell,  Teschemacher,  Vagner,  Mr.  President — 31. 

Nays:  None. 

Absent:  Messrs.  Baldwin,  Barrow,  Burdick,  Butler,  Chap- 
lm>  Downey,  Ferris,  Fox,  Frank,  Holden,  Jones,  Menough, 
McGill,  Nickerson,  Reid,  Richards,  Scott,  Sutherland — 18. 


II6  CONSTITUTIONAL  CONVENTION. 

The  president  thereupon  announced  that  the  convention1 
had  adopted  Article  5,  "judiciary  department,"  of  the  constitu- 
tion. 

Article  6,  "suffrage,"  having  been  read  the  yeas  and  nays 
on  its  adoption  resulted  as  follows: 

Yens — Messrs.  Baxter,  Burritt,  Campbell,  Casebeer,  Coffeen,. 
runaway,  Elliott,  Foote,  Grant,  Harvey,  Hay,  Hopkins,  Iloyt, 
Jeffrey,  Johnston,  Knight,  Morgan,  Morris,  McCandlish,  Organ, 
Palmer,  Potter,  Smith,  Teschemacher,  Mr.  President — 25. 

X:iys — Messrs.  Clark,  Irvine,  Preston,  Einer,  Russell.  Vagr 
ner — 6. 

Absent:  Messrs.  Baldwin,  Barrow,  Burdick,  Butler,  Chap- 
lin, Downey,  Ferris,  Fox,  Frank,  Holden,  Jones,  Menough, 
McGill,  Nickerson,  Reid,  Richards,  Scott,  Sutherland— 1 8. 

The  president  announed  that  the  convention  had  adopted 
Article  6,  "Suffrage,'*  of  the  constitution. 

Article  7,  "Education,"  having  been  read  the  yeas  and  nays 
on  its  adoption  resulted  as  follows: 

Yeas:  Messrs.  Baxter,  Burritt,  Campbell,  Casebeer,  Clark, 
Coffeen,  Conaway,  Elliott,  Foote,  Grant,  Harvey,  Hay,  Hop- 
kins, Hoyt.  Irvine,  Jeffrey,  Johnston,  Knight,  Morgan,  Mor- 
ris, McCandlish,  Organ,  Palmer,  Potter,  Preston,  Riner,  Smith, 
Russell,  Teschemacher,  Vaguer,  Mr.  President — 31. 

Kays:  None. 

Absent — Messrs.  Baldwin,  Barrow,  Burdick,  Butler,  Chap- 
lin, Downey,  Ferris,  Fox,  Frank,  Holden,  Jones,  Menough,  Ma- 
Gill,  Nickerson,  Reid,  Richards,  Scott,  Sutherland— 1 8. 

The  president  thereupon  announced  that  the  convention  had 
adopted  Article  7,  "Education,"  of  the  constitution. 

Mr.   Burritt  of  the   committee  on  address  to  the  people 
made  the  followng  report: 
Mr.  President: 

Your  committee  on  address  to  the  people  of  Wyoming,  beg^ 
leave  to  submit  the  following: 

ADDRESS  TO  THE  PEOPLE  OF  WYOMING. 

The  convention  convened  at  Cheyenne  on  September  2r 
1889,  to  frame  a  constitution  for  the  state  of  Wyoming,  has 
completed  its  labors. 

The  constitution  so  framed  will  be  submitted  to  VOFI  for 
adoption  or  rejection  on  November  5,  1889. 

The  convention  designated  the  undersigned  as  a  committee 
to  lay  before  the  people  of  the  territory  reasons  why  the  fore- 
going constitution  should  be  adopted.*  Our  space  is  limited, 
and  in  this  address  we  can  only  call  your  attention  to  a  few 
of  the  many  good  reasons  that  exist. 

Every  county  in  the  territory  was  represented  in  the  con- 
vention. A  month's  time  of  careful,  conscientious  and  pains- 
taking labor  has  been  spent  in  formulating  this  constitution. 


JOURNAL. 


117 


In  all  our  deliberations  we  have  endeavored  to  embody  in 
•our-  'undaniental  law  such  economic  measures  as  we  believed 
would  commend  our  work  to  the  people  of  the  whole  territory, 
without  reference  to  partisan  politics  and  with  equal  protec- 
tion for  the  rich  and  poor. 

TERRITORIAL  GOVERNMENT. 

For  twenty  years  and  more  Wyoming  has  been  laboring 
under  the  disadvantages  of  a  territorial  form  of  government. 

These  disadvantages  are  numerous.  We  have  no  voice  in 
the  selection  of  the  most;  important  officers  who  administer 
our  local  affairs;  no  voice  in  the  enactment  of  laws  by  con- 
gress, to  which  we  must  yield  obedience;  and  no  voice  in  the 
•election  of  the  chief  magistrate  of  the  republic,  who  appoints 
the  principal  officers  by  whom  the  executive  and  judicial  af- 
fairs of  our  territory  are  administered.  It  has  been  well  said 
"A  territory  cannot  have  a  settled  public  policy.  The  fact 
that  congress  may  at  any  time  annul  its  legislation  on  any 
matter  of  purely  local  concern,  prevents  active  cooperation 
by  the  people  in  those  higher  planes  of  public  life  which  result 
in  the  establishment  of  a  permanent  state  policy." 

The  abuse  of  the  veto  power  by  alien  governors,  the  lack  of 
familiarity  of  alien  judges  with  our  laws  and  the  frequent 
changes  of  our  executive  and  judicial  officers,  as  it  has  been  in 
the  past  and  may  be  again  in  the  future,  cannot  but  discour- 
age the  people. 

Although  citizens  of  the  United  States  in  name  we  have 
been  in  fact  disfranchised. 

Territorial  representation  in  congress  is  a  delusion,  the  ter 
ritories  of  these  United  States  have  no  representation. 

Taxation  without  representation,  a  condition  in  many  re- 
spects allied  to  colonial  vassalage,  with  the  many  other  wrrongs 
that  follow  the  application  of  these  two  anti- American  terms 
and  with  which  you  are  familiar,  have  all  united  to  render  the 
condition  of  the  people  of  Wyoming,  the  most  energetic,  intel- 
ligent and  patriotic  citizens  of  the  United  States,  well  nigh 
intolerable.  W^e  have  endured  all  these  things  up  to  the  pres- 
ent time  without  a  murmur  of  discontent,  because  we  have  not 
heretofore  seen  our  way  clear  to  throw  off  these  chains  of  po- 
litical and  industrial  bondage,  and  to  ask,  with  the  hope  of 
success,  our  admission  into  the  federal  union,  where  we  coidd 
enjoy  equally  with  sister  states  the  right  of  local  self  govern- 
ment and  those  other  natural  and  inalienable  rights  guar- 
anteed in  the  constitution  to  every  man.  The  residents  of 
Wyoming  territory  are  the  descendents  of  free  citizens,  such 
citizens  as  framed  the  constitution  of  the  United  States.  The 
loyalty  of  the  sons  to  Republican  institutions  and  their  love 
of  liberty  have  not  been  decreased,  but  increased  by  their  love- 
ships  and  dangers  they  have  endured  and  by  the  difficulties 


llS  CONSTITUTIONAL  CONVENTION. 

thai  have  been  encountered  and  overcome  in  laying  the  founda- 
tions of  tliis  great  and  prosperous  commonwealth.  It  is  ad- 
mitted that  Wyoming  Territory  stands  next  in  order  in  its- 
right  to  admission  into  thte  Union.  We  believe  she  is  now 
ready  to  assume  the  responsibility  of  statehood,  to  cast  of  the 
buH«M!s  and  inconviences  of  territorial  vassalage.  She  can 
now  ask  admission  with  hope  of  success.  Her  time  has  arrived. 
For  the  first  time  in  ten  years  public  opinion  in  the  older  states 
has  so  changed  as  to  view  the  admission  of  new  states  with  a 
fair  degree  of  favor. 

If  not  admitted  at  this  time  we  may  reasonably  expect  the 
wave  of  public  sentiment  will  soon  recede  and  the  old  unfavor- 
able attitude  toward  the  territories  will  be  again  established, 
In  this  event  our  admission  as  a  state  would  become  so  prob- 
lematical that  wre  need  entertain  no  hope  of  obtaining  the 
rights  and  benefits  of  statehood  for  the  next  ten  and  perhaps 
fifteen  years. 

While  the  cost  of  state  government  is  increased  over  the 
cost  of  territorial  government  in  some  departments,  the  savings 
in  other  departments,  the  retrenchment  in  other  directions,  the- 
increase  in  population  and  assessable  property  that  will  follow 
our  admission  as  a  state  will  in  a  short  time  materially  lessen* 
the  burden  of  taxatiaon,  while  to  delay  our  application  for  ad- 
mission until  the  '"swing  of  the  pendulum"  of  public  opinion 
has  reached  the  opposite  proposition  from  that  so  favorable 
now  to  the  formation  of  new  states,  will  be  to  fasten  upon  us 
for  a  long  term  of  years  all  the  abuses  of  financial  management 
that  have  made  our  taxation  burdensome  and  made  plethoric 
the  pockets  of  public  officials  at  the  expense  of  the  taxpayer. 

PUBLIC  LANDS. 

By  the  terms  of  the  senate  bill  for  the  admission  of  Wyo- 
ming'there  is  donated  to  the  state  the  following  public  lands: 

Agriculture  and  college  lands 90,OOO  acres 

Scientific    school   lands. 100,000    acres 

Normal    school   lands 100,000    acres 

For  charitable  and  penal  institutions 300,000  acres* 

For   public    buildings 32,000    acres 

Total 622,000   acres; 

In  addition  to  these  lande  the  state  is  authorized  to  select 
in  lieu  of  Sees.  16  and  36  in  each  township  found  to  be  mineral 
lands  an  equal  amount  of  agricultural  lands.  It  is  believed 
that  at  least  500,000  acres  of  these  lands  will  be  found  to  be 
mineral.  This  would  give  the  state  of  Wyoming  available  ag- 
ricultural lands  to  be  selected  at  once  upon  her  admission,  to 
the  extent  of  1,  122,000  acres.  If  statehood  should  from  any 
cause  be  delayed  for  the  next  ten  or  fifteen  years,  the  choice 
agricultural  lands  within  the  state  will  have  been  disposed  of 


JOURNAL.  II9 

and  the  donations  of  the  lands  to  the  state  would  thereby  be 
rendered  of  less  value. 

There  is  also  donated  to  the  state  for  the  use  of  her  public 
schools  five  per  centum  of  the  proceeds  of  all  public  lands,, 
sold  by  the  United  States  after  our  admission  as  a  state. 
This  fund  alone  would  average  not  less  than  $20,000.00  a  year 
and  a  delay  of  ten  years  in  our  admission  would  entail  a  loss 
from  this  source  alone  of  $200,000.00. 

The  lands  donated  and  selected,  if  leased  at  five  cents  an 
acre  per  annum,  would  produce  in  ten  years  a  rexenue  of 
$561,000.00. 

It  thus  appears  that  delay  of  statehood  means  for  us  a  loss 
in  ten  years  from  these  two  sources  of  $761,000.00,  or 
$76,100.00  per  annum. 

THE  CONVENTION  AND  THE  CONSTITUTION. 

The  delegates  in  this  convention  came  from  both  political 
parties,  from  all  sections  of  the  territory.  It  was  non-partisan 
in  character,  indeed,  it  may  be  truthfully  said  that  in  its  delib- 
erations there  was  at  no  time  a  division  of  its  membership 
upon  party  lines.  Sectional  questions  were  at  no  time  consid- 
ered, but  to  act  for  the  common  good  of  the  whole  people  of 
Wyoming  seemed  to  be  the  ruling  motive.  The  material,  indus- 
trial and  professional  interests  were  represented  in  its  member- 
ship, and  no  outside  influences  were  permitted  to  affect  their 
action. 

The  constitution  adopted  is  believed  to  be  fairly  conserv- 
ative and  also  progressive.  It  is  the  first  constitution  adopted 
by  man  which  gives  to  each  citizen  the  same  rights  guar- 
anteed to  every  other  citizen.  Under  its  provisions  pure  elec- 
tions are  practically  guaranteed,  and  economy  of  administra- 
tion assured.  Restrictions  upon  legislation  and  loose  appropri- 
ations of  public  moneys  are  clear  and  positive.  The  salaries  of 
officers  have  been  fixed  according  to  the  value  of  the  service 
rendered  and  in  proportion  to  the  means  of  the  people  to  pay* 

Public  trusts  are  carefully  controlled  and  corporations  re- 
stricted to  a  single  line  of  business.  The  establishment  of  com- 
pulsory courts  of  arbitration  to  settle  disputes  between  corpo- 
rations and  their  employes,  the  protection  of  laborers  in  mines, 
the  prohibiting;  of  the  importation  of  foreign  police  to  usurp, 
local  authority,  are  all  measures  that  commend  themselves 
and  in  the  convention  received  the  support  of  the  representa-* 
tives  of  both  capital  and  labor.  The  extravagance  in  the  man- 
agement of  county  affairs  that  has  prevailed  in  the  past  has 
been  circumscribed  and  rendered  impossible.  The  restrictions 
upon  taxation  and  the  creation  of  public  debts  are  such  as  to 
necessitate  economy  in  public  affairs  and  to  insure  to  the  peo- 
ple the  highest  excellence  in  government  for  the  least  money. 

In  the  interest  of  local  self  government  to  promote  the  gen- 


120  CONSTITUTIONAL  CONVENTION. 

er;:I  good  and  to  encourage  the  growth  and  development  of  the 
state  of  \Yyom  ing.  the-  constitutional  convention  having  fin- 
ished its  work,  respectfully  solicits  your  candid  consideration 
of  the  constitution  herewith  sumitted  and  the  ratification  of 
the  same  by  vour  suffrages. 

MELVILLE  C.  BROWN, 

President. 
CHARLES  H.  BURRITT, 

Chairman. 
HENRY  G.  HAY, 
MORTIMER  N.  GRANT, 
JESSE  KNIGHT, 
GEORGE  C.  SMITH, 
CALEB  P.  ORGAN, 
HENRY  A.  COFFEEN, 
DOUGLAS  A.  PRESTON, 
MARK  HOPKINS, 
FREDERICK  H.  HARVEY, 
Committee. 

Article  8,  Irrigation  and  Water  Rights,  having  been  read, 
the  yeas  and  nays  on  its  adoption  resulted  as  follows: 

Yeas — Messrs.  Baxter,  Campbell,  Casebeer,  Clark,  Coft'een, 
Conaway,  Elliott,  Foote,  Grant,  Hay,  Hopkins,  Hoyt,  Irvine, 
Jeffrey,  Johnston,  Knight,  Morgan,  McCandlish,  Organ,  Potter, 
Russell,  Teschemacher,  Vaguer — 23. 

Nays — Mr.  Smith  and  Mr.  President. 

Absent— 24. 

The  president  thereupon  announced  that  the  convention 
had  adopted  Article  8  of  the  constitution. 

Article  9,  on  mines  and  mining,  was  amended  on  motion 
of  Mr.  Hopkins,  by  adding  to  section  6  the  following:  "'Said 
state  geologist  shall  ex-officio  perform  the  duties  of  inspector 
of  mines  until  otherwise  provided  by  law." 

Article  9,  on  mines  and  mining,  having  been  finally  read, 
as  amended,  the  yeas  and  nays  on  its  adoption  resulted  as 
follows: 

Yeas — Messrs.  Baxter,  Burritt,  Campbell,  Casebeer,  Clark, 
•Coffeen,  runaway,  Elliott,  Grant,  Harvey,  Hay,  Hopkins,  Hoyt, 
Irvine,  Jeffrey,  Johnston,  Morgan,  Morris,  McCandlish,  Organ, 
Palmer,  Potter,  Preston,  Russell,  Smith,  Teschemacher,  Mr. 
President— 27. 

Nays — Messrs.  Foote,  Knight,  Vagner — 3. 
M.scnt — 19. 

The  president  thereupon  announced  that  the  convention 
had  adopted  Article  9  of  the  constitution. 

Article  10,  "Corporations,"  having  been  read,  the  yeas  and 
nays  on  its  adoption  resulted  as  follows: 


JOURNAL  I2I 

Yeas — Messrs.  Baxter,  Burritt,  Campbell,  Casebeer,  Clark, 
•Coffeen,  Conaway,  Elliott,  Foote,  Grant,  Harvey,  Hay,  Hop- 
kins, Hoyt,  Irvine,  Jeffrey,  Johnston,  Knight,  Morgan,  Morris, 
McCandliali,  Organ,  Palmer,  Preston,  Kussell,  Smith,  Tesche- 
macher,  Vaguer,  Mr.  President — 29. 

Nays — Mr.  Potter — 1. 

Absent— 19. 

The  president  thereupon  announced  that  the  convention 
had  adopted  Article  10  of  the  constitution. 

Article  11,  "Boundaries,"  having  been  read,  the  yeas  and 
nays  on  its  adoption  resulted  as  follows: 

Yens — Messrs.  Baxter,  Burritt,  Campbell,  Casebeer,  Clark, 
Coffeen,  Conaway,  Elliott,  Foote,  Grant,  Harvey,  Hay,  Hop 
kins,  Hoyt,  Irvine,  Jeffrey,  Johnston,  Knight,  Morgan,  Morris, 
McCandlich,  Organ,  Palmer,  Potter.  Preston,  Biner,  Kussell, 
Smith,  Teschemacher,  Vaguer,  Mr.  President — 31. 

Nays — none. 

Absent— 19. 

The  president  thereupon  announced  that  the  convention 
had  adopted  Article  11  of  the  constitution. 

Article  12,  "County  Organization,"  having  been  read,  the 
yeas  and  nays  resulted  as  follows: 

Yeas — Messrs.  Baxter,  Burritt,  Campbell,  Casebeer,  Clark, 
Coffeen,  Conaway,  Elliott,  Foote,  Grant,  Harvey,  Hay,  Hop- 
kins, Hoyt,  Irvine,  Jeffrey,  Johnston,  Knight,  Morgan,  Morris, 
McCandlish,  Organ,  Palmer1,  Potter,  Preston,  Kiner,  Kussell, 
Smith,  Teschemncher,  Vaguer,  Mr.  President — 31. 

Nays — none. 

Absent— 18. 

The  president  announced  that  the  convention  had  adopted 
Article  12  of  the  constitution. 

Article  13,  "Municipal  Corporations,"  was  amended,  on 
motion  of  Mr.  Smith,  in  section  1,  by  adding  th  following: 
"Cities  and  towns  now  existing  under  special  charters  or  the 
general  laws  of  the  territory,  may  abandon  such  charter  and 
re-organize  under  the  general  laws  of  the  state." 

Article  13,  "Municipal  Corporations,"  having  been  read, 
the  yeas  and  nays  on  its  adoption  resulted  as  follows: 

Yeas — Messrs.  Baxter,  Burritt,  Campbell  Casebeer,  Clark^ 
Coffeen,  Conaway,  Elliott,  Foote,  Grant,  Harvey,  Hay,  Hopkins, 
Hoyt,  Irvine,  Jeffrey,  Johnston,  Knight,  Morgan,  Morris,  Mc- 
Candlish, Organ,  Palme?,  Potter,  Preston,  Kiner,  Russell, 
Smith,  Teschemacher,  Vagner,  Mr.  President — 32. 

Nays — none. 

Absent — 17. 

The  president  thereupon  announced  that  the  convention 
had  adopted  Article  13  of  the  constitution. 

Article  14,  "Salaries,"  was  amended,  in  section  3,  line  17, 
by  striking  out  "fifteen"  and  inserting  "eighteen"  in  lieu  thereof. 

Also  by  adding  the  following: 


122  CONSTITUTIONAL  CONVENTION. 

"Sec.  6.  Whenever  practicable,  the  legislature  may,  and 
whenever  the  same  can  be  done  without  detriment  to  the 
public  service,  shall  consolidate  offices  in  state,  counties,  and 
municipalities  respectively,  and  whenever  so  consolidated  the 
duties  of  such  additional  office  shall  be  performed  under  an 
ex-officio  title. 

Article  14,  "Salaries,"  having  :been  read,  as  amended,  the 
yeas  an  dnays  on  its  adoption  resulted  as  follows: 

Yeas — Messrs.  Baxter,  Burritt,  Campbell,  Casebeer,  Coffeenr 
Grant,  Harvey,  Hay,  Hopkins,  Irvine,  Jeffrey,  Johnston,  Mor- 
gan, McCandlish,  Organ,  Palmer,  Potter,  Teschemacher,  Vag- 
ner,  Mr.  President. — 20. 

Nays — Messrs.  Clark,  Conaway,  Elliott,  Foote,  Hoyt, 
Knight,  Morris,  Preston,  Einer,  Eussell — 10. 

Absent— 19. 

The  president  thereupon  announced  that  the  convention 
had  adopted  Article  14  of  the  constitution. 

Article  1.5,  "Taxation  and  Revenue,"  having  been  read  af- 
ter being  amended  in  Sec.  10,  by  inserting  in  the  ninth  line, 
after  the  word  "counties"  the  words  "according  to  mileage 
therein,"  the  yeas  and  nays  on  its  adoption  resulted  as  follows : 

Yeas — Messrs.  Baxter,  Burritt,  Campbell,  Casebeer,  Coffeen, 
Conaway,  Elliott,  Grant,  Harvey,  Hay,  Hopkins,  Hoyt,  Irvine, 
Jeffrey,  Johnston,  Morgan,  Morris,  McCandlish,  Organ,  Palrnerr 
Potter,  Preston,  Eussell,  Smith,  Vagner,  Mr.  President — 2.6. 

Nays — Messrs.  Clark,  Foote,  Kiner,  Teschemacher — 4. 

Absent— 19. 

Article  16,  "Public  Indebtedness,"  having  been  read,  the 
yeas  and  nays  on  its  adoption  resulted  as  follows: 

Yeas — Messrs.  Baxter,  Burritt,  Campbell,  Casebeer,  Clark, 
Coffeen,  Conaway,  Elliott,  Foote,  Grant,  Harvey,  Hay,  Hop- 
kins, Hoyt,  Irvine,  Jeffrey,  Johnston,  Knight,  Morgan,  Morris, 
McCandlish,  Organ,  Palmer,  Potter,  Preston,  Kiner,  Eussell, 
Smith,  Teschemacher,  Vagner,  Mr.  President— 31. 

Nays — none. 

Absent— 18. 

The  president  thereupon  announced  that  the  convention 
had  adopted  Article  1.6  of  the  constitution. 

Article  17,  "State  Militia,"  having  been  read,  the  yeas  and 
nays  on  its  adoption  resulted  as  follows: 

Yeas — Messrs.  Baxter,  Burritt,  Campbell,  Casebeer,  Clark, 
Coffeen,  Conaway,  Elliott,  Foote,  Grant,  Harvey,  Hay,  Hop- 
kins, Hoyt,  Irvine,  Jeffrey,  Johnston,  Knight,  Morgan/ Morris, 
McCandlish,  Organ,  Palmer,  Potter,  Preston,  Einer,  Eussell,. 
Smith,  Teschemacher,  Vagner,  Mr.  President — 31. 

Nays — none. 

Absent — 18. 

The  president  thereupon  announced  that  the  convention 
luid  adopted  Article  17  of  the  constitution. 


JOURNAL.  :  23. 

Article  18,  "Public  Lands  and  Donations,"  Laving  been 
read,  the  yeas  and  nays  on  its  adoption  resulted  as  follows: 

Yeas — Messrs.  Baxter,  Burritt,  Campbell,  Casebeer,  Clark, 
Coffeen,  Conaway,  Elliott,  Foote,  Grant,  Harvey,  Hay,  Hop- 
kins, Hoyt,  Irvine,  Jeffrey,  Johnston,  Knight,  Morgan,  Morris, 
McCandlish,  Organ,  Palmer,  Potter,  Preston,  Riner,  Russell, 
Smith,  Teschemacher,  Vagner,  Mr.  President — 31. 

Nays — none. 

Absent — 18. 

The  president  thereupon  announced  that  the  convention 
had  adopted  Article.  18  of  the  constitution. 

Article  19,  "Miscellaneous,"having  been  read,  the  yeas  and 
nays  on  its  adoption  resulted  as  follows: 

Yeas — Messrs.  Baxter,  Burritt,  Campbell,  Casebeer,  Clark, 
Coffeen,  Conaway,  Elliott,  Foote,  Grant,  Hay,  Harvey,  Hoyt, 
Irvine,  Jeffrey,  Johnston,  Knight,  Morgan,  Morris,  McCand- 
lisli,  Organ,  Palmer,  Potter,  Preston,  Kiner,  'Russell,  Smith, 
Teschemacher,  Yagner,  Mr.  President — 30. 

Nays — Mr.  Hopkins. 

Absent — 18. 

The  president  thereupon  announced  that  the  convention 
had  adopted  Article  19  of  the  constitution. 

Article  20,  "Amendments,"  having  been  read  the  yeas  and 
nays  resulted  as  follows: 

Yeas — Messrs.  Baxter,  Burritt,  Campbell,  Casebeer,  Clark, 
Coffeen,  Conaway,  Elliott,  Foote,  Grant,  Harvey,  Hay,  Hop- 
kins, Hoyt,  Irvine,  Jeffrey,  Johnston,  Knight,  Morgan,  Morris, 
McCandlish,  Organ,  Palmer,  Potter,  Preston,  Riner,  Russell, 
Smith,  Teschemacher,  Yagner,  Mr.  President — 31. 

Nays — None. 

Absent— 18. 

The  president  thereupon  announced  that  the  convention 
had  adopted  Article  20  of.  the  constitution. 

Article  21,  "Schedule,"was  amended  in  Sec.  7  by  inserting 
after  the  word  "respects"  the  words  "as  nearly  as  may  be." 

Article  21,  having  been  read  as  amended  the  yeas  and  nays' 
on  its  adoption  resulted  as  follows: 

Yeas — Messrs.  Baxter,  Burritt,  Campbell,  Casebeer,  Clark,* 
Coffeen,  Conaway,  Elliott,  Foote,  Grant.  Harvey,  Hay,  Hop- 
kins, Hoyt,  Irvine,  Jeffrey,  Johnston,  Knieht,  Morgan,  Morris, 
McCandlish.  Organ,  Palmer,  Potter,  Preston,  Riner,  Russell, 
Smith.  Teschemacher,  Yagner,  Mr.  President — 31 

Nays — None. 

Absent— 18. 

The  president  thereupon  announced  that  the  convention 
had  adopted  Article  21  of  the  constitution. 

The  ordinances  having  been  finally  read  the  yeas  and  nays 
on  their  adoption  resulted  as  follows: 

Yeas — Messrs.  Baxter,  Burritt,  Campbell,  Casebeer,  Clark, 
Coffeen,  Conaway,  Elliott,  Foote,  Grant,  Harvey,  Hay,  Hop- 


I  24 


CONSTITUTIONAL  CONVENTION. 


kins.  Hoy i,  Irvine,  Jeffrey,  Johnston,  Knight,  Morgan,  Morris, 
McCandlish,  Organ,  Palmer,  Potter,  Preston,  Einer,  Russell,, 
Smith,  Tcschemacher,  Vagner,  Mr.  President — 31 

Xays — None. 

Absent— 18. 

The  president  thereupon  announced  that  the  convention 
had  adopted  the  ordinances. 

Committee  No.  19  reported  the  constitution  as  amended 
properly  enrolled. 

The' constitution,  as  amended,  having  been  read,  the  presi- 
dent called  for  the  yeas  and  nays  on  its  adoption  and  they  re-' 
suited  as  follows: 

Yeas — Messrs.  Baxter,  Burritt,  Campbell,  Casebeer,  Chap- 
lin, Clark,  Coffeen,  Conaway,  Elliott,  Foote,  Fox,  Grant,  Hay, 
Harvey,  Holden,  Hopkins,  Hoyt,  Irvine,  Jeffrey,  Johnston, 
Jones,  Knight,  Morgan,  Morris,  McCandlish,  Mckerson,  Organ, 
Palmer,  Potter,  Preston,  Kiner,  Russell,  Smith,  Sutherland, 
Teschemacher,  Vagner,  Mr.  President — 37. 

Nays — None. 

Absent— 12. 

The  president  thereupon  announced  that  the  convention 
"had  adopted  the  constitution  for  the  state  of  Wyoming. 

Mr.  Clark  offered  the  following,  which  was  adopted: 

Resolved,  That  the  governor  of  this  territory  be  requested 
to  issue  the  executive  proclamation  calling  a  special  election 
for  the  adoption  or  rejection  of  this  constitution  adopted  by 
this  convention,  to  occur  at  the  time  in  said  constitution  men- 
tioned. 

Mr.  Morgan  offered  the  following  resolution,  which  was 
unanimously  adopted. 

Resolved,  That  we  highly  appreciate  the  able,  conscientious 
and  untiring  assistance  rendered  this  convention  by  Maj.  Her- 
man Glafcke  at  the  secretary's  desk. 

Mr.  Burritt  offered  the  following  resolution,  which  was 
adopted: 

Resolved,  That  the  president  and  secretary  of  this  conven* 
tion  are  hereby  instructed  to  certify  to  the  secretary  of  the  ter- 
ritorv  the  mileage  and  per  diem  to  which  each  member  is  en- 
titled. 

In  cases  where  members  have  been  absent  not  to  exceed 
five  days  they  shall  ,be  allowed  the  full  time  of  the  conven- 
tion; those  members  who  have  been  absent  more  than  five 
days  shall  be  allowed  for  theriumber  of  days  actually  in  attend- 
ance. 

On  motion  a  vote  of  thanks  was  extended  to  the  commit- 
tee on  revision  and  its  assistants,  Mrs.  B.  Recker  and  Mrs.  F. 
A.  Gtterenahaw,  the  assistant  secretary  and  enrolling  clerk. 

The  thanks  of  the  convention  were  also  tendered  to  Miss 
Louise  Smith,  official  stenographer,  Sergeant-at-Arms  Yelton, 
Doorkeeper  Walsh  and  Pages  Post  and  Hufsmith. 


JOURNAL. 

The  journal  of  the  day's  session  was  then  read  and  ap- 
proved. 

Mr.  Riner  moved  that  this  convention  adjourn  subject  to 
the  call  of  the  president.    Carried. 

The    president    thereupon    declared    the    convention     ad- 
journed. 

M.  C.  BROWN, 
President  Constitutional  Convention,  Wyoming. 

Attest:  JOHN  K.  JEFFREY,  Secretary  Constitutional  Con- 
vention, Wyoming. 


OFFCIAL  REPORT 


OF  THP: 


PROCEEDINGS  AND  DEBATES 


OF    THE    FIRST 


OF    THE 


STATE  OF  WYOMING. 


Assembled  in  the  City  of  Cheyenne,  September  2d  to  30th,  1889. 


LOUISE  S.  SMITH,  OFFICIAL  STENOGRAPHER. 


9 — 


NOTE. — The  convention  having  failed  to  employ  a  ste- 
nographer until  the  fourth  day  of  the  session,  the  proceed- 
ings prior  to  that  time  were  not  reported,  other  than  as 
appears  in  the  journal  of  the  convention,  which  consti- 
tutes the  preceding  portion  of  this  volume. 


DEBATES  AND  PROCEEDINGS 

OF  THE 


FOURTH  DAY. 
AFTERNOON  SESSION. 

Cheyenne,  Wyo.,  Sept.  5,  1889. 

Convention  reassembled  at  2  o'clock. 

President  Brown  in  the  chair. 

Mr.  PRESIDENT.  Come  to  order.  Gentlemen  of  the  Con- 
vention:— I  trust  you  will  excuse  my  tardiness  at  this  time. 
You  all  know  that  I  have  had  considerable  to  attend  to  for 
the  last  twenty-four  hours  at  least.  I  have  prepared  such  a 
list  of  committees  as  seemed  to  me,  in  the  hurry,  proper..  I 
may  have  failed  in  many  wrays  to  meet  your  expectations,  but 
in  the  short  time  I  have  had,  I  have  done  the  best  I  could. 

The  clerk  will  please  read  the  list  of  standing  committees. 

LISTS  OF  STANDING  COMMITTEES. 

No.  1.  Preamble  and  Declaration  of  Rights — Geo.  W.  Bax- 
ter, S.  W.  Downey,  C.  D.  Clark,  N.  Baldwin  and  Mark  Hop- 
kins. 

No.  2.  Legislative  Department — E.  S.  N.  Morgan,  W.  E. 
Chaplin,  H.  S.  Elliott,  D.  A.  Preston,  R.  C.  Butler,  H.  A.  Cof- 
feen,  De  F.  Eichards,  T.  H.  Moore,  M.  Hopkins,  C.  W.  Holden. 

No.  3.  Executive  Department — Jesse  Knight,  John  A.  Ri- 
ner,  A.  L.  Sutherland,  J.  C.  Davis,  Thomas  R.  Reid,  Charles 
Vagner,  T.  H.  Moore. 

No.  4.  Judiciary— A.  B.  Conaway,  C.  N.  Potter,  C.  D.  Clark, 
S.  W.  Downey,  A.  C.  Campbell,  D.  A.  Preston,  H.  S.  Elliott, 
G.  C.  Smith,  R,  H.  Scott  and  F.  H.  Harvey. 

No.  5.  Elections,  Right  of  Suffrage  and  Qualifications  to 
Office— J.  K.  Jeffrey,  John  W.  Hoyt,  H.  E.  Teschemacher,  C. 
H.  Burritt,  G.  C.  Smith,  H.  A.  Coffeen  and  R.  H.  Scott. 

No.  6.  Boundaries  and  Apportionment — M.  C.  Barrow, 
Joseph  L.  Stotts,  J.  A.  Casebeer,  John  McGill,  John  M.  Me- 


I32  CONSTITUTIONAL  CONVENTION. 

randlish,  H.  E.  Teschemacher,  E.  J.  Morris,  F.  M.  Foote,  N. 
Baldwin,  II.  A.  Coffeen. 

Xo.  7.  Education,  Public  Buildings,  Public  Health  and  Public 
Morals— John  W.  Hoyt,  C.  N.  Potter,  A.  B.  Conaway,  E.  S.  N. 
Morgan  and  C.  D.  Clark. 

Xo.  S.  Agriculture,  Irrigation  and  Water  Rights — J.  A. 
Johnston,  C/W.  Bnrdick,  W.  C.  Irvine,  A.  L.  Sutherland,  C. 
W.  Holden,  N.  Baldwin,  C.  H.  Burritt,. 

Xo.  0.  Klines  and  Mining — John  L.  Russell,  C.  W.  Fox,  L, 
J.  Palmer,  H.  G.  Mckerson,  C.  Vagner. 

No.  10.  Manufactures,  Commerce,  Live  Stock  Interests  and 
Labor— George  Ferris,  John  McGill,  T.  R.  Reed,  H.  G.  Mck- 
erson, C.  P.  Organ,  E.  J.  Morris,  Jonathan  Jones. 

No.  11.  Taxation,  Revenue  and  Public  Debts — M.  N.  Grant, 
J.  C.  Davis,  DeForrest  Richards,  H.  S.  Elliott,  H.  G.  Hay, 
D.  A.  Preston,  H.  E.  Menough,  Jesse  Knight,  H.  A.  Coffeen, 
Meyer  Frank. 

No.  12.  County,  City  and  Town  Organization — C.  H.  Burritt,, 
Geo.  W.  Fox,A.  C.  Campbell,  J.  A.  Riner,  Jonathan  Jones. 

No.  13.  Corporations — H.  A,  Coffeen,  C.  N.  Potter,  F.  M. 
Foote,  C.  W.  Burdick,  George  W.  Baxter,  S.  W.  Downey,  John 
L.  Russell. 

No.  14.  Railroads  and  Telegraph — G.  C.  Smith,  J.  A.  Riner, 
M.  N.  Grant,  M.  C.  Barrow,  J.  M.  McCandlish,  H.  G.  Mck- 
erson, A.  B.  Conaway,  Jesse  Knight,  H.  A.  Coffeen,  Meyeu 
Frank. 

No.  15.  Salaries  of  Public  Officers— F.  M.  Foote,  H.  G.  Hay, 
H.  F.  Menough,  N.  Baldwin,  J.  M.  McCandlish. 

No.  16.  Federal  Relations,  Public  Lands  and  Military  Af- 
fairs—H.  G.  Mckerson,  C.  P.  Organ,  R,  C.  Butler,  H.  F.  Me- 
nough, G.  W.  Fox. 

No.  17.  Printing,  Publication,  Accounts  and  Expenses — R. 
H.  Scott,  W.  E.  Chaplin,  J.  A.  Casebeer,  M.  C.  Barrow,  H.  G. 
Hay. 

No.  18.  Schedule,  Future  Amendments  and  Miscellaneous 
Matters— L.  J.  Palmer,  J.  K.  Jeffrey,  F.  H.  Harvey,  R.  C. 
Butler,  W.  C.  Irvine,  J.  L.  Stotts,  A.  L.  Sutherland. 

No.  19.  Revision  and  Adjustment — H.  E.  Teschemacher,  A. 
C.  Campbell,  C.  D.  Clark,  J.  A.  Casebeer,  J.  W.  Hoyt. 

Mr.  PRESIDENT.  I  would  like  to  inquire  of  the  commit- 
tee that  was  appointed  yesterday  to  look  after  printing, 
whether  the  rules  have  been  printed  or  are  in  the  hands  of  the 
printer? 

Mr.  JEFFREY.  You  ask  in  regard  to  the  rules.  As  in- 
structed by  the  convention,  the  rules  were  placed  in  the  hands' 
of  the  printer  and  are  now  being  printed.  I  think  we  will  have 
them  today. 

Mr.  PRESIDENT.  It  is  quite  necessary  that  the  list  of  the 
committees  should  also  be  printed.  Slips,  or  something,  might 
be  printed  with  the  names  of  the  committees,  so  that  the 


PROCEEDINGS  AND   DEBATES. 


133 


different  members  would  know  just  what  committees  ther  are 
on,  and  what  their  duties  are.  Ift  slips  were  printed  so  each, 
could  have  them  it  would  perhaps  be  a  matter  of  conven- 
ience. 

Mr.  HAY.  If  it  is  not  too  late,  I  would  suggest  that  the 
lists  of  committees  be  printed  with  the  rules.  I  think  prob- 
ably it  can  be  gotten  in.  I  will  make  a  inotion  to  that  effect. 

M1'.  CAMPKELL.    I  second  the  motion. 

Mr.  PRESIDENT.  It  is  moved  and  seconded  that  the  lists 
of  committees  be  printed  with  the  rules.  Are  you  ready  for 
the  question?  All  in  favor  of  the  question  say  aye.  Those 
opposed  no.  The  ayes  have  it;  the  motion  is  carried. 

Mr.  TESCHEMACHER,  Are  there  .any  pages  here?  I  move 
that  some  one  of  the  officers  be  immediately  sent  to  the  print- 
ing office  with  these  instructions,  as  it  may  save  reprinting. 

Mr.  PRESIDENT.  I  believe  that  neither  of  the  pages  have 
appeared. 

Mr.  REID.  I  wish  to  say  right  here  that  the  page  appoint- 
ed by  Laramie  county  is  not  here.  I  have  telegraphed  to  Fort 
Collins  for  him  and  he  will  be  here  tomorrow. 

Mr.  JEFFREY.  I  wish  to  state  that  before  the  rules  are 
printed  Mr.  Slack  has  agreed  to  send  a  proof  up  here,  and  we 
can*  then  find  out  about  what  time  we  can  have  them. 

Mr.  PRESIDENT.  Would  it  not  be  well  to  send  this  down 
at  once,  so  that  they  might  begin  setting  up  the  type,  even 
before  he  sends  the  proof  up  ? 

Mr.  JEFFREY.  The  suggestion  of  the  gentleman  from 
Laramie  will  be  caried  out,  and  this  list  will  be  sent  to  the 
printers  as  soon  as  it  can  be  prepared. 

Mr.  PRESIDENT.  If  there  is  no  unfinished  business,  I 
have  a  communication  from  the  governor  of  the  territory  that 
I  will  lay  before  the  convention.  Mr.  Assistant  Secretary, 
will  you  read  the  communication  with  its  accompanying  docu- 
ment. 

EXECUTIVE  DEPARTMENT, 
Cheyenne,  Wyo.,  Sept.  5,  1889. 

Hon.  M.  C.  Brow^n, 

President  Constitutional  Convention, 

Cheyenne,  Wyoming. 

gir: — i  have  the  honor  to  enclose  you  herewith,  for  the 
information  of  the  members  of  the  constitutional  convention', 
copy  of  a  letter  recently  received  with  relation  to  the  con- 
templated visit  to  Wyoming  of  the  U.  S.  Senate  Committee 
on  arid  lands  and  irrigation. 

Very  respectfully, 
(Signed)     FRANCIS  E.  WARREN, 

Governor. 


!34  CONSTITUTIONAL  CONVENTION. 

San  Francisco,  Cal.,  August  29,  1889. 
Hon.  F.  E.  Warren, 

Governor  of  Wyoming  Territory. 

Dear  Sir: — By  direction  of  Senator  Win.  M.  Stewart,  chair- 
man of  the  U.  S.  Senate  Committee  on  arid  lands  and  irriga- 
tion, I  write  to  say  that  as  at  present  advised,  the  said  com- 
mittee of  said  body  will  visit  Cheyenne,  arriving  sometime  in 
Sent  ember,  about  the  22d  to  the  26th  of  that  month.  As  it 
will  be  impossible  for  the  committee  to  go  elsewhere  than 
your  capital.  Senator  Stewart  desires  me  to  urge  upon  you 
the  advisability  of  securing  the  attendance  there  of  as  many 
representative  citizens  who  understand  your  irrigation  plans 
and  needs,  so  that  their  testimony  may  foe  secured.  You  will 
be  advised  by  telegraph,  probably  from  El  Paso,  of  a  more 
definite  date. 

Very  respectfully, 
(Signed)     RICHARD  J.  HINTON, 

Irrigation  Engineer. 

Mr.  PRESIDENT.  The  communication,  unless  there  is 
some  motion  to  the  contrary,  will  be  referred  to  the  committee 
on  miscellaneous  matters.  I  would  suggest,  if  the  conven- 
tion will  permit  me,  that  the  committee  confer  with  Gover- 
nor Warren  about  this  expected  visit,  and  what,  if  anything, 
can  be  done  by  us  to  aid  in  giving  information  to  this  con- 
gressional committee,  and  to  aid  the  cause  of  irrigation  that 
they  have  in  hand. 

Mr.  SMITH.  I  move  that  this  committee  be  instructed 
to  take  charge  of  the  matter,  and  make  provision  for  suclf 
action  as  may  be  deemed  expedient  and  proper  and  report  to 
this  convention  anything  that  they  may  deem  it  advisable 
for  the  convention  to  do. 

Mr.  RINER.  It  seems  to  me,  but  I  don't  wish'  to  interfere 
with  tire  president's  reference  at  all,  that  as  the  proposed 
investigation  relates  so  entirely  to  the  question  of  irrigation, 
it  seems  to  me  that  this  matter  should  be  referred  to  the 
committee  on  irrigation,  and  I  move  that  it  be  referred  to 
thr.t  committee. 

Mr.  CAMPBELL.     I  second  the  motion. 

Mr.  PRESIDENT.  I  wish  to  say  to  the  gentleman  from. 
La  ramie  that  communications  of  any  character,  I  understand, 
generally  go  to  the  committee  on  miscellaneous  matters,  but 
I  suggest  that  if  the  convention  desire  any  special  reference 
that  I  will  refer  it  to  that  committee. 

Mi'.  POTTER.    It  seems  to  me  more  than  proper. 

Mr.  PRESIDENT.  Gentlemen,  you  have  heard  the  motion 
made  by  the  gentleman  from  Laramie  that  this  communica- 
tion be  referred  to  the  committee  on  irrigation.  May  there 
be  incorporated  in  that  motion  the  further  motion  suggested 
by  the  gentleman  from  Carbon  of  consulting  with  the  gover- 
nor, and  report  what,  if  anything,  need  be  done  by  this  con- 


PROCEEDINGS  AND  DEBATES. 


35 


vention?    Is  that  the  desire  of  .the  gentleman  from  Lararnie? 

Mr.  RINER.    Yes. 

Mr.  PRESIDENT.  The  motion  will  be  considered  under- 
stood in  that  way.  Are  you  ready  for  the  question?  All  in 
favor  of  the  motion  say  aye;  those  opposed,  no.  The  ayes, 
have  it.  The  communication  is  referred  to  the  committee 
on  irrigation,  with  the  instructions  covered  by  this  motion. 

Mr.  RINER.  In  order  that  this  proposition  in  regard  to 
the  printing  for  the  convention  may  be  disposed  of,  I  move 
that  the  proposition  made  by  Mr.  E.  A.  Slack,  of  the  Chey- 
enne "Sun,"  be  accepted,  and  that  all  the  printing.be  referred, 
to  that  office,  to  be  done  with  the  approval  of  the  printing 
committee.  The  proposition  was  submitted  yesterday,  but 
not  acted  upon,  as  I  remember. 

Mr.  SMITH.    I  second  the  motion. 

Mr.  PRESIDENT.  Gentlemen,  you  have  heard  the  motion 
as  made  by  the  gentleman  from  Laramie,  the  substance  of 
which  was,  as  I  remember,  that  all  matter  to  be  printed 
should  pass  through  the  hands  of  the  committee  on  printing, 
and  that  the  work  to  be  done  by  the  "Sun"  office,  or  in  siib- 
stance  amounting  to  that. 

Mr.  RI^ER.  Upon  the  terms  proposed  by  him  he  was 
to  take  his  chances  for  an  appropriation  for  his  pay. 

Mr.  COFFEEN.  There  is  just  one  question  arising  as  to 
this.  I  think  the  proposition  of  the  "Sun"  was  to  do  the 
printing  (taking  his  chances  for  remuneration  hereafter)  by 
bid  or  specified  agreement  on  the  whole  or  a  part.  It  appears 
to  me  that  this  convention  has  the  power  to  refer  this  to  the 
committee  to  be  considered  in  connection  with  any  bids  that 
may  come  in  from  other  sources.  •  I  only  rise  to  say  this  that 
you  may  see  the  bearings  of  this.  You  have  passed  it  be- 
yond your  reach,  as  to  the  question  of  price,  if  you  pass  over 
the  thing  in  an  omnibus  way,  an  accumulated  way,  in  that' 
shape,  and  I  think  your  constituency  will  expect  of  you  that 
you  take  reasonable  care  of  the  expenses  as  you  go  along. 

Mr.  CAMPBELL.  I  agree  with  the  gentleman  from  Sher- 
idan. It  was  only  this  morning  I  had  a  talk  with  a  printer* 
here  an  town,  Mr.  Bristol,  of  the  firm  of  Bristol  &  Knabe. 
I  met  him  at  the  Inter  Ocean  corner,  and  he  asked  me  whether 
any  propositions  had  been  made,  and  whether  the  contract 
had  been  awarded  the  "Sun"  office.  I  said  the  committee  on 
printing  would  have  the  matter  in  , charge,  and  he  said  at 
that  time  that  they  wanted  to  be  given  an  opportunity  to 
put  in  bids,  and  that  he  was  willing  to  do  the  work  upon  the 
same  terms  as  Slack.  I  think  it  is  premature  to  award  this 
contract  to  any  one  person.  If  there  are  other  printers  who 
want  to  do  this  work,  let  them  have  an  opportunity  to  put 
in  their  bids,  and  see  what  they  are  willing  to  do  the  work 
for, 


CONSTITUTIONAL  CONVENTION. 

Mr.  REID.  I  fully  agree  with  Mr.  Campbell.  I  think  it- 
would  be  unjust  in  the  extreme  to  the  five  other  printing1 
otlices  in  this  town  to  award  this  contract  to  Slack  without 
consultm"1  t liein.  There  are  printing  offices  in  Laramie  City, 
and  all  alonu  the  line  of  this  road,  and  I  tell  you  it  looks  hardly 
the  square  deal  to  award  this  contract  without  consulting 
them. 

31  r.  RINEB.  Perhaps  I  niay  be  allowed  to  explain.  Per- 
haps my  motion  was  not  broad  enough,  although  I  intended 
fully  it  should  be.  The  whole  matter  is  to  be  arranged  upon; 
the  basis  of  Mr.  Slack's  proposition,  which,  as  I  understand 
it  yes  tin-day,  was  that  he  would  do  the  printing  on  estimates 
made,  and  I  supposed  upon  the  general  authority  of  the 
standing  committee  on  printing,  they  would  be  the  proper 
persons  to  make  such  estimates,  and  if  there  are  any  other 
printers  who  wish  to  make  bids,  they,  could,  of  course,  fur- 
nish the  estimates  to  them.  Of  course,  if  there  are  any  other 
printing  companies  who  can  do  the  work  for  less  than  Mr. 
Slack,  I  am  in  favor  of  giving  it  to  them.  I  simply  brought 
the  matter  up  that  his  proposition  be  accepted,  and  thought 
the  matter  of  arrangement  could  be  left  to  the  printing  com- 
mittee to  make  the  best  possible  agreement  in  order  that  wd 
might  have  some  arrangement  made  for  printing  as  we  shall 
want  to  have  it  done  from  day  to  day,  and  whatever  is  done 
in  regard  to  this  matter  should  be  done  speedily. 

The  GENTLEMAN  FROM  ALBANY.  'As  I  'understand 
the  motion  of  the  gentleman  from  Laramie,  it  would  take  the' 
matter  entirely  out  of  the  hands  of  the  committee  to  award 
it  to  Slack,  should  his  motion  prevail. 

Mr.  BURRITT.  I  move  as  a  substitute  to  that  that  the 
communication  of  Mr.  Slack  be  referred  to  the  printing  com- 
mittee, and  that  they  be  instructed  to  make  the  best  possi- 
ble agreement  for  the  necessary  printing  of  this  convention. 

Mr.  ORGAN.    I  second  the  motion. 

Mr.  BINER.  I  will  accept  that  as  a  substitute  for  my 
motion,  so  as  to  get  the  matter  attended  to. 

Mr.  PRESIDENT.  I  don't  like  to  make  suggestions  to 
the  ^entlemen  on  the  floor,  but  it  occurs  to  me  that  it  would 
be  well  if  there  was  incorporated  into  that  motion  the  fur- 
ther provision  that  the  contract  be  made  upon  the  best  pos- 
sible terms  as  to  price,  and  under  the  conditions  stated  in1 
Mr.  Slack's  letter.  That  is,  that  he  would  undertake  to  doi 
the  printing  and  take  his  chances  of  remuneration  hereafter. 

Mr.  BURRITT.  I  move  that  we  incorporate  that  last  sug- 
gestion "under  the  terms  suggested  in  Mr.  Slack's  letter." 

Mr.  PRESIDENT.  Gentlemen,  you  understand  the  motion 
as  made  by  the  gentleman  from  Johnson.  Are  you  read}? 
for  the  question?  All  in  favor  of  the  motion  will  say  aye, 
1hose  opposed  no.  The  communication  from  Mr.  Slack  is  re- 
ferred to  the  committee  on  printing,  with'  the  instructions 
covered  bv  the  motion. 


PROCEEDINGS  AND   DEBATES.  ,  ^ 

Mr.  COFFEEN.  I  desire  to  have  the  resolution  which  is 
on  the  secretary's  desk  read. 

Mi'.  PRESIDENT.    The  secretary  will  read  the  resolution. 

RESOLUTION  OF  MR.   COFFEEN. 

Resolved,  That  the  Territorial  Librarian  be  requested  to 
furnish  one  copy  of  the  Revised  Statutes  of  Wyoming  to  each 
member  of  the  convention  at  his  earliest  convenience. 

Mr.  COFFEEN.  Mr.  Chairman,  I  move  the  adoption  of  that 
resolution. 

Mr.  J3UKRITT.    I  rise  to  second  the  motion. 

Mr.  PRESIDENT.  You  have  heard  the  resolution  read. 
The  motion  is  for  the  adoption  of  the  resolution.  Are  you 
ready  .for  the  question. 

Mr!  COFFEEN.  I  think  it  may  be  well  for  me,  as  the 
mover  of  that  motion  to  say  a  word.  I  am  authorized  to  state 
on  behalf  of  the  librarian,  and  others  who  have  canvassed 
this  matter,  'that  the  librarian  will  feel  himself  authorized  to; 
do  this  if  it  comes  officially  from  this  convention. 

Mr.  PRESIDENT.    Any  further  remarks? 

Mr.  SMITH.  There  is  one  thing.  I  would  ask  Mr.  Coffeen 
if  we  are  to  have  part  of  it  if  we  might  not  have  it  all.  There 
is  a  copy  of  the  session  laws  in  addition  to  the  revised  stat- 
utes. I  would  ask  Mr.  Coffeen  to  furnish  both. 

Mr.  COFFEEN.  I  cannot  include  in  this  motion  the  point 
named,  and  will  state  in  this  connection  that  there  is  a  great 
scarcity  of  session  laws.  That  matter  has  been  considered, 
but  I  understand  that  a  copy  of  the  session  laws  will  be  fur- 
nished  to  each  committee  room,  notwithstanding  the  scarcity. 
There  is  an  abundance  of  the  other,  but  under  the  circum- 
stances I  cannot  well  include  the  session  lawrs. 

Mr.  PRESIDENT.  Any  further  remarks?  The  Chair  hears 
none.  Question.  The  question  is  on  the  adoption  of  the  res- 
olution. All  in  favor  of  the  resolution  will  say  aye;  those  op- 
posed, no.  The  ayes  have  it.  The  resolution  is  adopted. 

Mr.  PRESIDENT.  I  suppose  our  sergeant-at-arms  will  act 
in  place  of  a  page  until  such  time  as  we  can  get  further  help, 
carrying  such  communications  as  may  be  necessary. 

Mr.  FOX.     I  desire  to  offer  a  resolution. 

Mr.  PRESIDENT.     Mr.  Fox,  of  Albany,  offers  a  resolution. 

Mr.  COFFEEN.  I  would  inquire  whether  our  resolution 
notifying  certain  state  officials,  delegate  in  congress,  etc., 
that  they  are  entitled  to  seats  on  the  floor,  has  been  com- 
municated to  these  parties,  and  if  not,  I  wish  that  it  mighty 
"be  done. 

Mr.  PRESIDENT.  I  see  our  delegate  in  congress  is  pres- 
ent, and  as  the  president  of  the,  convention  I  would  be  glad 
to  convey  to  him  the  information  expressed  by  the  gentleman 
from  Sheridan  that  he  is  entitled  to  a  seat  on  the  floor,  and  I 
•should  be  very  glad  to  have  him  use  his  privilege  at  any  timt\ 


138  CONSTITUTIONAL  CONVENTION. 

The  resolution  of  Mr.  Fox  may  be  read. 

Assistant  secretary.     By  Mr.  Fox  of  Albany: 

Resolved,  That  all  matter  any  member  may  wish  to  be  in- 
corporated in  the  constitution  shall  be  first  introduced  in  the 
convention  in  writing,  to  be  read  by  the  member  introducing 
the  same,  or  by  the  clerk  of  the  convention,  and  after  a  second 
reading  shall  be  referred  to  the  appropriate  committee  with-* 
out  debate.  And  no  matter  shall  be  incorporated  in  the  con- 
stitution until  the  subject  to  which  it  relates  shall  have  first 
been  considered  and  reported  upon  by  the  committee  of  the 
whole. 

Each  article  or  resolution  so  introduced  shall  be  printed,  giv- 
ing its  consecutive  number  of  introduction,  and  a  copy  thereof 
shall  be  furnished  to  each  member  before  its  second  reading; 
Providing1,  that  nothing  in  this  resolution  shall  prevent  the1 
introduction  of  original  matter  by  any  standing  committee. 

Mr.  MORGAN/  I  would  like  to  have  that  amended,  I  think, 
just  a  little,  and  that  is  that  it  should  not  be  mandatory  that 
every  document  of  that  kind  should  be  read  unless  called  for. 

There  might  be  a  very  long  document  presented  here,  and! 
it  might  not  be  desirable  to  haA7e  it  read  at  that  time.  Tt  could 
go  to  the  proper  committee.  We  could  leave  all  that  to  the 
pleasure  of  the  one  presenting  the  paper. 

Mr.  FOX.  My  object  in  introducing  this  resolution  was  this. 
I  confess  my  ignorance  of  Cushing's  manual.  I  don't  know 
what  the  order  of  proceeding  is,  and  I  think  we  should  have 
some  understanding  about  it.  If  the  convention  chooses  to 
adopt  this  resolution,  I  will  understand  it,  and  if  they  don't 
choose  to  adopt  it,  it  will  bring  to  light  Cushing's  manual. 

Mr.  POTTER.     I  second  the  adoption  of  the  motion. 

Mr.  PRESIDENT.  The  matter  is  now  before  the  conven- 
tion for  its  consideration. 

Mr.  POTTER.  Answering  the  objection  that  my  colleague 
makes,  I  desire  to  make  a  suggestion.  If  this  is  like  a  legis- 
lative body,  or  if  matters  are  presented  in  the  same  manner, 
they  would  all  have  a  title,  and  if  they  have  anything  like  a 
title,  they  could,  of  course,  be  read  in  that  way,  by  title,  by 
motion.  Or,  if  no  title  appears,  it  might  be  read  by  the  first 
line  say,  or  have  it  considered  read  by  motion.  I  think  there 
might  be  some  objection  to  reading  a  long  document  like  the 
one  I  see  behind  me  here. 

Mr.  PRESIDENT.  As  suggested  by  the  gentleman  from 
Laramie,  perhaps  reading  the  whole  thing  could  be  avoided 
by  reading  by  title,  or  by  reading  under  the  proper  head,  OP 
subject,  under  which  the  matter  should  be  presented.  Any 
further  remark's. 

Mr.  BURR  ITT.     I  rise  to  ask  whether  we  are  now  work- 
ing under  the  rules  adopted  yesterday? 
Mr.  SMITH.    I  think  we  are. 


PROCEEDINGS  AND  DEBATES.  j  ^. 

Mr.  BURBITT.  Then  I  object  to  the  consideration  of  this* 
resolution.  The  reason  for  my  objection  is,  I  have  a  recollec- 
tion that  three  rules  taken  together  cover  everything  contained 
in  this  resolution  except  the  matter  of  printing,  which  would, 
if  carried  out  as  I  understand  that  resolution  now,  bankrupt) 
a  richer  assembly  than  this  convention,  perhaps  the  territory 
of  Wyoming.  I  therefore  object,  giving  notice  that  I  desire 
to  be  heard  on  this  resolution. 

Mr.  PRESIDENT.  Does  the  gentleman  from  Johnson  so 
fully  remember  the  rules  that  he  can  refresh  the  memory  of 
the  chair  upon  that  subject? 

Mr.  BURRITT.  The  chair  will  recall  that  the  rules  pro- 
vide that  propositions  when  introduced  shall  be  in  writing; 
tint  they  shall  then  be  referred  to  an  appropriate  committee; 
the  standing  committee  first,  then  the  committee  of  the  whole 
convention,  and  third,  to  a  select  committee,  and  when  three 
matters  are  offered  at  one  time  they  shall  be  taken  in  the  con- 
verse way  in  which  they  are  made.  That  only  such  proposi- 
tions as  the  convention  shall  order  printed  shall  be  printed, 
and  it  shall  be  subject  to  the  order  of  the  convention  upon 
each  proposition  introduced.  If  there  should  happen  to  be 
five  or  six  complete  constitutions  presented,  I  am  a  little  suspi- 
cious about  the  capacity  of  the  printing  office  that  might  get^ 
the  job,  and  our  getting  home  in  one  month.  My  recollection: 
is,  Mr.  President,  I  may  be  mistaken,  that  under  the  rules  res- 
olutions giving  rise  to  debate  shall  lie  over  one  day  before, 
being  acted  upon  if  upon  their  introduction  any  member  givet 
notice  that  he  desires  to  be  heard.  If  I  am  correct  the  objec- 
tion of  a  member  desiring  to  be  heard  disposes  of  the  proposi- 
tion until  the  following  day  without  further  debate.  I  desire 
to  give  notice  to  that  effect. 

Mr.  PRESIDENT.  I  so  understand  the  rules. 

Mr.  MORGAN.     Mr.  President. 

Mr.  PRESIDENT.  The  gentleman  from  Laramie,  Mr.  Mor- 
gan. 

Mr.  MORGAN.  If  I  am  in  order,  I  have  the  honor  to  pre^ 
sent  for  the  consideration  of  this  convention,  a  constitution  for 
the  state  of  Wyoming.  This  constitution  was  prepared  by  an 
ex-chief  justice  of  this  territory,  Judge  J.  W.  Fisher.  Judge 
Fisher  has  spent  weeks  of  patient,  conscientious  work  in  pre- 
paring this  document,  prompted  only,  I  believe  by  love  and 
devotion  to  the  country  for  which  he  so  bravely  fought,  and 
for  the  territory  where  he  has  so  long  lived.  He  did  not  request 
or  have  any  ambition  to  have  his  name  mentioned  in  this  con- 
nection but,  of  course,  I  could  not  present  the  result  of  his 
work  without  giving  him  the  proper  credit. 

Mr.  REID.  I  suggest  that  Mr.  Jeffrey,  as  secretary,  rea(< 
that  document. 

Mr.  PRESIDENT.  In  our  order  of  business,  as  fixed  by  the- 
rules,  is  there  a  time  for  the  introduction  of  matters  to  be 


140 


CONSTITUTIONAL  CONVENTION. 


considered  by  the  convention,  or  is  the  introduction  of  such 
things  allowable  at  any  time?  - 

Mr.  BU.RRITT.  I  would  like  to  inquire  of  the  gentleman 
from  Laramie,  Mr.  Morgan,  if  he  intends  that  as  a  proposition? 

Mr.  MORGAN.     What  do  you   mean  by  a  proposition? 

Mr.  BURRITT.  Mr.  President,  the  rules  provide  that  all 
propositions  for  the  constitution  shall  be  submitted  in  the 
order  of  their  introduction,  and  shall  be  numbered  from  one 
consecutively,  as  I  remember,  and  if  this  is  a  proposition  it 
should  be  properly  numbered. 

Mr.  MORGAN.    Certainly  this  is  a  proposition. 

Mr.  PRESIDENT.  The  chair  would  state  that  it  is  at  least 
the  evident  intention  of  our  rules,  so  far  as  I  remember  them, 
and  my  memory  is  not  very  clear  about  it,  in  regard  to  proposi- 
tions received  is  simply  this.  That  a  member  may  present 
parts  of  a  constitution,  but  if  a  Avhole  constitution  is  covered 
by  his  proposition,  it  should  be  numbered  so  that  it  might  be 
referred  by  different  portions  to  the  different  committees,  i 
don't  know  in  what  form  this  entire  constitution  comes,  not 
having  examined  it,  but  it  will  certainly  have  to  be  referred  in 
parts  to  the  different  commitees. 

Mr.  MORGAN.     Mr.  President. 

Mr.  PRESIDENT.    Mr.  Morgan. 

Mr.  MORGAN.  I  would  just  state  that  I  understand  Ihar, 
that  is  the  way  it  is  prepared  so  it  can  be  referred  to  the  com- 
mittees in  parts.  I  believe  there  is  but  one  subject  on  a  page  if 
I  am  not  mistaken. 

GENTLEMAN  FROM  FREMONT.  I  move  that  the  first 
and  last  line  of  this  constitution  be  read  and  the  constitution 
accepted. 

Mr.  COFFEEN.  I  desire  to  suggest  that  the  gentleman  from 
Laramie  who  offered  this  proposition  move  its  reference  to  a 
•special  committee  on  division.  Then  they  could  divide  it  up  and 
prepare  it  for  the  proper  committees.  I  do  not  desire  to  make 
such  a  motion  myself,  but  simply  suggest  it  to  Mr.  Morgan. 

Mr.  SMITH.    I  second  the  motion. 

Mr.  HOYT.    Mr.  President. 

Mr.  PRESIDENT.    The  gentleman  from  Albany,  Mr.  Hoyt. 

Mr.  HOYT.  I  rise  for  information.  Would  it  be  out  of  cr  ler 
to  refer  this  to  the  judiciary  committee,  without  the  necessity 
of  appointing  a  special  committe? 

Mr.  PRESIDENT.  I  understand,  gentlemen  of  the  conven- 
tion, from  such  information  as  has  been  furnished  by  Mr.  Mor- 
gan, that  this  constitution  which  he  has  presented  is  so  di-' 
Tided  that  there  will  be  no  trouble  in  referring  it  to  the  differ- 
ent committees  as  it  is  now  presented.  If  the  chair  finds  diffi- 
culty in  referring  it  to  the  different  committees  it  will  ask 
tin  aid  of  the  convention  when  it  becomes  necessary.  No  mo- 
tion is  necessary  at  the  present  time. 


PROCEEDINGS  AND  DEBATES.  l/^l 

Mr.  BUKRITT.  I  move  that  this  proposition  be  referred  to 
the  committee  on  legislative  department,  with  the  request  that 
they  divide  it  up,  and  report;  it  back  to  the  convention  as  soon 
as  convenient.  I  make  this  motion  with  all  the  more  readi- 
ness as  the  gentleman  from  Laramie,  Mr.  Morgan,  is  on  that 
committee. 

Mr.  RINER.     I  second  the  motion. 

Mr.  PRESIDENT.  The  gentleman  from  Laramie,  Mr.  Pot- 
ter. 

Mr.  POTTER.  I  rise  to  a  point  of  order.  T  don't  think 
thai;  that  proposition  is  subject  to  reference  by  this  convention, 

Mr.  RTNER.  I  would  further  amend  Mr.*  Burritt's  motion- 
by  requesting  that  this  bill  be  read  by  title  only  and  then  re- 
ferred. 

Mr.  ELLIOTT.  I  rise  to  another  point  of  order.  You  can 
not  amend  a  motion  that  is  out  of  order. 

Mr,  PRESIDENT.  Your  exception  is  Avell  taken.  The 
chair  is  unable  to  remember  the  different  motions  made.  Ori 
this  motion  to  refer,  I  would  simply  say  that  under  my  recol-, 
lection  of  the  rules  it  can  not  be  referred  at  this  time.  It  is 
a  little  difficult  to  pass  an  opinion  upon  any  of  these  questions 
without  having:  the  rules  before  us,  but  that  would  be  my 
recollection  of  the  rules.  Now,  the  first  motion  being  out  of 
order,  the  gentleman  from  Laramie,  Mr.  Riner,  makes  the  rno^ 
tion  that  it  be  read  by  title.  That  motion  I  understand  is 
seconded.  I  think  that  it  is  proper,  although  I  have  not  the 
rules  before  me  to  refer  to,  but  I  think  the  motion  to  read  by 
title  is  a  proper  one  and  in  order. 

Mr.  SMITH.  I  understand  that  to  be  the  rule,  Mr.  Pres- 
ident, but  it  wras  not  Mr.  Riner's  motion.  His  was  to  amend 
the  motion  of  Mr.  Burritt. 

Mr.  RINER.  I  seconded  Mr.  Burritt's  motion,  and  then 
asked  his  permission  to  amend  it  and  have  it  read  by  titled 
and  then  refer  it  to  the  committee  on  legislative  department, 
that  they  might  consider  it  and  report  it  back  to  the  conven- 
tion, so  that  they  could  refer  it  to  the  proper  committees. 

Mr.  PRESIDENT.  The  chair  understands  the  motion  in 
that  way. 

The  gentlemen  of  the  convention  will  come  to  order.  I 
have  glanced  over  the  rules  as  sent  back  to  us  from  the  printer, 
and  am.  satisfied  that  what  we  have  here  does  not  incorporate 
all  that  was  included  in  the  rules  as  originally  passed  by  th^ 
convention.  If  it  is  all  incorporated  in  this  reprint  I  have; 
failed  to  find  any  reference  to  the  particular  matter  now  before 
the  house  as  to  the  introduction  of  bills,  or  anything  approach-* 
ini;1  a  bill,  and  in  the  absence  of  the  rules,  will  have  to  rehf 
upon  our  remembrance  of  them. 

Mr.  MORGAN.     We  cannot  quite  hear  you. 

Mr.  PRESIDENT.  The  question  now  is  shall  this  consti- 
tution offered  by  Mr.  Morgan  be  referred  to  the  committee  on 


I42  CONSTITUTIONAL  CONVENTION. 

legislative  department.     To  be  read  by  title  and  so  referred. 
Are  von  ready  for  the  question? 

Mr.  MORGAN.  It  seems  to  me  that  ordinary  parliamen- 
tary practice  should  be  for  the  chair  to  refer  it.  I  think  it  is 
so  arranged  that  it  can  easily  be  referred  by  the  chair  in  that 
way.  Mr.  Campbell  has  examined  this  more  recently  than  ^ 
have,  and  I  think  he  understands  that  it  is  arranged  in  that 
WRY. 

"Mr.  CAMPBELL.  I  understand  that  it  is  arranged  in  that 
way. 

Mr.  PRESIDENT.  As  the  chair  understands  this  power 
to  refer,  our  rules  expressly  provide  that  the  chair  shall  refer 
a  proposition  to  its  proper  committee,  unless  the  convention 
otherwise  direct.  A  motion  has  been  made  to  refer  this  in* 
a  peculiar  way,  and  .the  motion  is  in  order. 

Mr.  RINER.  If  I  may  be  permitted  to  further  explain. 
The  only  purpose  I  had  in  this  was  to  save  the  chair  the  ne- 
•cessity  of  taking  this  document  and  wade  through  it,  and  en- 
deavoring to  find  out  the  committees  to  which  the  subjects, 
therein  considered  should  be  referred.  My  idea  is  that  each 
subject  considered  should  be  presented  separately  and  I  think 
it  the  duty  of  the  committee,  or  of  any  gentleman  offering  a 
proposition  to  see  that  it  is  so  prepared  so  the  chair  can  seq 
.at  a  glance  where  it  should  go,  without  being  obliged  to  go; 
to  work  and  figure  it  out.  If  it  is  prepared  without  reference 
to  any  particular  committee,  I  think  the  chair  would  be  glad 
of  any  suggestions  as  to  where  the  different  subjects  there 
treated  of  should  go.  It  is  simply  for  the  purpose  of  expediting 
the  work  of  the  president  that  I  make  this  suggestion. 

Mr.  CAMPBELL.  As  Mr.  Morgan  says,  I  have  read  the* 
constitution  through  very  recently.  There  are  a  jrreat  many 
good  things  in  it.  I  think  it  would  be  well  to  consider  it  in 
connection  with  the  constitution  to  be  formulated  by  this  con- 
vention. My  own  idea  would  be  that  it  should  be  referred  in; 
parts  to  the  different  committees  of  this  convention.  For  in- 
stance on  different  pages,  under  separate  titles,  he  has  devoted 
SL  good  deal  of  space  to  taxation,  ways  and  means,  railroads, 
federal  relations,  etc.  These  should  be  referred  to  the  partic- 
ular committee  of  this  convention  having  those  things  in  charge 
nnd  in  that  way  it  could  be  easily  disposed  of. 

Mr.  PRESIDENT.  The  question  is  upon  the  reference  of 
the  proposition  to  the  committee  on  legislative  department, 
with  instructions  that  they  divide  it  up  and  refer  it  'to  the 
appropriate  committees.  All  in  favor  of  the  motion  will  say 
a\'-;  those  opposed,  no.  The  noes  have  it.  The  matter  pre- 
sented will  not  be  so  referred. 

The  chair,  would  suggest,  and  I  think  the  gentleman  from 
Larninie.  Mr.  Kiner,  made  a  ^ery  proper  suggestion  in  regaro\ 
to  these  matters,  that  we  must,  it  seems  to  me,  keep  track  of 
all  this  matter  as  files. 


PROCEEDINGS  AND  DEBATES.  ^3 

There  must  be  some  way  of  keeping  our  records  so  as  to. 
show  where  each  file  goes,  and  to  what  committee,  and  as  this 
is  divided  up  each  portion  of  it  forms  a  file  by  itself.  If  there 
is  no  objection  the  chair  will  examine  the  matter  presented, 
and  divide  it  up  as  best  it  can,  and  they  will  then  be  read  b$ 
title,  according  to  the  motion  made,  and  referred  to  the  differ- 
ent committees. 

Mr.  SMITH.    Mr.  President. 

Mr.    PRESIDENT.      The   gentleman   from   Carbon,    Mi\ 
-Smith. 

Mr.  SMITH.  I  was  not  going  to  make  a  motion,  but  shoulc^ 
like  to  ask  for  a  little  information.  If  my  recollection  is  cor- 
rect the  rules  provide  that  all  matter  introduced  shall  be  read. 
Is  that  so? 

Mr.  PRESIDENT.    That  I  believe  is  the  rule. 

Mr.  SMITH.  If  that  is  the  case,  how  are  you  going  to 
avoid  it? 

Mr.  PRESIDENT.  I  think  reading  by  title  and  referring 
will  answer  in  this  case. 

Mr.  POTTER.  Will  the  secretary  read  the  title  to  File 
tfo.  1? 

Mr.  PRESIDENT.  The  secretary  will  please  read  as  re- 
quested. 

SECRETARY.  File  No.  1,  introduced  by  Mr.  Morgan, 
entitled  Declaration  of  Rights. 

Mr.  TESCHEMACHER.    Mr.  President. 

Mr.  PRESIDENT.  The  gentleman  from  Laramie,  Mn 
Teschemacher. 

Mr.  TESCHEMACHER,  I  move  that  we  take  a  recess  of 
fifteen  minutes  to  allow  the  president  to  read  the  file  over, 
and  allow  the  Laramie  county  delegation  to  smoke  their  ci- 
gars. 

Mr.  REID.    I  second  the  motion. 

Mr.  PRESIDENT.  The  motion  is  that  we  take  a  recess  of 
fifteen  minutes.  All  those  in  favor  of  the  motion  will  say1, 
aye;  those  opposed  no.  The  ayes  have  it,  and  the  motion  pre- 
vails. 

RECESS. 

Mr.  PRESIDENT.     The  gentlemen  will  come  to  order. 

GENTLEMAN  FROM  UINTA.  Mr.  Chairman.  Is  there 
a  motion  before  the  house?  If  not,  there  is  a  matter  I  want  toi 
speak  of  while  I  think  of  it.  The  roll  call  this  morning  shows, 
that  my  colleague,  Mr.  Clark,  is  absent,  and  I  desire  to  state 
that  while  I  have  an  impression  that  Mr.  Clark  obtained  leave 
of  absence  from  the  president  of  this  convention,  in  order  that 
he  might  attend  to  his  professional  duties  in  the  district 
court  at  Evanston,  still  I  think  that  the  record  ought  to  show* 
that  Mr.  Clark  is  not  absent  without  leave,  and  for  that  pur- 
pose I  will  move  that  Mr.  Clark  be  excused  from  further  attend- 


!^  CONSTITUTIONAL  CONVENTION 

ence  upon  this  convention  until  such  time  as  his  professional' 
duties  will  permit  him  to  return,  if  I  can  obtain  a  second. 

Mr.  COX  AWAY.    Second  the  motion. 

Mr.  PRESIDENT.  I  will  state  to  the  convention  that  it  is 
not  in  the  power  of  the  president  to  excuse  any  one,  but  that 
Mr.  ("lark  informed  me  that  he  desired  to  be  absent,  and 
would  be  glad  to  be  excused.  If  there  is  no  objection,  I  wilF 
not  put  the  motion  fully,  but  Mr.  Clark  will  be  excused  and 
our  record  will  so  show.  There  being  no  objection  it  is  so  or- 
dered. 

Gentlemen  of  the  Convention:  Your  president  has  done  the 
best  he  could  to  separate  the  matter  that  was  presented  for 
your  consideration,  and  we  will  now  have  it  read  by  title  in* 
accordance  with  the  motion  before  made,  and  referred  to  the 
proper  commitees.  We  wall  do  the  best  we  can  to  get  it  to  the 
proper  committees. 

The  secretary  will  please  read  title  1. 

SECRETARY.  File  No.  1,  introduced  by  Mr.  Morgan-,.. 
September  5th,  1889,  entitled  Declaration  of  Rights. 

Mr.  PRESIDENT.  File  No.  1  will  first  be  disposed  of.  It 
has  been  read  by  title  and  will  be  referred  to  Committee  No  1 
on  Preamble  and  Declaration  of  Rights. 

Mr.  PRESIDENT.  The  secretary  will  read  the  title  to* 
File  No.  2. 

SECRETARY.  File  No.  2,  by  Mr.  Morgan,  Legislative  De- 
partment. 

Mr.  PRESIDENT.  If  there  is  no  objection,  File  No.  2,  hav- 
ing been  read  by  title,  will  be  referred  to  Committee  No.  2, 
Legislative  Department,  unless  the  convention  should  order- 
otherwise.  There  being  no  motion  to  otherwise  refer  it,  it  is 
referred  to  the  Committee  on  Legislative  Department,  No.  2: 

The  secretary  will  please  read  File  No.  3  by  title. 

SECRETARY.    File  No.  3,  by  Mr.  Morgan,'  Executive. 

Mr.  PRESIDENT.  If  there"  is  no  objection,  File  No.  3, 
having  been  read  by  title,  will  be  referred  to  Committee  No.. 

3,  Executive  Department. 

The  secretary  will  read  File  No.  4  by  title. 
SECRETARY.    File  No.  4,  by  Mr.  Morgan,  Judiciary. 
Mr.  PRESIDENT.     File  No.  4  having  been  read  by  title- 
unless  otherwise  ordered  will  be  referred  to  Committee  No. 

4,  Judiciary.    There  being  no  motion,  it  is  so  ordered,  Mr.  Sec- 
retary. 

The  secretary  will  please  read  File  No.  5  by  title. 
SECRETARY.     File  No.  5,  by  Mr.  Morgan,  Qualifications- 
for  Office. 

Mr.  PRESIDENT.  You  have  heard  File  No.  5  read  by  title 
and  if  there-  is  no  objection  it  will  be  referred  to  Committee 
No.  5,  Qualifications  for  Office,  etc.  There  being  no  objection 
heard  it  is  so  ordered. 

The  secretary  will  please  read  File  No.  6  by  title. 


PROCEEDINGS  AND  DEBATKS.  ,45 

Sp;CRETARY.    File  No.  <>,  Elections,  ny  Mr.  Morgan. 
Mr.  PRESIDENT.     File  No.  (\  having  been  read  by  title, 
unless  otherwise  ordered,  will  be  referred  to  Committee  No.  5, 
on  Elections,  etc. 

The  secretary  will  read  File  No.  7  by  title. 
SECRETARY.     File  No.  7,  by  Mr.  Morgan,  Taxation  and. 
Finance. 

Mr.  PRESIDENT.  File  No.  7  having  been  read  by  title,  unless 
otherwise  ordered,  will  be  referred  to  Committee  Xo.  11,  oi\ 
Taxation  and  Finance.  The  chair  hears  no  objection  and  it 
is  so  ordered. 

Mr.  PRESIDENT.  The  secretary  will  please  read  File  No. 
8  by  title. 

SECRETARY.    File  No.  8,  by  Mr.  Morgan,  Education. 
Mr.  PRESIDENT.     File  No.  8  having  been  read  by  title 
will  be  referred  to  the  Committee  on  Education,  No.  7,  unless 
otherwise  ordered  by  the  convention.    There  being  no  motion, 
it  is  so  ordered. 

The  secretary  will  please  read  File  No.  9  by  title. 
SECRETARY.    File  No.  9,  by  Mr.  Morgan,  Militia. 
Mr.  PRESIDENT.     File  No.  9  having  been  read  by  title, 
will  be  referred  to  Committee  No.  16,  on  Militia,  unless  other- 
wise ordered.     There  being  no  motion  to  otherwise  refer  it,  it 
is  so  referred. 

The  secretary  will  please  read  File  No.  10  by  title. 
SECRETARY.     File  No.  10,  by  Mr.  Morgan,  Public  Offi- 
cers. 

Mr.  PRESIDENT.  You  have  heard  File  No.  10  read  by  title 
and  it  will  be  referred  to  Committee  No.  5  unless  otherwise  or- 
dered. There  being  no  motion,  it  is  so  referred. 

SECRETARY.  I  failed  to  hear  the  number  of  that  commit- 
tee. 

Mr.  PRESIDENT.     No,  5. 

The  secretary  will  please  read  File  No.  11  by  title. 
SECRETARY.     File  No.   11,   by  Mr.   Morgan,   City  Char- 
ters. 

Mr.  PRESIDENT.  File  No.ll  having  been  read  by  title, 
will  be  referred  to  Committee  No.  12,  on  County,  City  and 
Town  Organizations,  unless  otherwise  ordered  by  the  conven- 
tion. We  hear  no  motion  and  it  is  so  referred. 

The  secretary  will  please  read  File  NO.I  12  by  title. 
SECRETARY.    File  No.  12,  by  Mr.  Morgan,  Railroads. 
Mr.  PRESIDENT.    File  No.  12,  having  been  read  by  title, 
will  be  referred  to  Committee  No.  14  unless  otherwise  ordered 
by  the  convention.    The  chair  hearing  no  objection,  it  is  so  re- 
ferred. 

The  secretary  will  please  read  File  No.  13  by  title. 
SECRETARY.    File  No.  13,  by  Mr.  Morgan,  Future  Amend- 
ments. .7 
10 


I46  CONSTITUTIONAL  CONVENTION. 

Mr.  PRESIDENT.  File  No.  13,  having  been  read  by  title 
will  be  referred  to  Committee  No.  18,  on  Future  Amendments, 
unless  otherwise  ordered.  The  chair  hears  no  objection  and  it 
is  therefore  so  ordered. 

Mr.  TESCHEMACHER.     Mr.  President. 
Mr.    PRESIDENT.      The    gentleman    from    Laramie,    Mr. 
Teschemacher. 

Mr.  TESCHEMACHER.  I  move  that  Saturday,  Sept.7,  be  set 
aside  as  the  day  for  the  reception  of  resolutions  and  proposi- 
tions. If  I  can  get  a  second  I  will  explain  that  motion. 

Mr.  CAMPBELL.     Second  the  motion. 

Mr.  PRESIDENT.  You  have  heard  the  motion  that  Sat- 
urday— does  the  gentleman  mean  by  that  each  Saturday? 

Mr.  TESCHEMACHER,    Oh!  no;  Saturday,  Sept.  7th. 

Mr.  PRESIDENT.  That  Saturday,  Sept.  7th,  be  set  aside 
for  the  reception  of  resolutions  and  propositions.  Are  you 
ready  for  the  question? 

Mr.  TESCHEMACHER.  I  propose  by  this  resolution  to  make 
that  the  special  order  of  the  day  for  that  day,  with  the  object 
if  possible,  of  getting  as  many  resolutions  and  propositions  be-, 
fore  this  convention  on  that  day  to  be  referred  to  the  various 
committees  hoping  in  this  way  to  have  sufficient  matter  brought 
before  them  to  give  them  work  enough  to  go  ahead  on  at  the 
beginning  of  next  week.  Many  members  here  naturally 
have  resolutions  which  they  wish  to  offer.  Now,  under  our 
rules,  as  I  understand  them,  resolutions  giving  rise  to  debate> 
shall  lie  over  one  day,  and  as  resolutions  are  offered  every 
day,  it  becomes  apparent  that  no  committee  wrill  be  able  to 
go  to  work  in  a  satisfactory  manner,  because  just  as  they  arei 
ready  to  report  on  some  one  resolution,  some  other  resolution 
will  be  introduced,  and  it  will  have  to  be  necessarily  referred 
to  them,  and  their  report  will  ibe  put  off.  I  therefore  put  this 
motion,  hoping  that  members  who  have  resolutions  prepared 
or  who  are  thinking  of  offering  resolutions  will  put  them  in, 
as  far  as  possible,  on  the  same  day.  This  will,  of  course,  not 
preclude  other  resolutions  being  referred  on  any  other  day. 

Mr.  PRESIDENT.    Any  further  remarks? 

Mr.  POTTER.     Mr.  President. 

Mr.  PRESIDENT.  The  gentleman  from  Laramie,  Mr.  Pot< 
ter. 

Mr.  POTTER.  I  move  to  amend  the  motion  so  as  to  read 
a  little  differently.  That  the  presentation  of  resolutions  or 
propositions  be  made  the  special  order  for  Saturday,  instead 
of  the  day  being  set  aside  for  that. 

Mr.  TESCHEMACHER.     I  accept  the  amendment. 

Mr.  POTTER.  The  other  way,  it  might  preclude  other  bus- 
iness that  ought  to  be  attended  to. 

Mr.  PRESIDENT.  Is  there  any  further  debate?  Gentle- 
men, the  question  is  upon  the  motion  as  amended  to  set  aside 
Saturday  for  the  special  order  of  the  introduction  of  resolu-1 


PROCEEDINGS  AND  DEBATES.  I47 

lions,  propositions,  etc.  All  in  favor  of  the  motion  say  aye. 
Those  opposed,  no.  The  ayes  have  it,  and  the  motion  prevails. 

Mr..  BENEE.  I  notice  that  we  have  present  with  us  the" 
Hon.  Secretary  of  the  Territory,  and  I  now  move  that  he  be 
requested  to  address  the  convention. 

Mr.  CAMPBELL.     I  second  the  motion. 

Mr.  PRESIDENT.  Without  putting  the  motion  formally, 
tli!*  chair  gladly  requests  the  gentleman  to  address  the  conven- 
tion at  this  moment,  if  no  objection  is  raised  by  the  members, 
and  I  am  sure  none  will  be  raised. 

Mr.  RINER.     Never. 

SECRETARY  MELDRUM.  The  secretary  has  no  speech 
prepared  to  present  to  this  convention,  and  he  will  ask  to  be 
excused. 

Mr.  SMITH.     Borrow  one  from  the  mover  of  the  motion. 

Mr.  PRESIDENT.  I  have  a  communication  from  a  very 
refined  and  excellent  lady  of  the  city  of  Cheyenne,  offering 
thanks  for  the  point  made  by  the  president  upon  his  nomi- 
nation to  office.  The  lady  I  refer  to  is  Mrs.  P.  E.  Warren, 
who  presents  her  compliments  in  the  form  of  a  beautiful 
bouquet,  which  you  will  see  before  you,  and  for  which  the 
president  of  the  convention  is  very  grateful.  She  expresses 
the  hope  that  the  members  of  the  convention  will  act  in  ac- 
cordance with  the  views  expressed  by  the  president  at  that 
time,  in  speaking  on  the  subject  of  woman's  suffrage.  I  think 
you  will  all  appreciate  her  good  judgment  as  one  of  the  lead- 
ing ladies  of  this  city  and  of  the  territory,  and  I  also  trust 
that  you  will  consider  the  nature  of  her  request  when  you 
act  upon  that  question. 

Mr.  MORGAN.     Mr.  President. 

Mr.  PRESIDENT.  The  gentleman  from  Laramie,  Mr, 
Morgan. 

Mr.  MORGAN.  I  have  no  motion  to  make,  but  I  would 
ask  that  the  president  state  the  form  in  which  these  propo- 
sitions should  be  made  to  the  convention  relating  to  the  con- 
stitution. 

Mr.  PRESIDENT.  The  chair  would  say  that  I  do  not 
understand  that  these  propositions  are  to  come  in  any  par? 
ticular  form.  A  party  may  present  a  proposition  referring 
to  any  portion  of  the  constitution  in  such  form  as  the  eentle- 
man  presenting  it  may  see  fit,  but  it  should  clearly  designate 
in  its  title,  or  in  some  way,  the  general  object  of  the  proposi- 
tion, so  that  if  it  is  long  it  need  not  be  read  at  length  to  the1 
convention,  unless  the  convention  desires  it,  but  can  be  re- 
ferred to  its  appropriate  committee  by  a  brief  statement  of 
its  subject.  There  might  be,  for  instance,  a  great  many  prop- 
ositions referring  to  corporations  and  they  might  contain  propo- 
sitions covering  only  a  portion  of  the  subject  that  would  be 
taken  in  charge  by  the  committee  on  corporations.  You 
might  divide  up  that  proposition  in  as  many  ways  as  there 


I^S  CONSTITUTIONAL  CONVENTION. 

are  subjects,  ami  refer  <jnch  subject  to  its  proper  committee, 
But -it  should  be  clearly  stated  either  in  the  designation  of" 
the  proposition  what  it  is  intended  to  cover,  so  that  it. can  be 
properly  referred,  or  it  should  be  stated  on  the  back  of  the 
document  in  some  Avay  so  that  we  may  not  be  obliged,  unless 
desired  by  the  convention,  to  hear  it  read  at  all.  It  is  the 
desire-  of  the  president,  I  assure  you,  to  do  all  in  his  power  to 
expedite  the  transaction  of  business  as  far  as  possible. 
"Mr.  CAMPBELL.  Mr.  President. 

Mr.  PRESIDENT.  Gentleman  from  Laramie,  Mr.  Camp- 
bell. 

Mr.  CAMPBELL.  While  we  are  on  this  subject,  I  might 
say  that  Judge  Carey  was  in  the  room  while  the  convention 
had  its  recess,  and  I  asked  him  what  the  course  was  in  con* 
gress,  and  I  assure  you  that  it  is  a  very  good  one.  He  told  me 
that  all  propositions  submitted  have  a  proper  title  as  to  what 
they  relate  to,  and  then  endorsed  on  the  back,  each  proposition 
has  the  name  of  the  committee  to  which  it  belongs.  If  the 
proposition  is  found  to  contain  matter  which  does  not  be- 
long to  the  committee  to  which  it  is  referred,  it  is  then  re- 
ferred back  to  the  proper  committee,  and  it  seems  to  me 
that  it  would  be  a  very  good  thing  for  us  to  follow  a  course- 
something  like  this. 

Mr.  PRESIDENT.  It  strikes  me  that  it  would  be  a  very 
good  thing  when  a  proposition  is  submitted  to  have  the  clerk 
briefly  state  the  subject,  and  it  could  then  be  referred  by  the- 
chf.ir,  but  if  the  party  referring  it  will  so  endorse  it  with  the 
number  of  the  appropriate  committee,  it  will  save  the  chair; 
looking  into  the  subject  matter. 

Mr.  SMITH.    Mr.  President. 

Mr.  PRESIDENT.    The  gentleman  from  Carbon,  Mr.  Smith. 

Mr.  SMITH.  I  don't  understand  that  there  is  anything 
special  before  the  house,  and  since  we  are  taking  about,  this 
matter,  perhaps  it  might  facilitate  matters  to  have  some 
definite  understanding  ajbont  it.  I  think  that  members  should 
always  be  careful  not  to  include  two  subjects  in  the  same  prop- 
osition offered,  or  at  least  have  each  subject  on  a  separate 
page.  The  title  should  include  the  subject  itself,  and  should 
be  endorsed  on  the  back  with  the  number  of  the  committee 
to  which  it  belongs,  and  the  name  of  the  member  who  offers 
the  proposition.  I  know  that  in  the  Pennsylvania  legislature 
ment  of  the  committee  to  which  it  belongs,  and  the  title  itself 
must  also  indicate  the  subject  to  be  covered  and  the  name  of 
the  person  who  presents  it. 

Mr.  RINER.     Mr.  President. 

Mr.  PRESIDENT.  The  gentleman  from  Laramie,  Mr.  Ri- 
ner. 

Mr.  RTNFR.  I  wish  to  make  a  motion  by  common  consent. 
I  move  we  adjourn  until  tomorrow  morning  at  10  o'clock. 

Mr.  GRANT.    I  second  the  motion. 


ri:o(HOKDi\(is  AND  DEBATES.  I49 

Mr.  PRESIDENT.  I  believe  our  rules  do  not  set  any  spe- 
cinl  time. 

Mr.  RINER.     I  think  not. 

Mr.  PRESIDENT.  Gentlemen,  the  question  is  upon  the 
motion  to  adjourn  until  10  o'clock  to-morrow  morning.  Are  you 
ready  for  the  question?  All  in  favor  of  the  motion  say  aye; 
those  opposed  no.  The  ayes  have  it,  the  motion  prevails. 

The  convention  stands  adjourned  until  10  o'clock  to-morrow 
morning. 


FIFTH   DAY. 
MORNING  SESSION. 

Friday,  Sept.  6,  1889. 

Convention  assembled  at  10  o'clock  a.  in.,  i 'resident  Brown 
in  the  chair. 

Mr.  PRESIDENT.     Gentlemen,  come  to  order. 

Prayer. 

Mr.  PRESIDENT.     The  secretary  will  call  the  roll. 

Roll  call. 

Mr.  ELLIOTT.  Mr.  President,  I  would  suggest  that  the 
committee  on  agriculture  be  notified  of  the  fact  that  the 
rolll  has  been  called,  they  are  in  the  committee  room  at  work, 

Mr.  PRESIDENT.     Is  the  committee  in  session. 

Mr.  ELLIOTT.    They  are. 

Mr.  PRESIDENT.  The  sergeant-at-arms  will  pleti.se  no- 
tify them. 

(The  Committee  on  Agriculture  is  notified  as  above  suggest- 
ed and  come  in.) 

Mr.  PRESIDENT.  The  secretary  will  please  call  the  names 
of  the  gentlemen. 

Mr.  Butler  will  necessarily  be  absent  for  a  day  or  two  and 
asks  to  be  excused.  Mr.  Downey  has  been  excused  by  the  ac- 
tion of  the  convention  for  a  few  days  until  he  can  be  hejre. 
Mr.  Clark  has  also  been  excused.  The  records  may  so  show. 
Mr.  Frank  is  absent  today  and  asks  to  be  excused  until  Mon- 
day. Mr.  Scott  is  also  absent  on  very  urgent  business,  and 
wnll  be  absent  until  Monday  and  desires  to  be  excused.  Mr. 
HopHns  has  not  yet  qualified  as  a  member  of  this  convention, 
nor  has  Mr.  Harvey,  whose  names  are  called.  So  far  as  I  can 
remember,  these  are  all  the  members  who  asked  to  be  ex- 
cused. 

Mr.  GRANT.     I  have  been  requested  to  name  Mr.  McGilL 

Mr.  PRESIDENT.    Are  there  any  others? 

Mr.  BARROW.  It  will  be  absolutely  necessary  for  me  to 
be  absent  two  or  three  days.  I  would  like  to  go  home  iO-dny, 
and  cannot  return  before  Tuesday,  but  if  the  convention  will 


150  CONSTITUTIONAL  CONVENTION. 

grant  me  leave  until  that  time  I  will  /be  able  to  be  here  from 
that  time  until  we  conclude  our  work. 

Mr.  HOYT.    Mr.  President, 

Mr.  PRESIDENT.    The  gentleman,  from  Albany,  Mr.  Hoyt_ 

Mr.  HOYT.  I  move  that  the  gentleman  be  excused  in  ac- 
cord-nice with  his  reauest. 

Mr.  PRESIDENT.  "  If  there  is  no  objection,  the  gentleman: 
from  (Converse  will  be  excused,  as  one  of  those  members  who 
are  necessarily  absent  for  a  day  or  two.  Is  there  any  objec- 
tion? There  appearing  to  be  none,  he  stands  excused.  The 
secretary  will  so  record  it. 

READING  OF  THE  JOURNAL  FOR  THK  FOURTH  DAY. 

Mr.  PRESIDENT.  Are  there  any  corrections  to  the  jour- 
nal? 

Mr.  TESCHEMACHER.  If  I  recollect  rightly  the  recess 
took  place  before  the  reference  of  the  matters  handed  in  by 
Mr.  Morgan.  As  the  journal  reads  it  appears  that  after  the 
reference  the  convention  took  a  recess  of  thirty  minutes,  as  I 
understand  it,  and  so  shows  no  reason  for  a  recess. 

Mr.  PRESIDENT.  My  recollection  of  the  proceedings 
would  be  in  susbtance  this :  That  the  motion  to  refer  was  made 
before  the  recess.  The  recess  was  then  taken  and  pending  the 
recess  the  matter  oifered  was  arranged  and  afterward  referred. 

Mr.  TESCHEMACHER,    Yes,  that  was  the  way. 

SECRETARY.  Do  you  wish  the  records  to  show  that  the 
recess  was  taken  before  the  reference? 

Mr.  TESCHEMACHER,  If  you  will  remember  I  was  the 
mover  of  that  motion  to  take  a  recess,  in  order  to  give  the 
president  time  to  look  over  the  matter. 

Mr.  PRESIDENT.  I  remember  it  very  clearly.  ,  W511 
you  read  the  record  as  to  that  matter  as  it  now  stands. 

SECRETARY  reads:  "The  convention  thereupon  stood  in 
recess  for  thirty  minutes." 

Mr.  PRESIDENT.  The  fact  is  that  the  presentation  of  the 
proposition  came  first,  and  the  recess  between  the  two.  The 
records  can  be  so  changed  if  the  convention  so  orders.  Will 
you  now  read  that  part  which  preceeds  the  recess? 

SECRETARY.  "The  following  propositions  were  then  read 
for  the  first  time  by  title  and  referred.  File  No.  1,  by  Mr.  Mor- 
gan, etc." 

Mr.  PRESIDENT.  The  point  made  by  the  gentleman  from 
Laraniie,  is  that  the  words  just  read  should  not  go  into  the 
record  until  after  the  motion  for  recess.  They  were  first  readv 
then  there  was  the  recess,  and  after  the  recess  they  were  re- 
ferred. It  is  not  a  very  important  matter,  I  suppose.  Is  a 
motion  necessary  to  change? 

Mr.  TESCHEMACHER,  As  the  record  now  reads,  Mr, 
President,  there  was  no  object  for  that  recess. 


PROCEEDINGS  AND  DEBATKS.  j^ 

ML-.  PRESIDENT.  Exactly.  If  there  is  no  objection  it  will 
be  changed  in  accordance  with  the  facts,  as  suggested  by  the 
gentleman  from  Laramie. 

Mr.  COFFEEN.     Mr.  President, 

Mr.  PRESIDENT.  The  gentleman  from  Sheridan,  Mr.  Cof- 
fee]!. 

Mr:  COFFEEN.  I  notice  that  the  records  show  the  carry- 
ing of  an  amendment  in  regard  to  the  appointment;  of  a  stenog- 
rapher, but  makes  no  mention  of  the  motion  as  amended  hav- 
ing been  carried.  It  appears  to  me  that  after  the  motion  to 
amend  the  main  question  must  be  put  as  amended.  It  was  so 
done  as  I  remember,  and  the  record  should  so  show. 

Mr.  PRESIDENT.  The  point  is  well  taken,  and  I  am  not 
quite  sure  that  the  records  so  show  that  or  not.  I  noticed  as 
we  were  passing  on  through  the  record,  a  motion  to  amend  was 
made  and  carried,  and  my  recollection  is  that  the  motion  as 
amended  does  not  appear  to  have  passed. 

Mr.  COFFEEN.  It  does  not  so  appear  in  the  record,  al- 
though in  accordance  with  the  facts  it  did. 

Mr.  PRESIDENT.  Will  the  secretary  please  turn  to  that 
part  of  the  record.  Of  course  the  committee  could  have  acted 
without  authority,  unless  the  motion  as  amended  had  been; 
adopted  by  the  convention. 

SECRETARY.  "Mr.  Chaplin  moved  that  we  do  not  em- 
ploy an  official  stenographer."  Mr.  Tescheniacher  offered  an 
amendment  that  we  do  employ  a  stenographer.  The  amend- 
ment was  adopted." 

Mr.  COFFEEN.  The  motion  to  amend  was  adopted.  See( 
what  became  of  the  original  motion  as  amended.  This  is  th« 
point  I  bring  up. 

Mr.  PRESIDENT.  The  secretary  will  remember  that  a 
motion  was  made  to  amend  the  motion.  The  ayes  and  nays 
were  called  upon  the  motion  to  amend.  If  I  understand  the 
record  that  motion  prevailed.  Afterward,  the  question  wras 
upon  the  adoption  of  the  motion  as  amended.  The  record 
does  not  show  that  the  question  was  so  adopted.  A  few  wordS( 
will  change  it. 

Mr.  SMITH.  As  I  understand  it,  the  original  motion  wa$ 
not  put.  That  is  my  recollection  of  it.  The  very  nature  of  the 
two  motions  themselves,  one  that  a  stenographer  be  employed, 
and  the  other  that  a  stenographer  be  not  employed,  and  thfj 
adoption  of  either  one  of  them  w^ould  necessarily  dispose  of 
the  other.  It  seems  to  me  that  the  motion  was  not  to  amend, 
but  rather  in  the  nature  of  a  substitute. 

Mr.  TESCHEMACHER.  As  the  mover  of  the  amend-* 
ment  I  think  I  can  correct  the  gentleman  from  Carbon.  It  was( 
not  intended  to  be  a  substitute,  but  I  moved  it  as  an  amend: 
ment.  The  question  was  put  as  an  amendment  and  then  car* 
ried.  The  president  pro  tern,  Mr.  Riner  of  Laramie,  put  thrt 
question  on  the  original  motion  as  amended,  and  the  vote  was 
taken  on  that, 


:-2  CONSTITUTIONAL  CONVENTION. 

Mr.  COFFEEN.     That  is  correct. 

Mr.  PRESIDENT.  The  records  should  so  show  the  correc- 
tions MS  made.  Are  there  anv  further  corrections? 

SECRETARY.  Would  it  be  sufficient  to  say  that  the  orig- 
inal motion  as  amended  was  finally  adopted? 

Mr.  PRESIDENT.  Yes.  Are  there  any  further  changes  to 
he  made  in  the  record?  If  there  is  no  objection  it  will  stand 
approved.  The  chair  hears  no  objection.  The  record  will 
now  stand  approved. 

Mr.  BAXTER.     Mr.  President. 

Mr.  PRESIDENT.    Gentleman  from  Laramie,  Mr.  Baxter. 

Mr.  BAXTER.  I  don't  want  to  suggest  any  corrections  to 
the  record  of  yesterday,  but  I  should  like  to  hnve  the  journal 
of  this  morning  show  my  presence  in  the  hall.  I  will  also 
speak  for  my  colleague,  who  came  in  a  few  minutes  late. 

Mr.  PRESIDENT.  The  record  will  so  show.  Are  those  all 
who  came  in  since  the  roll  call? 

Mr.  REID.    Mr.  Morgan,  I  think,  came  in. 

Mr.  PRESIDENT.  Mr.  Morgan.  Did  the  secretary  get  the 
name  of  Mr.  Morgan?  The  roll  call  will  show  the  presence  of 
these  gentlemen. 

Mr"  BAXTER.    Mr.  President. 

Mr.  PRESIDENT.  The  gentleman  from  Laramie.  Mr.  Bax- 
ter. 

Mr.  BAXTER.  Is  there  any  business  before  the  house  now 
of  any  -special  order? 

Mr.  PRESIDENT.    We  have  no  special  order  of  business. 

Mr.  FOX.     MY.  President. 

Mr.  PRESIDENT.     The  gentleman  from  Albany,  Mr.  Fox. 

Mr.  FOX.  At  the  present  time  I  wish  to  make  my  report 
on  the  credentials  of  Mr.  Harvey,  who  was  appointed  by  the 
Democratic  central  committee  of  Converse  county  to  succeed 
Mr.  Baldwin,  who  was  elected,  but  who  is  now  sick  in  bed,  and 
recommended  to  the  committee  that  Mr.  Harvey  be  appointed 
in  his  place  in  this  convention,  and  under  the  circumstances 
we  consider  the  credentials  are  proper  and  correct. 

Mr.  PRESIDENT.  The  chair  "would  state  to  the  convention 
at  this  time  that  it  is  better  to  adhere  to  our  rules  as  far  as, 
we  can,  and  the  chair  will  announce  the  order  of  business  from 
time  to  time  as  we  reach  it,  and  that  matter  will  come  before; 
the  convention  under  its  proper  head.  The  chair  was  about  tot 
announce  that  the  journal  having  been  read  and  approved,  the! 
next  order  of  business  is  the  presentation  of  petitions,  as  I  have 
it  here.  I  believe  it  is  the  presentation  of  resolutions,  propo-. 
sitions,  etc..  under  the  rules  is  it  not? 

V-.  PALMER.  I  have  some  resolutions  that  I  ask  to  be, 
read  by  title,  and  referred  to  the  proper  committees. 

Mr.  PRESIDENT.  The  matter  of  the  credentials  of  Mr., 
TT-M.W'V  ^'ill  fivst  be  considered,  and  the  chair  will  refer  the 
matter  to  the  committee  on  credentials  for  their  renort  and 
ju-tion,  if  th'Te  is  no  objection.' 


PROCEEDINGS  AND  DEBATES. 


'53 


Mr.  IJURRITT.  I  call  for  the  reading  of  the  instruments, 
of  the  papers. 

Mr.  PRESIDENT.  If  desired,  I  will,  of  course,  order  them 
to  be  road  for  the  getleman,  but  it  appears  to  me  that  they 
should  be  referred  now  to  the  committee  arid  then  have  the 
whole1  matter  presented  to  the  committee  of  the  whole  by 
that  committee.  However,  if  the  gentleman  desires  their  read- 
ing at  this  time  they  will  be  read.  The  secretary  will  read 
tire  credentials  offered  by  Mr.  Harvey. 

Mr.  BURRITT.  That  is  not  what  I  called  for.  It  is  the 
reading  of  the  propositions  offered  by  the  gentleman  from 
Sweet  water. 

Mr.  PRESIDENT.  The  credentials  will  be  referred  as  the 
chair  suggested.  We  will  have  the  reading  of  the  propositions 
from  the  gentleman  from  Sweetwater. 

Mr.  BAXTER.  I  am  rather  anxious  about  this  matter. 
I  may  be  mistaken,  but  I  am  under  the  impression  that  the 
order  of  business  does  not  provide  any  special  time  when  cre- 
dentials shall  be  presented.  There  is  a  gentleman  here  who 
Is  entitled  to  be  treated  with  every  degree  of  respect  and 
courtesy,  and  it  seems  to  me  that  he  should  be  seated  with- 
out delay,  and  before  we  continue  in  the  consideration  of  ques- 
tions that  he  may  be  interested  in.  My  impression  is  that 
this  matter  of  credentials  should  have  preceilen.ee  of  every 
thing  else. 

Mr.  PRESIDENT.  The  credentials  have  been  referred  to 
the  committee.  The  matter  is  no  longer  before  the  house. 

Mr.  HAY.  Mr.  Fox  was  intending  to  report  on  the  cre- 
dentials at  the  time  he  spoke. 

Mr.  PRESIDENT.     The  chair  did  not  so  understand  it. 

Mr.  FOX.  That  was  my  intention,  and  I  so  stated  it.  A 
majority  of  the  committee  have  examined  the  credentials  and 
Ave  are  prepared  to  recommend  that  they  be  accepted  and  Mr. 
Harvey  sworn  in.  If  the  convention  will  give  us  a  recess  of 
live  minutes  we  will  make  our  final  report. 

Mr.  IRVINE.  I  understood  it  as  the  gentleman  has  just 
stated.  I  was  not  inclined  to  press  the  matter,  but  being  one 
of  the  colleagues  of  the  gentleman,  I  am  much  obliged  to  the 
gentleman  for  raising  the  question.  As  I  understand  it,  the 
credentials  have  been  before  the  convention  and,  taking  the 
precedent  as  established  in  this  convention  to  hurry  these 
matters  alon^,  I  have  taken  the  pains  to  telephone  to  Justice 
Carroll  and  he  will  be  here  perhaps  in  a  few  seconds,  and  T 
•would  not  like  to  keep  him  waiting. 

Mr.  PRESIDENT.  I  will  state  to  the  convention  that  the 
•chair  has  no  disposition  to  retard  or  put  back  the  admission  o1 
•any  delegate  to  the  convention.  We  are  all  anxious  that, 
•every  part  of  the  territory  should  be  fully  represented.  The 
chair-  did  not  understand  Mr.  Fox  as  presenting  the  report  of 
the  committee.  The  presentation  of  the  credentials  of  any 


1 54  CONSTITUTIONAL  CONVENTION. 

member  is  entirely  in  order  at  any  time.  It  seems  to  me  thatf 
the  proper  way  to  treat  these  matters  is  for  the  credentials  to 
be  presented  to  ttie  convention,  and  then  let  the  convention 
dispose  of  the  matter  as  it  may  see  fit.  The  chair  has  dis- 
posed of  this  matter  for  the  present.  The  credentials  having 
been  presented  by  the  gentleman  from  Albany,  Mr.  Fox.  were 
referred  by  the  chair  to  the  special  committee  appointed  on 
credentials.  That  matter  is  now  before  that  committee,  and  in 
the  proper  way,  as  far  as  the  judgment  of  the  chair  goes.  The 
matter  has  been  brought  to  the  attention  of  the  gentlemen  of 
the  convention — has  been  referred  to  the  committee  and  that 
committee  may  report  at  any  time. 

Air.  COFFEEN.  Would  it  not  be  well  for  us  to  take  a  re- 
cess of  a  few  minutes  that  the-  committee  may  consider  the 
matter  and  at  once  report  on  that  subject. 

Mr.  PRESIDENT.  The  chair  Avill  entertain  any  such  mo- 
tion. 

Mr.  COFFEEN.  I  move  we  take  a  recess  of  five  minutes  in; 
order  that  the  committee  may  meet  and  report. 

Mr.  SMITH.    Second  the  motion. 

Mr.  PRESIDENT.  It  is  moved  and  seconded  that  we  take 
a  recess  of  five  minutes  in  order  that  the  committee  may  re- 
port. All  in  favor  of  the  motion  will  say  aye.  Those  opposed 
no.  The  chair  is  in  doubt,  but  I  believe  the  ayes  have  it. 

Mr.  BAXTER.     Division. 

Mr.  PRESIDENT.  A  division  is  called  for.  All  in  favor  of 
the  motion  will  rise  and  stand  until  counted.  Nineteen.  The 
gentlemen  will  be  seated.  Those  opposed  wrill  rise.  Thirteen. 
The  motion  for  a  recess  prevails. 

Mr.  FOX.  The  committee  on  credentials  will  please  meet 
in  the  west  room. 

Recess  of  five  minutes. 

Mr.  PRESIDENT.  The  convention  will  come  to  order.  The 
gentlemen  will  be  seated.  We  will  now  proceed  in  the  regular 
way  until  we  come  to  the  call  for  reports  of  committees,  and  aij. 
the  proper  time  the  special  committee  can  report  on  the  cre- 
dentials, but  wTe  will  proceed  under  the  head  we  were  work- 
ing under  at  the  time  the  recess  was  taken,  which  was  the, 
presentation  of  resolutions,  etc.  Are  there  any  to  be  presented? 

Mr.  JEFFREY.    Mr.  President. 

Mr.  PRESIDENT.  The'  gentleman  from  Laramie,  Mr.  Jef- 
frey. 

^Mr.  JEFFREY.  Mr.  President.  It  is  well  understood  that 
most  of  the  constitutional  conventions  that  have  been  con- 
vened have  had  some  warrant  of  authority  conferred  upon  them; 
by  acts  of  congress.  We  have  behind  us  simply  that  most  pow- 
erful of  all  agencies,  the  will  of  the  people.  In  following  out 
the  manner  of  providing  a  constitution  for  the  future  state  of! 
Wyoming,  it  has  been  seen  fit  to  follow  the  provisions  as  laid 
down  in  Senate  Bill  No.  2,445.  Among  the  provisions  of  that  bill 


PROCEEDINGS  AND  DEBATES.  ^ 

almost  the  first  that  we  find,  is  one  requiring  Hint  after  or-^ 
ganization  the  delegates  shall  declare  on  behalf  of  the  people 
of  the  proposed  stale  that  they  adopt  the  constitution  of  thq 
I'niied  States.  Therefore,  with  the  consent  of  the  conv<»i^ 
tion,  I  offer  the  following  resolution  and  move  its  adoption: 

"Resolved,  That  the  delegates  of  this  convention,  elected 
for  the  purpose  of  forming  a  constitution  for  the  proposed  state 
of  Wyoming,  do  hereby  declare,  on  behalf  of  the  people  of  saitt 
proposed  state,  that  they  adopt  the  constitution  of  the  United 
States." 

I  neglected  to  state  that  this  provision  goes  on  and  states, 
further  "Whereupon  the  convention  is  then  authorized  to  frame 
a  constitution  and  state  government  for  said  proposed  state." 

Mr.  SMITH.    I  second  the  motion. 

Mr.  POTTER.    Mr.  President. 

/Mr.  PRESIDENT.  The  gentleman  from  Laramie,  Mr, 
Potter. 

Mr.  POTTER.  I  don't  object  to  the  resolution  in  substance, 
and  its  terms  may  be,  perhaps  correct;  of  course  one  could  not 
tell  from  simply  hearing  it  read.  I  have  no  doubt  Mr.  Jeffrey 
has  given  it  considerable  thought  and  attention,  and  that  it 
is  all  right,  but  there  are>  several  other  things  that  it  will  be 
necessary  for  this  convention  to  ordain  and  declare.  They  go- 
under  the  head  of  "ordinances." 

They  are  not  a  part  of  the  constitution,  strictly  speaking. 
We  have  no  committee  on  ordinances,  and  I  was  about  to- 
move,  as  soon  as  I  could  learn  the  method  of  proceeding,  that 
we  amend  our  rules  by  establishing  a  committee  on  ordinances. 
Resolutions  of  this  character  would  then  go  to  such  commit- 
tee. It  seetns  to  me  that  such  an  important  resolution  ought 
not  to  be  adopted  without  being  first  referred  to  a  committee 
to  examine  carefully  into  its  language,  and  report  it  back  tot 
the  convention  with  the  recommendations  of  such  committee. 
I  think  we  ought  to  be  very  careful  about  this,  as  it  strikes 
me  that  this  is  a  matter  of  unusual  importance. 

Mr.  JEFFREY.    Mr.  President. 

Mr.  PRESIDENT.  The  gentleman  from  Laramie,  Mr.  Jef- 
frey. 

Mr.  JEFFREY.  I  wish  to  state  by  way  of  explanation  that 
as  has  already  been  stated  by  my  colleague,  Mr.  Potter,  I 
have  given  this  resolution  a  great  deal  of  thought  and  consid- 
eration, and  so  far  as  possible  the  language  of  the  act  itself 
has  been  used.  The  section  from  which  I  read  further  pro* 
vides  that  "the  constitution  shall  be  republican  in  form,11  etc. 
The  evident  intention  of  the  provision  is  that  this  resolution 
shall  be  entirely  separate  and  distinct  from  the  ordinances  re- 
ferred to  by  Mr.  Potter,  as  will  be  seen  by  the  further  readiu't 
of  this  bill  that  "said  convention  shall  provide  by  ordinances/1 
etc.  The  declaration  adopting  the  constitution  of  the  United 
States,  from  the  reading  of  this  bill,  we  judge  is  a  matter  to  be 


!56  CONSTITUTIONAL  CONVENTION. 

passed  upon  by  itself,  and  separate  and  distinct  from  the  ordi- 
nances mentioned.  That  is  the  way  that  I  take,  and  I  thinltf 
that  it  is  the  general  desire  of  the  members  of  tills  convention 
that  in  framing  this  constitution  we  should  follow  out  as  nearly 
as  possible  the  provisions  of  this  Senate  Bill  No.  2,445. 

Mr.  CAMPBELL.  If  it  is  not  out  of  order  I  would  call  for 
a  second  reading  of  that  resolution,  that  we  might  understand 
its  terms. 

Mr.  PRESIDENT.  The  resolution  may  be  read  a  second 
time. 

(Resolution  re-read.) 

Mr.  POTTER.  If  I  am  not  out  of  order  in  speaking  twice 
on  the  same  subject,  I  ask  the  attention  of  the  convention  just 
a  moment. 

Mr.  PRESIDENT.  Is  there  any  other  member  of  the  con- 
vention wishing  to  speak  on  this  proposition  ?  As  no  one  seem* 
to  desire  to  do  so  the  gentleman  will  proceed. 

Mr.  POTTER,  I  wish  to  explain  why  I  think  this  ought  to 
be  referred.  I  don't  think  the  word  "proposed"  ought  to  be 
in  this  resolution.  I  will  read  what  was  passed  by  the  Colo- 
rado convention: 

We,  the  people  of  Colorado,  with  profound  reverence  for  the 
Supreme  Ruler  of  the  universe,  in  order  to  form,"  etc.  They 
do  not  say  proposed  state,  but  the  people  of  Colorado.  I  think 
we  ought  to  say  the  "people  of  Wyoming,"  instead  of  "pro- 
posed state."  I  think  we  ought  to  be  exceedingly  careful  about 
this. 

Mr.  SMITH.  I  would  simply  call  attention  again  to  the 
acl.  If  you  will  listen  to  the  reading  of  this  act  it  seems  to 
me  there  is  no  question  but  what  the  wording  of  the  resolution 
is  as  it  should  be.  "After  organization,  shall  declare  on  behalf 
of  the  people  of  the  proposed  state,  that  they  adopt  the-  consti- 
tution of  the  United  States,"  etc.  While  there  is  no  question 
but  what  great  care  should  be  taken  in  this  matter,  as  part  of 
our  action,  it  will  be  important  it  seems  to  me,  and  the  safen 
plan  for  us  to  follow  the  language  of  this  bill  as  nearly  as  w<* 

'CP  T' 

Mv.  TESCHEMACHER.    Mr.  President, 

Mr.  PRESIDENT.  The  gentleman  from  Laramie,  Mr. 
'Teschemacher. 

Mr.  TESCHEMACHER.  I  don't  see,  Mr.  President,  why 
we  are  wasting  our  time  on  this  subject.  I  d./n't  suppose  my 
•colleague  from  Laramie  thinks  that  until  we  have  passed  this 
ordinance  we  are  unaTMe  to  go  ahead  with  our  work.  The 
Tinted  States  congress  only  requires  that  before  this  constitu- 
tion is  adopted,  we  shall  pass  such  an  ordinanace,  but  I  see  no 
reason  why  this  ordinance  should  not  be  referred  as  well  as 
any  other.  Under  the  rules,  when  any  resolution  is  received, 
the  chair  is  obliged  to  refer  it,  and  under  our  rules  I  think  this 


PROCEEDINGS  AND  DKHATIOS.  ,57. 

resolution  should  he  referred  without  spending  any  more  time 
talking  about  it. 

Mr.  JEFFREY.     By  way  of  explanation  I   will  say  that  I 
do  not  wish  to  hurry  this  matter,  but  am  willing  that  it  !•«•  re 
ferred  wherever  the  chair  may  sc^  fit  to  refer  it. 

MT-.  PRESIDENT.  The  chair  would  sngest  to  the  conven- 
tion that  in  his  judgment  we  had  better  proceed  regularly  as 
far  as  we  can  under  our  rules.  Xow  we  are  proceeding  under 
the  head  of  the  presentation  of  resolutions,  propositions,  etc. 
Under  the  rule,  as  I  remember  it,  and  I  have4  not  had  an  oppor- 
tunity to  re-read  them,  a  resolution  or  proposition,  when  pre- 
sented may  be  read  by  the  gentleman  presenting  the  same,  or 
it  may  be  presented  to  the  clerk  and  read  by  the  clerk,  but 
after  that  is  done,  then  the  matter  is  before  the  convention  for 
action.  A  motion,  however,  to  suspend  the  rules,  if  necessary 
and  take  the  matter  up  for  immediate  consideration  would  bo 
in  order.  But  to  simply  present  a  resolution  and  immediately 
move  its  adoption  strikes  the  chair  as  being  a  little  out  of  order 
under  our  rules,  but  I  am  not  sure  of  it. 

Mr.  JEFFREY.  In  order  to  avoid  all  misunderstanding,  I 
withdraw  that  portion  of  the  motion  and  merery  offer  the  res- 
olution. 

Mr.  PRESIDENT.  The  resolution  is  before  the  house.  Are 
there  any  further  propositions  to  be  presented? 

Mr.  CAMPBELL.  I  have  here  two  propositions  to  present 
to  the  clerk. 

Mr.  PALMER.  I  believe  I  presented  some  propositions, 
with  the  request  that  the  clerk  read. 

Mr.  PRESIDENT.  The  propositions  have  been  received 
and  will  be  placed  on  file.  Are  there  any  further  propositions? 

Mr.  FOX.  I  understand  by  our  rules  that  a  proposition  for 
a  preamble  shall  be  the  last  thing  considered  in  the  committee 
on  the  whole,  but  I  think  it  might  as  well  be  introduced  now  an 
any  time.  In  looking  back  to  the  source  of  all  goodness  and  wis- 
dom, we  are  told  that  the  "first  shall  be  last  and  the  last  shall 
be  first,"  and  in  this  case  I  think  we  will  be  following  out  the 
Scriptural  instructions  by  making  the  last  first.  I  offer  a  res- 
olution. 

PREAMBLE. 

We,  the  people  of  Wyoming,  grateful  to  Almighty  (rod  for 
the  civil,  political  and  religions  liberty  He  has  permitted  us  to 
enjoy,  and  looking  to  him  for  a  blessing  upon  our  endeavors 
to  secure  and  transmit  to  succeeding  generations  a  more  inde- 
pendent and  perfect  form  of  government,  establish  justice,  in- 
sure tranquility,  provide  for  the  common  defense,  promote  the 
general  welfare,  and  secure  the  blessings  of  liberty,  to  our- 
selves and  our  posterity,  do  ordain  and  establish  this  consti- 
tution for  the  state  of  Wyoming. 

Mr.  COFFEEN.  I  rise  to  make  inquiry  concerning  the  rules 
in  their  bearing  on  Mr.  Palmer's  resolution.  He  offered  it,  re- 


CONSTITUTIONAL  CONVENTION. 

questing  it  to  be  read  by  title.  I  think  under  our  rules  these 
resolutions  might  all  be  read  by  title  so  that  we  might  know 
what  questions  are  -being;  presented  as  they  go  to  the  table. 

Mr.  PRESIDENT.  As  soon  as  the  several  propositions  are 
upon  the  files,  the  chair  will  take  them  up  in  the  order  offered, 
calling  the  attention  of  the  convention  to  them,  and  refer  them 
to  their  proper  committees.  They  may  be  read  and  disposed 
of  as  the  convention  sees  proper,  but  we  are  now  simply  having 
them  offered.  Are  there  any  other  propositions  or  resolutions? 

Mr.  BAXTER.    Mr.  President. 

Mr.  PRESIDENT.  The  gentleman  from  Laramie,  Mr.  Bax- 
ter. 

Mr.  BAXTER.  I  don't  know  that  I  am  out  of  order,  but  I 
presume  that  I  am.  I  learn  through  the  Associated  Press  dis- 
patches that  a  convention  is  now  in  session  in  Santa  Fe,  N.  M., 
representing  the  people  of  that  territory,  and  engaged  in  a  work 
similar  to  the  one  before  us  here,  and  it  seems  to  me  that  it 
would  be  eminently  proper  for  the  representatives  of  the  peo- 
r>le  of  this  territory  to  send  greetings  to  the  people  of  New  Mex^ 
ico,  with  such  expressions  that  both  territories  be  admitted 
soon  as  states,  as  they  should  be,  as  shall  seem  proper.  I  de^ 
sire  to  move  that  the  chair  be  requested  by  the  convention  to 
send  such  communication. 

Mr.  PRESIDENT.  Will  the  gentleman  put  his  motion  or 
resolution  in  writing,  and  present  it  to  the  secretary? 

Resolution  offered  by  Mr.  Baxter. 

Resolved,  That  the  president  of  this  convention  be  re- 
quested to  send  to  the  president  of  the  constitutional  conven- 
tion of  the  territory  of  New  Mexico,  now  in  session  at  the  city 
of  Santa  Fe,  greetings  of  the  people  of  Wyoming,  and  convey 
some  expressions  of  the  hope  which  we  entertain  that  both 
Wyoming  and  New  Mexico  may  at  an  early  day  be  admitted 
as  states  in  the  union,  as  of  right  thev  ought  to  be. 

Mr.  CHAPLIN.    Mr.  President. 

Mr.  PRESIDENT.    Gentleman  from  Albany,  Mr.  Chaplin. 

Mr.  CHAPLIN.  I  have  a  proposition  to  present,  Mr.  Presi- 
dent. 

Mr.  PRESIDENT.  Are  there  any  further  propositions  or 
resolutions? 

Mr.  HOYT.  Mr.  President.  If  it  would  be  in  order  I 
would  like  to  move  an  amendment  to  the  standing  rules  by  an 
increase  of  one  of  the  committees.  Standing  committee  No.  10, 
on  Manufacturing,  Commerce,  Live  Stock  Interests  and  La- 
l)or,  covers  so  wide  a  field,  embraces  so  many  important  territo- 
rial interests,  as  well  as  the  universal  interest  of  labor,  that  it 
seems  to  me  eminently  proper  to  increase  it  from  seven  to  ten 
so  that  each  county  may  have  a  representative  on  this  import- 
ant committee.  Without  offering  a  formal  resolution,  therefore, 
I  move  that  the  number  of  the  committee  be  increased  from 
seven  to  ten,  and  further  ask  that  this  matter  be  referred  to  the 
proper  committee. 


PROCEEDINGS  AND  DEBATES.  Tr9 

Mr.  PRESIDENT.  Will  the  gentleman  from  Albany  put  his 
-motion  in  the  form  of  a  resolution,  and  offer  it  to  the  clerk  that 
it  may  be  considered. 

Resoution  of  Mr.  Hoyt. 

Resolved,  That  the  number  of  members  of  Standing  Commit- 
tee No.  10,  entitled  Manufacturers.  Commerce,  Live  Stock  In- 
terests and  Labor,  is  hereby  increased  to  ten,  in  order  that  each 
county  of  the  territory  may  be  represented  thereon. 

Mr.  PRESIDENT.  Are  there  any  further  propositions? 
The  chair  will  take  up  such  as  have  been  presented.  The  sec- 
retary will  please  read. 

SECRETARY.  The  first  proposition  presented  this  morning 
is  File  No.  14,  by  Mr.  Barrow,  concerning  "county  seats,  bounda- 
ries and  divisions  of  counties." 

Mr.  PRESIDENT.  The  secretary  will  read  the  proposition 
as  presented. 

Mr.  BURRTTT.    Mr.  President. 

Mr.  PRESIDENT.  The  gentleman  from  Johnson,  Mr. 
Burritt. 

Mr.  BURRITT.  Mr.  President.  I  rise  for  the  purpose  of 
calling  for  the  reading  of  all  these  propositions,  and  if  the  chair 
will  allow  me  I  will  give  my  reasons  for  so  doing. 

Mr.  PRESIDENT.    The'gentleman  will  proceed. 

Mr.  BURRITT.  Ordinarily,  the  presenting  of  these  propo^ 
sitions  where  they  are  read  by  title  alone,  gives  the  members 
of  the  convention  generally  no  idea  of  what  they  contain,  and, 
we  shall  know  nothing  about  them,  have  no  chance  to  Hiink 
about  them,  to  consider  them,  until  they  are  returned  to  us 
from  the  committees.  Some  of  us  wrill  be  so  busily  occu- 
pied upon  the  several  committees  upon  which  we  are  that 
we  will  not  have  time  to  think  over  these  things.  If  read  we 
will  know  just  what  they  are  about,  perhaps  have  time  to 
think  them  over,  consult  books  and  read  up  about  them,  with  a 
view  to  voting  intelligently  upon  them.  In  addition  to  this  I 
am  informed  by  the  gentlemen  of  the  press  that  it  is  not  only 
their  purpose,  but  their  strong  desire,  to  make  reference  in  their 
daily  reports  of  this  convention  to  the  substance  of  the  propo- 
sitions that  are  introduced  here,  and  I  deem  it  of  importance 
that  if  this  can  be.  done  and  will  be  donet  by  the  press,  that  it 
should  be  done,  in  order  that  some  of  these  propositions,  which 
may  not  meet  with  the  approval  of  our  constituents,  may  come 
to  their  knowledge.  Otherwise,  it  might  be  too  late  for  them  to 
communicate  with  a  good  many  of  us.  But  if  the  substance 
of  these  propositions  was  printed  in  the  morning  papers  they 
would  reach  almost  every  part  of  the  territory,  and  if  our  con- 
stituents have  any  desire  they  will  have  an  opportunity  to  writer 
us  and  let  us  know  what  their  wishes  and  desires  are  in  refer- 
ence to  these  matters.  It  may  be  that  during  this  entire  ses- 
sion there  will  only  be  six  or  seven  or  eight  of  these  entire  prop- 
ositions that  our  constituents  at  home  will  care  to  read  or 


160  CONSTITUTIONAL  CONVENTION 

know  anything  about,  but  they  may  be  very  deeply  interested 
in  those  six  or  seven,  and  I  think  it  well  worth  the  time  that 
will  be  used.  The  gentleman  from  Laraniie,  Mr.  Potter,  also 
suggests  to  m<>  that  we  will  not  know,  unless  these  are  read, 
whether  we  want  them  printed  or  not,  and  it  may  be  that  somo 
of  these  matters  may  be  deemed  of  such  importance  that  we 
will  want  them  immediately  printed,  and  it  is  within  the  prov- 
ince of  this  convention,  under  the  rules,  to  see  that  propositions 
are  printed  whenever  they  are  so  desired. 

Mr.  PRESIDENT.    I  am  looking  at  the  rules  which  I  have, 
here,  but  have  not  yet  reached  any  part  of  them  bearing  direct- 
ly upon  this  question.    I  will  undoubtedly  do  so  shortly.    I  take 
it,  if  there  is  no  objection,  the  propositions  may  be  read  at 
length.     The  clerk  may  proceed  with  the  one  now  in  hand. 
Mr.  TESCHEMACHER.    Mr.  President- 
Mr.    PRESIDENT.      The  gentleman  from    Laramie,    Mr. 
Teschemaeher. 

Mr.  TESCHEMACHER.    Before  we  proceed  further,  I  would 
like  to  rise  to  a  question  of  privilege.    It  seems  to  me  that  we* 
are  acting  in  a  most  extraordinary  manner  toward  a  gentleman 
who  has  credentials  as  a  member  of  this  convention.    It  seeina 
to  me  that  when  there  are  members  present  who  have  creden- 
tials to  this  convention  that  the  rules  ought  to  be  suspended 
and  the  committee  on  credentials  ought  to  be  instructed  to 
report  at  once.    As  we  are  working  now,  we  are  discussing  im- 
portant questions,  leaving  one  of  our  members  sitting  outside 
the  bar  of  this  convention.     It  is  certainly  a   great  lack  of 
courtesy  towards  that  member,  although  I  understand  that  we 
are  doing  it  under  our  rules  as  they  are  at  present  arrangod, 
I  move  that  the  rules  be  suspended  and  that  the  committee  on 
credentials  be  requested  to  report  immediately. 
Mr.  CAMPBELL.    I  second  the  motion. 
Mr.  PRESIDENT.     The  motion  is  made  that  the  rules  be 
suspended,  and  that  the  committee  on  credentials  be  requested, 
to  report  immediately.     Are  you  ready  for  the  question?  All 
in  favor  of  the  motion  will  say  aye;  those  opposed  no.     The 
ayes  have  it.     The  rules  are  suspended  and  the  committee  on 
credentials  is  requested  to  immediately  report. 
.Mr.  McrANDLISH.     I  have  here  the  credentials  of  Mr.  F. 
H.  Harvey ,and  the  report  of  the  committee  on  the  same. 

Mr.  PRESIDENT.     The  assistant  secretary  will  read  the 
report  of  the  committee  on  credentials  as  presented. 
Report  of  committee  on  credentials. 

Cheyenne,  Sept.  C;  3889. 
Mr.  President: 

We,  your  committee  on  credentials,  have  examined  the  cre- 
dentials of  Mr.  F.  H.  Harvey,  of  Converse  county,  and  do  recom- 
mend that  he  be  entitlted  to  a  seat  in  the  convention. 

G.  W.  FOX,  Chairman. 
J.  M.  McCANDLISH,  Secretary  Pro.  Tern. 


PROCEEDINGS  AND  DEBATES.  161 

Mr.  BAXTER.  I  move  that  the  report  of  this  committee 
be  accepted  and  placed  on  file,  and  the  gentleman,  Mr.  lLirv<-y, 
be  sworn  in. 

Mr.  COFFEEN.    I  second  the  motion. 

Mr.  PRESIDENT.  It  is  moved  and  seconded  that  the  re- 
port of  the  special  committee  on  credentials  be  accepted  and 
adopted,  and  that  Mr.  Harvey  be  sworn  in  and  considered  as* 
a  member  of  this  body. 

MY.  FOX.  I  would  state  that  this  is  the  regular  committee 
on  credentials. 

Mr.  PRESIDENT.    Are.  you  ready  for  the  question?  All  in 
favor  of  the  question  will  say  aye;  those  opposed  no.  The  ayes 
have  it- 
Will  Justice  Carroll  be  kind  enough  to  come  forward. 

Mr.  Harvey  is  here  sworn  in. 

Mr.  PRESIDENT.  The  clerk  was  about  reading  a  proposi- 
tion; the  reading  will  be  proceeded  with.  I  take  it  that  it  is 
unnecessary  for  the  president  to  welcome  specially  any 
one  member.  I  am  sure  from  the  vote  of  the  convention,  it  be- 
ing unanimous,  that  we  will  all  be  glad  to  have  Mr.  Harvey 
with  us.  Had  I  been  here  yesterday  morning  I  should  have 
been  glad  to  offer  my  congratulations  to  Major  Baldwin,  who 
comes  here  from  Fremont  county.  The  reading  of  the  proposi- 
tion will  be  proceeded  with. 

SECRETARY.  File  No.  14,  by  Mr.  Barrow,  "County  Seats, 
Boundaries  and  Divisions  of  Counties." 

Sec.  1.  The  several  counties  of  the  territory  existing  at 
the  time  of  the  adoption  of  this  constitution  are  hereby  recog- 
nized as  legal  subdivisions  of  this  state. 

Sec.  2.  No  new  county  shall  be  created  with  an  assessed, 
valuation  of  less  than  thre<e  million  dollars,  as  shown  by  the 
last  previous  assessment  for  state  and  county  purposes,  an<J 
in  all  cases  of  the  division  of  counties,  no  new  county  shall  be 
established  which  shall  reduce  the  assessed  valuation  of  any 
county  to  less  than  three  million  dollars. 

Sec.  3.  No  county  seat  shall  be  removed  unless  three-fourths 
of  the  qualified  electors  of  the  county  voting  upon  the  propo- 
sition at  a  general  election  shall  vote  in  favor  of  such  removal, 
and  three-fifths  of  all  votes  cast  on  the  proposition  shall  be 
required  to  relocate  a  county  seat.  A  proposition  of  removal 
shall  not  be  submitted  in  the  same  county  more  than  once  ini 
four  years. 

Sec.  4.  There  shall  be  no  territory  stricken  from  any 
county  unless  a  majority  of  the  voters  living  in  such  ter- 
ritory shall  petition  therefor.  Every  county  which  shall  be 
enlarged  or  created  from  territory  taken  from  any  other  county 
or  counties,  shall  be  liable  for  a  just  proportion  of  the  existing 
debts  and  liabilities  of  the  county  or  counties  from  which  such 
territory  shall  be  taken. 

II — 


.-CONSTITUTIONAL 

3klr.  PKESIHENT.    The  proposition  will  be  referred  to  Com- 
No.  (>,  on  Boundaries  and  Apportionment,  an  less  atls- 
erwise  ordered  by  the  convention.    It  is  so^  inferred, 

Mr.  POTTER.  If  I  am  not  too  late,  it  seems  to  Bare-that  it 
should  be  referred  to  Committee  No.  12,  on  County..  City  anal 
Town  Orga  niza  tion . 

Mr.  PRESIDENT.  Perhaps  it  should.  Does  tire  proposi- 
tion contain  special  reference  to  boundaries,  etc:,  Mr.  Secretary?" 

SECRETARY.  Reading:  "County  Seats,  Boundaries-  and 
Divisions  of  Counties." 

Mr.  PRESIDENT.  If  it  is  so  endorsed  upon  the  back  of  the 
document  and  concerns  these  matters,  it  should  go  to  the  com- 
mittee on  boundaries,  although  from  the  reading  of  it  it 
would  seem  to  refer  more  especially  to  theo  rganiza  tion  of  conn- 
ties  than  it  does  to  boundaries. 

Mr.  IRVINE.  I  agree  with  the  president,  I  think  the  bill 
should  go  to  the 'committee  as  referred  by  him. 

Mr.  PRESIDENT.  If  there  is  no  abjection,  it  will  be  re- 
ferred to  No.  6,  as  the  endorsement  of  the  paper  seems  te^  in- 
dicate that  committee. 

Mr.  BURRITT.    Mr.  President. 

Mr.  PRESIDENT.  The  gentleman  from  Johnson,  Mr.  Bur- 
ritt 

Mr.  BURRITT.  I  second  the  nomination  of  Mr.  Potter,  the 
gentleman  from  La  ramie. 

Mr.  PRESIDENT.  The  chair  has  disposed  of  the  matter, 
no  motion  having  been  made  until  after  the  proposition  was 
referred.  I  will  gladly  recall  that  action,  and  refer  the  matter 
to  the  convention  on  the  motion  as  made.  Is  there  a  second  to 
the  motion  made  to  refer? 

Mr.  BURRITT.    I  seconded  the  motion. 

'   Mr.  PRESIDENT.    A  little  tardy  perhaps,  but  we  wffl  take 
it  as  made. 

Mr.  PRESIDENT.  The  question  is  on  reference  of  the 
proposition  contained  in  file  No.  14  (is  it  not,  Mr.  Secretary?) 
presented  by  Mr.  Barrow.  It  is  proposed  to  refer  it  to  com- 
mittee No.  12,  or\  county,  city  and  town  organizations.  Are 
you  ready  for  the  question?  All  in  favor  of  referring  to  com- 
mittee No.  12  will  say  aye. 

Mr.  IRVINE.  If  the  chair  will  allow  me,  and  if  I  am 
permitted,  and  before  the  question  is  put,  I  would  like  to  move 
an  amendment  to  the  motion.  I  do  not  think  the  chair  heard 
me  before. 

Mr.  PRESIDENT.  We  will  retrace  our  steps  again,  if 
there  is  no  objection.  I  would  be  glad  if  members  in  address- 
ing the  chair  would  speak  loud  enough  so  I  could  hear  them, 
as  I  do  not  desire  to  pass  over  anyone  without  giving  them* 
proper  attention  and  courtesy. 


PROCEEDINGS  AND   DEBATES. 


163 


Mr.  IRVINE.  Knowing  the  intention  of  the  gentleman 
who  presents  the  proposition,  I  should  be  very  glad  if  I  am 
allowed  to  make  an  amendment. 

Mr.  PRESIDENT.  The  matter  is  before  the  convention 
for  their  disposition. 

Mr.  IRVINE.  As  I  said  before',  knowing  the  gentleman's 
purpose  in  offering  the  proposition,  I  move  to  amend  the  motion 
as  made  by  the  gentleman  from  Laramie,  by  moving  that  in 
stead  of  referring  to  the  committee  mentioned  by  him,  I  for- 
get the  number,  that  the  matter  be  referred  to  committee 
Mo  f>. 

Mr.  PRESIDENT.  The  chair  thinks  that  perhaps  that 
would  come  within  the  line  of  the  amendment.  Is  there  a 
second  to  the  motion? 

Mr.  HARVEY.     I  second  the  motion. 

Mr.  PRESIDENT.  The  original  motion  was  to  refer  this 
matter  to  committee  No.  12.  A  motion  is  now  made  to  amend 
by  referring  to  committee  No.  f>.  The  first  question  is  upon 
the  amendment.  Are  you  ready  for  the  question? 

Mr.  BURRITT.  I  rise  to  a  point  of  order.  The  amendment 
is  not  in  order.  Under  the  rules,  any  member  of  the  conven- 
tion may  suggest  a  committee  on  a  motion  of  reference,  and 
further  the  rules  provide  the  order  in  which  the  votes  upon  the 
reference  shall  take  place. 

Mr.  PRESIDENT.  Will  the  gentleman  refer  to  the  rule 
under  which  he  raises  his  point  of  order. 

Mr.  BURRITT.  If  the  chair  will  lend  me  the  rules  I  will 
soon  find  it. 

Mr.  PRESIDENT.     Here  is  a  copy  of  the  rules  which  a 
gentleman  of  the  convention  has  loaned  me. 
Mr.  BURRITT.    Mr.  President. 
Mr.  PRESIDENT.     The  gentleman  from  Johnson. 
Mr.  BURRITT.    Rule  33  provides,  "when  a  motion  is  made 
to  commit  to  a  committee  of  the  whole  convention,  or  to  a 
standing  committee,  it  shall  not  be  in  order  to  amend  such 
motion  by  substiting  any  other  committee,  but  if  any  com- 
mittee shall  be  suggested  the  motion  shall  be  put  upon  the 
committee  first  named,  and  afterwards  upon  the  committee 
or    committees    suggested   in   the    order   in   which    they    are 
named;  but  a  motion  to  refer  to  a  committee  of  the  whole 
convention,  to  a  standing  committee  or  to  a  select  committee, 
shall  have  precedence  in  the  order  here  named." 

Mr.  PRESIDENT.  The  point  of  order  seems  to  be  well 
taken. 

Mr.  IRVINE.  I  believe  that  the  point  is  well  taken,  and 
I  rise  therefore  to  a  question  of  privilege.  I  simply  wish  to 
state  to  the  convention  that  I  am  absolutely  sure  that  the  in- 
tention of  the  drawer  of  the  proposition  is  to  take  care  of 
eoTmtv  boundaries.  That  is  the  intention  of  the  drawer  of 


164 


CONSTITUTIONAL  CONVENTION. 


the  proposition  I  know.  If  there  is  any  such  rule  whereby  a 
proposition  can  be  handicapped  by  jumping  it  out  of  its  proper 
committees  I  think  we  had  better  amend  the  rules. 

Mr.  POTTER.  My  object  in  making  the  motion  was  not 
to  take  this  from  its' proper  committee,  but  to  put  it  where, 
in  niy  judgment,  it  belonged.  If  in  the  judgment  of  this  body 
I  am  wrong,  I  am  perfectly  willing  that  it  should  go  to  some 
other  committee.  It  makes  no  difference  where  it  goes  so  it 
is  referred  to  the  proper  committee.  But  it  seemed  to  me 
that  the  other  was  the  appropriate  committee  by  reason  of 
its  reference  to  these  matters.  The  reading  of  that  propo- 
sition referred  entirely,  in  my  opinion,  to  the  organization 
of  counties  and  the  changing  of  county  seats, 
which  is  included  in  the  organization  of  coun- 
ties; it  did  not  seem  to  me  that  boundaries  was  the  subject 
matter  of  it.  I  have  not  the  slightest  desire  to  take  it  away 
from  its  proper  committee,  and  if  it  belongs  to  the  committed 
on  boundaries,  I  am  perfectly  willing  that  it  should  go  there. 
I  simply  made  the  suggestion  for  that  reason. 

Mr/CONAWAY.  I  think  that  the  different  views  of  the 
different  members  of  this  convention  on  the  question  as  to 
what  committee  is  the  proper  and  appropriate  one  to  takQ 
charge  of  this  resolution,  arises  from  the  fact  that  it  contains 
some  matter  which  might  properly  go  to  the  committee  on 
boundaries  and  apporionment,  and  also  other  matters  that 
might  properly  go  to  committee  No.  12,  on  county,  city  and  town 
organization.  There  is  matter  there  relating  to  the  apportion- 
ment of  indebtedness  on  the  organization  of  new  counties  which 
would  properly  go  to  Committee  No.  6.  And  with  the  organiza- 
tion of  a  new  county ;  again,  it  is  always  necessary  to  establish 
boundry  lines,  and  that  matter  would  properly  go  to  Commit- 
tee No.  6.  However,  there  is  other  matter  in  the  proposition 
in  regard  to  the  organization  of  new  counties,  which  it  seems 
to  me  would  properly  come  under  Committee  No.  12,  in  regard 
to  County,  City  and  Town  Organizations.  If  the  proposition  is 
so  drawn  in  sections  that  portions  of  it  can  be  referred  to  one 
committee  and  portions  to  another,  I  presume  that  that1 
would  be  the  proper  course.  Otherwise,  I  presume  it  is  not  of 
very  much  importance  which  committee  it  is  referred  to,  as 
in  either  case  the  comnlittee  will  simply  consider  it,  report  it 
back  to  the  house  with  their  recommendations  and  it  will  ulti- 
mately get  into  the  hands  of  the  committee  where  it  belongs. 
I  merely  suggest  that  if  it  is  drawn  in  sections  so  it  can  be  di- 
vided, portions  of  it  can  go  to  each  one  of  these  committees. 

Mr.  CAMPBEI-L.    Question. 

Mr.  PRESIDENT.  The  chair  will  explain  briefly  to  the  con- 
vention the  idea  which  he  had  in  view  in  referring  this  to  Com- 
mittee No.  6.  It  seemed  to  me  that  the  main  substance  of  this 
proposition  was  upon  the  organization  of  counties,  and  not 
county  boundaries,  as  suggested  by  the  gentleman  from  Lara- 


I'KOCEEDLNGS  AND  DEBATES.  ^5 

mie.  There  are  also  portions  which  contain  important  mat- 
ters, or  features,  relating  to  county  boundaries.  My  idea  in  re- 
ferring it  to  the  committee  cn.  county  boundaries  was- that  they 
might  consider  it  in  their  own  way  and  report;  The  matter 
would  then  be  before  the  convention  to  be  disposed  of  as  they 
thomrht  best,  and  as  it  contained  matter  which  should  be  con- 
sidered by  No.  0,  that  committee  in  their  report,  if  they  choose, 
could  recommend  to  Committee  No.  12  so  much  of  it  as  would 
properly  go  to  that  committee  for  their  consideration.  How- 
ever, the  chair  is  very  glad  to  have  the  suggestions  of  the 
members  as  to  the  disposition  of  the  matter  in  the  way  they 
feeo  fit.  I  will  read  the  rule,  so  that  we  may  act  understanding- 
ly  on  the  subject  before  putting  the  question.  Rule  No.  33. 
"When  a  motion  is  made  to  commit  to  a  committee  of  the  whole 
convention  or  to  a  standing  committee  it  shall  not  be  in  order, 
to  amend  such  motion  by  substituting  any  other  committee,  but 
if  any  committee  shall  be  suggested  the  motion  shall  be  put 
upon  the  committee  first  named  and  afterwards  upon  the  com- 
mittee or  committees  in  the  ordar  in  which  they  are  named; 
but  a  motion  to  refer  to  a  committee  of  the  whole  convention, 
to  a  standing  committee  or  to  a  select  committee,  shall  have 
precedence  in  the  order  named. 

The  suggestion  of  the  chair  does  not  count,  so  the  first 
question  is,  shall  the  matter  be  referred  to  Committee  No.  12, 
and  should  that  motion  not  prevail  then  the  motion  will  be 
upon  referring  it  to  No.  6,  and  in  that  order.  The  chair  will 
now  put  the  motion.  The  question  is  as  to  the  reference 
of  this  matter  to  Committee  No.  12.  Are  you  ready 
for  the  question?  All  in  favor  of  the  motion  will  say  aye.  Those 
opposed  no.  The  ayes  seem  to  have  it.  A  division  is  called  for, 
so  all  in  favor  of  the  motion  will  rise  to  their  feet  and  stan<t 
until  counted.  The  chair  counts  fifteen.  Does  the  secretary 
find  the  same  number?  The  gentlemen  may  be  seated.  Those 
opposed  will  rise.  The  chair  counts  sixteen  voting  in  the  neg- 
ative. The  motion  to  refer  to  No.  12  is'  lost. 

Mr.  BUERITT.     I  desire  to  inquire  if  the  chair  voted. 
Mr.  PRESIDENT.     There  were  sixteen  without  the  chair 
voting  in  the  negative.    The  motion  is  now  on  reference  to  Corn- 
mi  ttee  No.  6.    All  in  favor  of  the  motion  to  refer  to  No.  0  will 
say  aye;  those  opposed  no. 
Mr.  RINER.   "Division. 

Mr.  PRESIDENT.  A  division  is  called  for.  All  in  favor 
of  the  motion  will  rise  to  their  feet  and  stand  until  counted. 
The  secretary  will  please  count  them,  for  fear  I  make  a  mis- 
take. The  secretary  counts  twenty-five.  Those  opposed  will 
riso  and  stand  until  counted.  Seven.  The  motion  to  refer  to 
Committee  No.  6  prevails. 

Mr.  BAXTER."   Mr.  President. 

Mr.  PRESIDENT.  The  gentleman  from  Laramie,  Mr. 
Baxter. 


!66  CONSTITUTIONAL  CONVENTION. 

Mr.  BAXTER.  I  have  a  proposition  which  I  would  like  to 
present  and  have  read  in  the  proper  order. 

Mr.  PRESIDENT.  The  gentlman  may  present  it.  The  sec- 
iviar.v  will  please  read  the  next  proposition. 

SECRETARY.  File  No.  15,  by  Mr.  Palmer,  concerning 
school  lands. 

Mr.  PRESIDENT.    The  secretary  will  please  read  at  length. 

"That  there  be  incorporated  in  the  constitution  proposed^ for 
the  state  of  Wyoming,  a  clause  reserving  school  lands  in  per- 
petuitv  for  at  least  twenty  years." 

Mr.  PRESIDENT.  This  will  be  referred  to  Committe  No. 
Id,  Federal  Relations,  Public  Lands  and  Military  Affairs.  Is 
there  any  motion  to  refer  this  matter  to  any  other  particular 
committee?  If  not  it  will  be  referred  to  No.  16.  There  being 
no  motion  it  is  so  referred. 

Secretary  will  please  read  the  next. 

SECRETARY.  File  No.  16.  concerning  a  compulsory  secret 
ballot.  "That  there  be  incorporated  in  the  constitution  of  the 
proposed  state  of  Wyoming,  a  clause  providing  for  a  compul- 
sory secret  ballot." 

Mr.  PRESIDENT.  If  there  is  no  motion  to  specially  refer 
this  it  will  be  referred  to  Committee  No.  5,  on  Elections,  Right 
of  Suffrage  and  Qualifications  to  Office.  There  being  no  mo 
tion  it  is  so  referred,  Mr.  Secretary. 

SECRETARY.  File  No.  17,  by  Mr.  Palmer,  concerning  pri- 
vate detective  agencies. 

Mr.  PRESIDENT.  Is  there  any  motion  to  refer  this  to  rny 
particular  committee?  I  would  suggest  that  if  there  is  no  other 
motion  that  this  be  referred  to  Committee  No.  10,  Manufact- 
ures, Commerce,  Live  Stock  Interests  and  Labor.  The  chair. 
was  a  little  in  cloufbt  as  to  what  committee  it  should  be  re-" 
f< TV(\1  to,  bat  if  there  is  no  objection  it  will  be  so  referred  to 
Committee  No.  1.0. 

SECRETARY.  File  No.  18,  by  Mr.  Campbell,  qualifications 
of  state  officers. 

Mr.  PRESIDENT.  If  there  is  no  objection  this  will  be  re- 
ferred to  Committee  No.  5,  on  Elections,  Right  of  Suffrage  and 
Qualifications  to  Office.  There  being  no  objection  it  is  so  re- 

f(    V1V-YJ. 

SECRETARY.  File  No.  19,  by  Mr.  Campbell,  creation  of 
new  counties  and  municipal  corporations. 

"No  new  county  shall  be  formed  unless  within  the  Ir'nt* 
1  hereof  it  contains  property  of  the  valuation  of  two  million' 
dollars  and  have  a  population  of  at  least  two  thousand. 

"No  laAV  shall  be  passed  permitting  the  incorporation  of 
any  city  or  town  against  the  wishes  and  desires  of  x  majority 
of.  the  tax  payers  residing;  within  the  boundaries  of  the  pro- 
posed territory  to  bo  incorporated." 

Mr.  PRESIDENT.  If  there  is  no  motion  to  otherAvise  reVr 
this  proposition  it  will  be  referred  to  Committee  No.  12,  on 


PROCEEDINGS  AND  DEBATES. 


167 


County,  City  and  Town  Organizations.  There  being  no  motion 
to  the  contrary  it  is  so  referred. 

Mr.  POTTER.    Mr.  President, 

Mr.  PRESIDENT.  The  gentleman  from  Laramie,  Mr.  Pot- 
ter. 

Mr.  POTTER.  With  reference  to  'the  preceding  proposition 
introduced  by  Mr.  Campbell,  in  regard  to  the  qualifications  of 
the  governor,  lieutenant  governor,  and  something  about  the 
treasurer,  I  haAre  no  desire  to  criticise  the  action  of  the  pres- 
ident in  referring  these  matters,  and  I  understand  the  desire 
of  the  president  to  act  in  this  connection  of  placing  these  mat- 
ters in  the  hands  of  the  committees,  so  as  to  expedite  our  la- 
bors, but  I  think  a  moment's  reflection  will  show  the  president 
that  the  final  placing  of  this  proposition,  if  it  should  be  adopt- 
ed, would  be  under  the  head  of  Executive  Department.  Itfi 
place  will  be  under  the  head  of  Executive  Department  in  the 
constitution,  and  it  seems  to  me  that  the  Executive  Department 
is  the  place  for  it.  T  don't  desire  to  have  the*  president  or  con- 
vention think  T  am  making  any  disturbance  about  these  mat- 
ters, but  I  only  make  the  suggestion  as  I  think  it  will  expedite 
matters.  In  all  constitutions  under  the  heading  of  Executive 
Department  will  be  found  the  qualifications  of  the  governor, 
lieutenant  governor  and  treasurer. 

Mr.  CAMPBELL.  In  my  opinion  such  a  reference  to  the 
executive  department  would  not  be  a  proper  one.  I  think  it 
should  be  referred  to  the  committee  on  qualifications  to  office. 

Mr.  PRESIDENT.  It  is  the  opinion  of  the  chair  that  as  we 
have  a  committee  on  qualifications  to  office,  and  as  this  touched 
purely  the  matter  of  qualification,  that  it  should  be  especially 
under  the  control  of  this  committee,  and  it  was  therefore  re- 
ferred in  this  way  because  it  touched  the  matter  of  qualifica- 
tion solely  and  nothing  else. 

If  the  convention  desire  to  refer  it  otherwise  it  will  be  so 
referred. 

Mr.  POTTER.    I  make  no  motion  to  refer  it  otherwise. 

SECRETARY.     File  No.  20,  by  Mr.  Fox,  preamble. 

We,  the  people  of  Wyoming,  grateful  to  Almighty  God  for 
the  civil,  political  and  religious  liberty  He  hath  permitted  us 
to  enjoy,  and  looking  to  him  for  a  blessing  upon  our  endeavors 
to  secure  and  transmit  to  succeeding  generations  a  more  inde- 
pendent and  perfect  form  of  government,  establish  justice,  in- 
sure tranquility,  provide  for  the  common  defense,  promote  th«» 
general  welfare,  and  secure  the  blessings  of  liberty  to  ourselves 
and  our  posterity,  do  ordain  and  establish  this  constitution  for 
the  st,ate  of  Wyoming. 

Mr.  PRESIDENT.  If  not  otherwise  desired  by  the  con- 
vention, this  proposition  will  be  referred  to  committee  Xo.  1. 
ou  preamble  and  declaration  of  rights. 

SECRETARY.  File  No.  21,  by  Mr.  Chaplin,  "Fro-dom  ot 
Conscience." 


7  6S  CONSTITUTIONAL  CONVENTION. 

Absolute  freedom  of  conscience  in  all  matters  of  religious 
sentiment,  belief  and  worship  shall  be  guaranteed  to  every 
individual,  and  no  one  shall  be  disturbed  in  person  or  property 
on  account  of  religion,  but  the  liberty  hereby  granted  shall  not 
be  so  construed  as  to  excuse!  licentiousness  or  justify  practices 
inconsistent  with  the  peace  and  safety  of  the  state. 

No  public  money  or  property  shall  be  appropriated  or  ap- 
plied to  any  religions  worship,  exercise  or  instruction,  or  the 
support  of  any  religious  esablishment.  No  religious  qualifi- 
cation shall  be  required  for  any  public  office  or  employment, 
nor  shall  any  person  be  incompetent  as  a  witness  or  juror  in 
consequence  of  his  opinion  on  matters  of  religion,  nor  be  ques- 
tioned in  any  court  of  justice  touching  his  belief  to  affect  the 
weight  of  his  testimony. 

Mr.  PRESIDENT.  It  seems  to  the  chair  that  this  should 
be  referred  either  to  the  judiciary  committee  or  to  the  com- 
mittee on  public  morals. 

Mr.  CHAPLIN.  I  would  suggest  that  it  be  referred  to  the 
committee  on  bill  of  rights — preamble  and  bill  of  rights. 

Mr.  CAMPBELL.  Does  that  resolution  comply  with  the 
rules.  I  did  not  hear  the  name  of  the  person  who  introduced 
it.  I  think  the  rules  provide  for  that. 

Mr.  PRESIDENT.  Mr.  Chaplin  introduced  it,  although  I 
believe  his  name  is  not  subscribed  to  it.  The  proposition  will 
be  referred  as  suggested,  if  there  is  no  other  motion. 

Mr.  RINER.  I  move  to  refer  it  to  the  committee  on  public 
health  and  public  morals. 

Mr.  CAMPBELL,  I  second  the  motion. 
Mr.  PRESIDENT.  The  motion  is  that  it  be  referred  to 
the  committee  on  public  health  and  public  morals,  education, 
etc.  Any  other  committee  may  be  suggested  under  the  rules. 
The  gentleman  from  Albany  suggests  that  it  be  referred  to 
committee  No.  1.  The  question  wrill  come  under  the  rules  first 
as  to  referring  it  to  committee  No.  7,  I  bejlieve  it  is,  on  public 
morals.  All  in  favor  of  the  motion  to  so  refer  it  will  say  aye; 
those  opposed,  no.  The  noes  seem  to  have  it.  A  division  is 
called  for.  All  in  favor  of  referring  it  to  committee  No.  7  wilj 
rise  to  their  feet  and  stand  until  counted.  Five.  All  opposed 
will  rise.  Twenty-two.  The  noes  have  it.  All  in  favor  of  re- 
ferring this  proposition  to  Committee  No.  1  will  say  aye;  those 
opposed,  no.  The  ayes  have  it,  The  matter  is  referred  to 
committee  No.  1. 

Mr.  PRESIDENT  I  have  upon  my  table  a  communication 
from  a  gentleman  of  Tennessee,  who  seems  to  be  interested 
in  our  \velfare.  and  who  has  sent  us  a  proposition  for  a  consti- 
tution. Mr.  Joseph  Ramsey  of  Tennessee.  The  matter  is  in 
:i  peculiar  form,  and  if  there  is  no  objection  the  chair  woulcj 
r^for  it  to  the  committee  on  miscellaneous  matters  to  be  put 
in  such  shape  and  reported  back  to  the  convention  in  any 
form  they  may  desire.  It  would  seem  to  contain  matter  tliat 


PROCEEDINGS  AND  DEBATES. 


,69 


•is  worth}'  of  careful  consideration.  If  there  is  no  objection 
a!3  these  propositions  for  a  constitution,  and  all  these  waiters 
•of  a  general  nature  will  be  referred  to  the  committee  mimed. 

•.:•.  rOFFEEX.     I  desire  to  ask  here  whether  it  is  i; 
sary  thai  these  outside  matters  that  come  in  to  this  conven- 
tion slioul  1  be  placed  on  file?    Could  they  not  be  referred  ta 
•on!.\  without  encumbering  our  files  with  them? 

iYJr.  PRESIDENT.  That  might  be  done.  The  secretary 
•will  7^  AasA  read  the  next. 

SECRETARY.  File  No.  22,  by  Mr.  Baxter,  "Creation  of 
'Nf--.v  Con  Y.  lies/' 

"No  new  county  shall  be  created  unless  it  shall  contain 
at  least  two  millions  of  property  as  showrn  by  the  last  pre- 
ceding  tax  returns,  and  not  then  unless  the  remaining  por- 
tion of  th  ^  old  county  or  counties  shall  contain  an  equal  OB 
•greater  valuation." 

Mr.  PRESIDENT.  This  will  be  referred  to  committee  No, 
12,  on  county,  city  and  town  organizations,  unless  otherwise 
directed  by  the  convention.  There  being  no  motion  it  is  sq 
referred. 

MY.  McCANDLISH.    Mr.  President. 

Mr.  PRESIDENT.     The  gentleman  from  Johnson,  Mr.  Mc- 


Mr.  McCANDLISH.  I  move  we  adjourn,  take  a  recess  I 
mean,  until  2  o'clock. 

Mr.  PRESIDENT.  There  is  a  resolution  upon  my  table 
which  it  will  not  take  a  moment  to  dispose  of,  and  unless  the 
motion  for  a  recess  be  insisted  upon,  perhaps  we  can  dispose  of 
it  now.  The  clerk  will  please  read. 

The  clerk  here  reads  resolution  of  Mr.  Baxter  to  send  greet- 
ing to  the  New  Mexico  convention,  already  quoted. 

Mr.  PRESIDENT.  I  understand  Mr.*  Baxter  moves  the 
adoption  of  that  resolution. 

Mr.  MORGAN.    I  second  the  motion. 

Mr.  PRESIDENT.  The  question  is  upon  the  adoption  of 
the  resolution  as  read.  All  in  favor  of  the  motion  on  the 
adoption  of  the  resolution  will  say  aye;  those  opposed  no. 

The  resolution  is  adopted  by  the  unanimous  vote  of  the  con- 
vention. One  more  matter,  Mr.  Secretary,  and  we  will  be 
through. 

SECRETARY.    Resolution  offered  by  Mr.  Hoyt. 

Resolved,  That  the  number  of  members  of  standing  com- 
mittee No.  1.0,  entitled  manufactures,  commerce,  live  stock 
interests  and  labor,  is  hereby  increased  to  ten,  in  order  that 
•each  county  of  the  territory  may  be  represent  (Hi  thereon. 

Mr.  PRESIDENT.  The'  question  is  on  this  motion  to  re- 
organize committee  No.  10. 

Mr.  BUKRTTT.     Mr.  President. 

Mr.  PRESIDENT.  The  gentleman  from  Johnson.  Mr.  Bur- 
Tit  t. 


tjo  CONSTITUTIONAL  CONVENTION. 

Mr.  BURRITT.  I  presume  the  gentleman  from  Albany y 
Mr.  Hoyt,  offers  tliis  resolution  as  an  amendment  to  rule  No. 
(>.  If  that  is  the  case,  I  suppose  he<  simply  means  to  give 
notice  that  to-inorrow  he  will  move  the  adoption  of  the  reso- 
lution to  amend  rule  six  to  that  effect.  An  amendment  of 
the  rules  would  be  necessary  in  order  to  increase  the  num- 
ber of  the  committee. 

Mr.  PRESIDENT.  If  there  is  no  objection  to  action  being 
taken  now,  the  rules  might  be  suspended.  Does  the  gentle- 
u inn  from  Johnson  raise  a  question  of  order? 

Mr.  BURRITT.  I  cannot  do  otherwise  since  the  chair  has 
established  so  good  a  precedent  to  holding  us  down  to  our 
rules.  It  might  be  that  someone  else  might  want  something 
of  more  importance  changed  in  the  same  informal  and  irreg- 
ular way,  and  it  will  be  much  better  to  adhere  to  our  rules. 

Mr.  PRESIDENT.  Does  the  gentleman  insist  upon  his 
point  of  order? 

Mr.  BURRITT.     I  do. 

Mr.  MORGAN.     Mr.  President. 

Mr.  PRESIDENT.  The  gentleman  from  Laramie.  Mr.  Mor- 
gan. 

Mr.  MORGAN.  I  wish  to  give  a  notice  about  committee 
No.  2.  Will  they  please  meet  immediately  after  adjournment^ 
it  will  take  but  a  moment  or  two. 

Mr.  PRESIDENT.    The  gentleman  from  Albany,  Mr.  Hoyt. 

Mr.  HOYT.  If  the  menders  who  desire  to  adjourn  prompt- 
ly will  delay  a  moment,  I  have  a  motion  which  I  would  like 
to  make.  I  think  it  is  a  matter  of  convenience  that  we  have 
before  us  the  standing  committees,  and  I  move  therefore,  that 
the  committee  on  printing,  having  in  charge  the  printing  of 
the  standing  rules,  order  the  standing  committees  printed 
upon  cards,  so  that  they  might  be  placed  before  us  or  carried 
about  with  us  already  for  use.  It  would  be  a  great  conven- 
ience. 

Mr.  COFFEEN.  P>efore  that  motion  is  seconded,  I  would 
suggest  that  the  committee  who  have  in  charge  the  printing" 
of  those  standing  rules  and  committees,  be  instructed  to  have 
them  printed,  whether  on  cards  or  in  some  other  form.,  as- 
hastily  as  possible,  so  that  we  may  have  them.  I  make  no- 
motion,  but  simply  make  the  suggestion. 

Mr.  HOYT.  The  point  I  make  is  that  if  we  have  them 
printed  in  pamphlet  form  it  will  not  be  so  convenient,  they 
are  liable  to  get  lost;  whereas  if  printed  on  a  card  it  would 
takr  up  but  a  small  space,  and  could  be  tacked  upon  our 
tables  always  before  the  eye. 

Mr.  PRESIDENT.    The  chair  hears  no  second. 

Mr.  SUTHERLAND.    I  second  the  motion. 

Mi'.  HAY.  I  will  explain,  as  a  member  of  the  printing* 
committee,  that  the*  committee  has  ordered  the  st:  Hiding  com- 
mittees to  be  printed  in  connection  with  the  rules  as  was  sug- 


PROCEEDINGS  AND   DEBATES.  i^! 

gested  the  other  day.  Now  this  idea  of  putting  them  on  cards, 
if  carried  will  be  an  additional  expense,  and  we  shall  have 
to  ask  'Mr.  Slack  to  hold  the  matter  in  form  so  they  can  be 
printed  on  cards  if  the  convention  so  order,  tout  it  seems  to 
me  that  we  might  perhaps  wait  until  we  see  the  others. 

Mr.  PRESIDENT.  I  was  about  to  make  the  suggestion 
that  in  printing  these  committees  in  this  way,  I  suppose  the 
matter  is  already  set  up  as  it  will  be  printed  in  with  the 
rules,  and  it  could  be  placed  upon  a  card  with  little  if  any 
expense  additional.  I  think  it  would  be  a  matter  of  some 
convenience. 

Mr.  MORGAN.  I  rise  to  suggest  this.  The  gentleman 
from  Albany  has  made  a  motion  increasing  the  number  of 
members  on  one  of  the  committees.  If  this  action  can  be 
postponed  we  could  have  the  cards  printed  with  the  com- 
mittees as  increased,  if  this  motion  prevails.  It  is  to  be  held 
in  type  a  day  or  two,  and  we  could  then  have  the  cards  with 
the  committees  as  changed,  if  desired. 

Mr.  IIOYT.  It  is  not  a  matter  which  need  be  pressed. 
I  simply  thought  it  a  matter  of  convenience,  and  if  we  had 
the  committees  before  us  any  corrections  in  three  or  four 
names  could  be  made  in  by  pen  by  each  member  at  his  con- 
venience. 

Mr.  POTTER.  I  just  Avant  to  bring  up  the  matter  of  our 
not  having  any  pages.  I  am  informed  by  some  of  the  Albany 
delegation  that  Corlett  Downey  will  not  attend  the  conven- 
tion. It  was  so  announced  in  the  convention  yesterday.  A 
name  has  been  mentioned  to  me  /by  a  citizen  of  this  town  of 
a  young  gentleman  who  will  attend  the  convention  just  as 
soon  as  he  is  wanted,  if  he  is  elected  page.  I  am  perfectly 
willing-  to  let  this  matter  wait  until  this  afternoon,  but  if  we 
could  get  him  here  this  forenoon  I  think  he  might  be  of  some 
service.  The  young  gentleman  is  Fred  Hauifschmidt. 

Mr,  McOANDLISH.  I  insist  upon  my  motion  to  take  a 
recess  until  two  o'clock  this  afternoon. 

Mr.  CAMPBELL.     Second  the  motion. 

(1RAIR,  The  motion  is  insisted  upon.  All  in  favor  of 
taking'  a  recess  until  2  o'clock  this  afternoon  will  say  aye; 
those  opposed,  no.  The  ayes  have  it.  The  convention  will 
take  a  recess. 

Friday  afternoon,'  Sept.  0,  1880. 

Oonventiou  reassembled  at  2  o'clock. 

President  Brown  presiding. 

PRESIDENT.    Come  to  order. 

Gentlemen:  At  the  moment  of  taking  a  recess  this  morn- 
ing we  were  working-  under  our  rules  on  the  presentation  of 
resolutions,  propositions,  etc.  I  have  now  on  my  table  a  let t  IT 
addressed  to  the  chairman  of  the  convention,  by  a  former 
ident  of  this  territory,  now  residing  in  Missouri.  lie  makes  a 
suggestion  as  to  the  name  of  the  new  state.  II'  there  is  no 


17.2  CONSTITUTIONAL  CONVENTION. 

objection  I  'will  present  the  communication  to  the  secretary 
to  be  read.    'There  being  no  objection  the  secretary  will  read. 

"Lexington,  Mo.  Sept.  3,  1889. 
'"B.  S.  Elliott,  President  and  Members  of  the  Wyoming  Con- 

stitutional  Convention,  Cheyenne. 

"Dear  Sir: — As  an  old  resident  of  Wyoming  and  a  member 
of  her  first  legislature,  it  will  not  seem  out  of  place  for  me  to 
express  my  interest  in  your  proceedings,  and  my  best  wishes 
:for  the  success  of  the  new  state. 

The  name  of  a  state  has  much  to  do  with  its  future  fort- 
unes, and  if  the  new  state  is  to  be  named  after  a  county  it 
would  seem  to  me  much  better  to  name  it  after  one  of  your 
own  counties  than  after  a  county  in  an  eastern  state,  as  it  is 
now  named.  ITinta  is  a  much  prettier  name  than  Wyoming, 
and  is  one  that  belongs  to  your  locality  and  was  not  imported 
from  the  east.  Wyoming  was  chosen  for  you  when  helpless. 
"When  you  become  full  fledged  freemen  choose  your  own  name. 
'There  are  many  other  pretty  aboriginal  names  that  belong  to 
the-  west,  but  it  would  be  hard  to  find  a  more  suitable  and 
pleasant  sounding  name  than  IJinta,  spelled  with  five  letters. 

"With  many  wishes  for  the  prosperity  of  the  new  state,  I 
"have  the  honor  to  be,  my  dear  sir  and  gentlemen, 

(Signed)     "GEORGE   WILSON, 
"Memjber  of  the  Council,  First  Legislature. 

Mr.  PRESIDENT.  As  the  preamble  to  be  adopted  for  our 
constitution  will  necessarily  contain  a  name,  if  there  is  no  ob- 
jection, this  letter  will  be"  referred  to  that  committee,  as  a 
suggestion  that  they  may  consider. 

Mr.  REID.  I  move  the  communication  be  laid  on  the  ta- 
ble. 

Mr.  CAMPBELL.    I  second  the  motion,  Mr.  President. 

Mr.  PRESIDENT.  It  is  moved  and  seconded  that  the 
communication  just  read  be  laid  on  the  table.  Are  you  ready 
for  the  question?  All  in  favor  of  the  motion  will  say  aye;  those 
opposed  no.  The  ayes  have  it.  The  communication  is  laid  on 
the  table. 

Mr.  PALMER.    Mr.  President. 

Mr  PRESIDENT.  The  gentleman  from  Sweet  water,  Mr. 
Palmer. 

Mr.  PALMER.  Mr.  Preston,  of  Fremont,  asked  me  to  state 
to  the  chair  that  he  is  necessarily  absent  today;  and  will  also 
be  tomorrow,  and  asks  that  the  convention  excuse  him,  and  I 
therefore  move,  Mr.  President,  that  Mr.  Preston  be  excused 
until  Monday  on  attendance  on  sessions  of  this  convention. 

Mr.  McCANDLISH.    Second  the  motion. 

Mr.  PRESIDENT.  Without  putting  the  motion  formally 
Mr.  Preston  will  be  excused  unless  there  is  objection.  There 
being  iioin*  the  record  will  so  show  that  Mr.  Preston  is  excused. 


PROCEEDINGS  AND  DEBATES.  ,^ 

/  o> 

Gentlemen  of  the  convention,  I  have  some  further  commu- 
nications upon  the  table.  One  from  His  Excellencj',  Governor 
F.  E.  Warren,  of  the  territory,  sending  to  me,  as  your  chairman,, 
certain  letters  from  senators  and  representatives  in  congress. 
I  will  present  them  to  the  clerk  to  be  read  if  there  is  no  ob- 
jection, and  disposed  of  as  the  convention  may  see  fit. 

"Executive  Department,  Cheyenne,  Wyo.,  Sept.  3,  1889. 
"Hon.    M.    C.    Brown),    President    Constitutional    Convention, 
Cheyenne,  Wyo. 

"Dear  Sir: — I  am  in  receipt  of  a  letter  from  Henry  B._ 
Black yvell,  of  Boston,  regarding  woman  suffrage  in  the  Wyo- 
ming constitution.  He  encloses  letters  from  IT.  S.  Senator- 
Henry  W.  Blair,  of  New  Hampshire;  Ex-Governor  of  Massa- 
chusetts John  D.  Loner,  and  Member  of  Congress  T.  B!  Reedr 
of  Main. 

"The  three  letters  I  herewith  enclose  you  for  any  use  yoir 
may  desire  to  make  of  them  during  the  convention. 

"Very  Truly  Yours, 
"FRANCIS  E.  WARREN." 

"IT.  S.  Senate,  Washington,  D.  C.,  August  21,  1889. 
"Henry  B.  Blackwell,  Cor.  Sec'y  Am.  Woman's  Suffrage  Asso. 

"Dear  Sir: — The  most  common  argument  urged  by  the  op- 
ponents of  woman  suffrage  to  a  national  constitutional  amend- 
ment, giving  suffrage  to  women,  is  that  the  whole  subject  be- 
longs to  the  states  and  to  the  people  of  the  states.  Always-, 
in  debate  they  tell  us  to  go  to  the  states  and  fight  out  the  bat- 
tle there. 

"Hence  all  must  see,  that  you  are  pursuing  the  very  course- 
they  pronounce  the  proper  one,  in  your  efforts  to  secure  the 
suffrage  for  women  in  the  formation  of  the  constitutions  of  the- 
new  states.  There  is  not  the  slightest  ground  to  apprehend 
their  rejection  should  these  states  apply  with  woman  suffrage 
in  their  constitutions. 

"There  is  a  very  general  willingness  that  the  experiment 
be  tried,  even  by  those  who  have  no  faith  in  the  result.  Tried' 
it  must  be  and  the  sooner  the  better. 

"Truly  Yours, 
"HENRY  W.  BLAIR." 

"Portland,  Me.,  Aug.  21,  1889. 

"My  Dear  Sir: — There  is  no  danger  that  the  admission  of 
Wyoming  will  be  hindered  in  the  least  by  putting  woman  suf- 
frage in  the  constitution. 

••Very  Truly. 

"T.*B.  REED, 
"To  Henry  Blackwell,  Cor.  Sec'y  Am.  W.  S.  A." 


CONSTITUTIONAL  CONVENTION. 

"Law  Office  of  Allen,  Hemenway  £  Long, 
Boston,  Mass.,  Aug.  23,  1889. 

Dear  Sir:— In  my  judgment,  if  •Wyoming  adopts  a  woman 
suffrage  constitution,  congress  will  recognize  and  respect  the 
right  of  the  people  of  the  territory  to  regulate  and  determine 
the  question  of  suffrage  for  themselves,  and  would  not  refuse 
them  admission  as  a  state  on  that  account. 

"Yours  truly, 

"JOHN  D.  LONG. 
Henry  B.  Blackwell,  Esq. 

Mr.  PRESIDENT.  Gentlemen,  what  will  yon  do  with  the 
papers? 

Mr.  HOYT.  I  move  their  reference  to  the  committee  on 
suffrage,  elections  arid  qualifications  to  office. 

GENTLEMAN  FROM  SWEETAVATER,  I  move  that  the 
matter  be  laid  on  the  table.  I  offer  this  as  a  substitute  to 
that  motion. 

Mr.  PRESIDENT.  My  recollection  is  that  the  motion  of 
the  gentleman  from  Sweetwater  is  not  in  order.  The  motion 
is  not  seconded  I  believe.  The  question  will  be  on  reference 
to  the  committee  named.  I  believe  it  is  No.  5.  All  in  favor 
of  reference  to  this  committee  will  say  aye;  those  opposed, 
no.  The  ayes  have  it.  The  communication  will  be  referred 
to  committee  No.  5. 

Reports  of  standing  committees.  Are  there  any  matters 
to  be  reported?  Are  there  any  reports  ready  from  the  stand- 
ing committees? 

Mr.  CHAPLIN.    Mr.  President. 

Mr.  PRESIDENT.  The  gentleman  from  Albany,  Mr.  Chap- 
lin. 

Mr.  CHAPLIN.  I  have  a  report  from  the  committee  on 
printing. 

Mr.  PRESIDENT.     The  secretary  will  please  read. 

(Reading  of  report.    See  journal  page  30.) 

Mr.  CHAPLIN.  I  will  state  that  it  is  just  the  original  prop- 
osition made  y  Mr.  Slack. 

Mr.  PRESIDENT.  What  will  you  do  with  the  report  of 
your  committee,  gentlemen? 

Mr.  MORGAN.  I  wish  the  chairman  of  the  printing  com- 
mittee would  state  which,  all  things  considered,  is  the  best 
proposition. 

Mr.  PRESIDENT.  I  myself  would  like  to  hear  the  report 
read  again.  It  is  short,  and  I  did  not  quite  understand  it.  The 
secretary  will  please  read,  and  then  we  will  got  such  instruc- 
tions as  we  can. 

(The  secretary  re-read  the  report  of  the  printing  commit- 
tee.) 

Mr.  CHAPLIN.  The  committee  did  not  deem  it  advisable 
to  make  any  recommendation;  the  three  bids  show  for  them- 
selves. Mr/ Slack's  bid  is  the  lowest,  and  they  did  not  deem  it 


PROCEEDINGS  AND  DEBATES.  ,75 

advisable  to  make  any  recommendation,  but  to  give  the  bids 
to  the  convention  and  let  them  make  the  bid  and  take  the  re- 
sponsibility. 

Mr.  HAY.  I  would  say  that  as  we  had  no  rules  we  did  not 
know  what  authority  Ave  had,  or  just  what  our  duties  were, 
and  for  this  reason  we  thought  it  better  to  refer  it  to  the  con- 
vention. 

Mr.  COFFEEN.  I  myself  yesterday  spoke  on  a  motion  pi-e- 
venting this  matter  going  into  contract  until  bids  should  be 
had,  but  now  that  the  bills  are  all  before  us  here,  with  esti- 
mates and  explanations,  I  move  the  contract  be  let  to  the  low- 
est bidder,  which  I  understand  to  be  The  Sun  office. 

Mr.  IRVINE.    I  second  the  motion. 

Mr.  CAMPPELL.  I  would  suggest  to  amend  that  so  as  to 
provide  that  The  Sun  furnish  us  seventy-five  copies,  the  saun- 
as Bristol  &  Knabe.  The  Sun's  bid  contains  no  expression  as 
to  the  number  of  copies  to  be  furnished  this  convention. 

Mr.  OOFFEEN.     I  accept  the  amendment. 

Mr.  JOHNSTON.  Would  it  be  policy  to  confine  it  to  seven- 
ty-five copies.  In  some  cases  during  the  sessions  of  the  legis- 
lature, copies  of  certain  bills  were  in  demand;  copies  were  re- 
quired for  members  to  send  to  their  constituents.  Would  it 
not  be  policy  to  make  provision  for  more  than  seventy-five  cop- 
ies of  bills  which  are  of  more  than  ordinary  importance. 

Mr.  HAY.  I  would  state  that  the  specifications  furnished 
to  the  committee  provide  each  one  for  seventy-five  copies.  I 
did  not  notice  that  The  Sun  bid  did  not  state  the  unmber,  but 
the  bid  is  made  with  that  distinct  understanding.  Your  com- 
mittee went  to  each  of  the  printing  offices,  and  each  man  put 
it  down  himself  in  Avriting.  In  regard  to  increasing  the  number 
it  seems  inadvisable.  If  we  find  any  special  bills  or  resolutions  of 
which  there  will  be  more  than  seventy-five  copies  required,  it 
would  be  better  to  have  a  few  extra  copies  printed,  rather  than 
print  a  hundred  copies  of  every  one.  In  every  case  there  will 
be  some  twenty  or  more  extra  copies,  and  in  my  judgment  it 
seems  unnecessary  to  print  one  hundred  copies  if  seventy-five 
will  answer. 

Mr.  PRESIDENT.  The  question  is  now  to  decide  the  mo- 
tion that  the  contract  of  printing  be  awarded  Mr.  Slack  upon 
his  bi'd,  it  being  understood  that  he  is  to  print!  in; all  cases 
seventy-five  copies — not  less  than  that.  Are  you  ready  for  the 
question?  All  in  favor  of  the  motion  will  say  aye;  those  op- 
posed no.  The  ayes  have  it.  The  motion  prevails. 

The  committee,  I  suppose,  are  now  authorized  on  this  vote 
of  the  convention  to  inform  Mr.  Slack  that  his  bid  is  accepted 
and  the  contract  considered  made  under  the  terms  indicated 
by  his  bid  and  the  communications  of  the  committee. 

Are  there  any  further  reports  from  standing  committees? 

Mr.  NICKERSON.  The  committee  on  ways  and  means 
have  a  report.  It  is  a  special  committee. 


76 


CONSTITUTIONAL  CONVENTION 


Mr.  PRESIDENT.  I  suppose  this  committee  on  ways  and' 
means  is  practically  a  special  or  select  committee.  Reports, 
from  select  committees  are  now  in  order. 

(Reading  of  report.    See  journal  page  31.) 

Mr.  CAMPBELL.  Mr.  President.  I  move  the  report  be 
accepted. 

Mr.  BAXTER.    I  second  the  motion. 

Mr.  PRESIDENT.  Gentlemen  of  the  convention,  it  is  moved 
that  the  report  of  your  ways  and  means  committee  be  ac- 
cepted. 

I  believe  that  was  the  extent  of  the  motion  which  you  -.ire- 
to  approve.  The  question  before  the  convention  is  as  to  the 
employment  of  a  stenographer  as  recommended  by  the  com- 
mittee, under  her  proposition.  Are  3^011  ready  for  the  question?" 
All  in  favor  of  the  motion  will  say  aye ;  those  opposed  no.  The 
ayes  have  it  and  the  motion  prevails. 

Mr.  POTTER.    Mr.  President. 

Mr.  PRESIDENT.     The  gentleman  from  Laramie. 

Mr.  POTTER.  I  have  a  resolution  which  the  secretary  will 
please  read. 

(Reading  of  resolution.     See  journal  page  31.) 

Mr.  McCANDLISH.  I  will  just  ask  what  number  commit- 
tee that  was. 

Mr.  PRESIDENT.  To  amend  rule  No.  6,  by  substituting 
an  additional  committee  to  be  known  as  the  committee  on  ordi- 
nances. I  believe  that  is  the  language  of  the  document. 

Mr.  PRESIDENT.  Is  there  any  further  business  to  come 
before  the  convention  this  afternoon  for  its  consideration?" 
There  is  nothing  on  the  table. 

Mr.  POTTER,  Just  before  recess  I  mentioned  the  f act- 
that  a  young  man  named  Fred  Haufsmith  w7ould  be  present 
and  accept  the  office  of  page,  if  he  was  elected,  and  I  stated 
that  I  had  inquired  of  the  Albany  county  delegation  and  learned 
that  Oorlett  Downey  would  not  be  present.  If  that  is  the  case 
Ave  might  elect  another  page  if  we  are  in  a  position  to  do  it, 
and  the  appointment  is  still  open. 

Mr.  PRESIDENT.  On  the  authority  of  Corlett  Downey's 
father  my  recollection  is  that  I  stated  to  the  convention  that 
he  could  not  serve  and  wished  to  be  excused  from  occupying- 
the  position.  I  suppose  that  the  action  of  the  convention  ac- 
cepting his  resignation  would  be  in  order,  and  the  election  of 
another  person  to  take  the  position.  I  understand  that  the 
communication  from  his  father  was  practically  a  resignation 
of  the  office  to  which*  he  was  elected. 

Mr.  POTTER.    I  move  that  his  resignation  be  accepted. 

GENTLEMAN  FROM  SWEETWATER.  I  second  the  mo- 
tion. 

Mr.  PRESIDENT.  It  is  moved  and  seconded  that  the  resig- 
nation of  Corlett  Downey  as  a  page  of  this  convention  be  ac- 
cepted. All  in  favor  of  the  motion  will  say  aye;  those  opposed 


PROCEEDINGS  AND  DEBATES. 


177 


no.  The  ayes  have  it  and  his  resignation  is  accepted.  The  po- 
sition is  now  open  to  be  filled  by  the  nomination  of  some  other 
person. 

Mr.  TOTTER.  I  nominate  Mr.  Fred  Hanpsmith  of  Chey- 
enne. 

Mr.  PRESIDENT.    Will  you  please  speak  the  name  again. 

Mr.  POTTER.    Fred  Haupsmith. 

Mr.  PRESIDENT.  Mr.  Fred  Haupsmith  is  named  for  the 
position  of  page.  Do  you  desire  to  take  a  ballot  upon  the  nom- 
ination or  declare  his  election  by  acclamation? 

Mr.  CONAWAY.  There  seems  to  be  no  other  nomination, 
so  I  move  that  Mr.  Haupsmith  be  elected  page  by  acclama- 
tion. 

Mr.  REID.    Second  the  motion. 

Mr.  PRESIDENT.  Moved  and  seconded  that  Mr.  Fred 
Haupsmith  be  declared  elected  page  by  acclamation.  All  in 
favor  of  the  motion  will  say  aye ;  those  opposed  no. 

Mr.  Haupsmith  stands  elected  as  page  of  this  convention. 

Mr.  CONAWAY.  Mr.  President,  as  there  seems  to  be 
nothing  before  the  convention,  and  I  don't  wish  to  make  a  mo- 
tion, but  ask  your  indulgence  for  a  moment  merely.  I  wish 
that  the  members  of  the  committee  on  judiciary  will  please 
remain  in  the  room  a  few  moments  after  adjournment  in  order 
that  we  may  make  some  arrangements  for  meeting  and  de- 
ciding what  place  to  meet  in.  I  don't  know  where  we  will 
meet,  but  if  they  will  remain  here  we  can  make  the  necessary 
arrangement. 

Mr.  JEFFREY.  Mr.  President,  I  would  make  the  same 
request  of  the  gentlemen  on  committee  No.  5. 

Mr.  MORGAN.  Committee  No.  2,  I  notified  most  of  them 
this  morning,  and  they  will  please  meet  after  adjournment 
in  this  room  for  a  moment. 

Mr.  JOHNSTON.  Committee  No.  8  are  requested  to  meet 
after  adjournment  in  the  room  to  the  right, 

GENTLEMAN  FROM  SWEETWATER.  I  wish  to  ask 
what  was  done  with  the  resolution  offered  by  Mr.  Jeff  ivy  this 
morning. 

Mr.  PRESIDENT.  It  was  referred  to  committee  No.  1, 
and  I  presume  the  committee  will  be  ready  to  report  on  that 
resolution  at  a  very  early  date. 

Mr.CONAWAY.  I  move  we  adjourn  until  ten  o'clock  to- 
morrow morning. 

Mr.  McCANDLTSH.    I  second  the  motion. 

Mr.  PRESIDENT.  It  is  moved  and  seconded  that  we  ad- 
journ until  ten  o'clock  to-morrow  morning.  All  in  favor  of 
the  motion  will  say  aye ;  those  opposed,  no.  The  ayes  have  it. 
The  convention  will  adjourn. 

12 — 


j^S  CONSTITUTIONAL  CONVENTION. 

SIXTH  DAY. 
MORNING  SESSION. 

Saturday,  Sept.  7th,  1880. 

Convention  assembled  at  ten  o'clock,  President  Brown  pre- 
siding. 

Mr.  PRESIDENT.    Convention  will  come  to  order. 

The  messenger  will  please  notify  the  committees  that  may 
be  in  session  in  the  committee  rooms  that  the  convention  is 
called  to  order. 

Prayer. 

Mr.  PRESIDENT.  The  assistant  secretary  will  please  call 
the  roll. 

Roll  call. 

Mr.  FOX.  Mr.  President,  I  have  here  the  report  on  the 
credentials  of  Mr.  Hopkins  of  Sweetwater  county.  The  com- 
mittee presents  it. 

Mr.  PRESIDENT.  I  believe  it  is  already  reported  that 
Mr.  Hopkins  is  entitled  to  a  seat  on  the  floor,  the  only  ques- 
tion now  is  to  his  being  sworn  in.  Is  Justice  Carroll  present, 
or  has  he  been  notified  to  appear? 

Mr.  MORGAN.    I  believe  he  has  been  telephoned  for. 

Mr.  PRESIDENT.  There  are  several  gentleman  absent, 
and  under  our  rules  they  should  be  excused.  Are  there  any 
absentees  who  have  not  been  excused? 

Mr.  HOLDEN.    Mr.  President. 

Mr.  PRESIDENT.    The  gentleman  from  Uinta,  Mr.  Holden. 

Mr.  HOLDEN.  I  wish  to  say  that  my  colleague,  Mr.  Foote, 
was  called  away  yesterday  very  unexpectedly. 

Mr.  PRESIDENT.  Mr.  Foote  of  Uinta,  Mr.  Clark  of  Al- 
bany and  Mr.  Vagner,  already  stand  excused.  Are  there  any 
other  absentees? 

Mr.  SMITH.    Mr.  Ferris  is  compelled  to  be  absent. 

Mr.  PRESIDENT.    Are  there  any  others? 

Mr.  HOLDEN.  I  move  that  Mr.  Foote  be  excused  until 
such  time  as  he  returns. 

Mr.  PRESIDENT.  Are  there  any  others  absent  who  have 
not  been  excused? 

SECRETARY.     None,  Mr.  President. 

Mr.  PRESIDENT.  Is  there  any  objection  that  these  gen- 
tlemen named  should  be  excused  until  they  shall  appear  next 
week?  There  seems  to  be  no  objection,  and  the  record  will 
show  that  they  are  excused. 

As  soon  as  Justice  Carroll  appears,  if  one  of  the  members 
of  the  convention  will  call  my  attention  to  his  presence  if  I 
should  happen  to  overlook  him,  Mr.  Hopkins  can  be  sworn  in. 


PROCEEDINGS  AND  DEBATES. 


179 


The  assistant  secretary  will  proceed  to  read  the  journal 
of  yesterday. 

(Beading  of  the  journal  of  the  fifth  day.) 

Mr.  PRESIDENT.  Are  there  any  corrections  to  be  made 
an  the  journal  of  yesterday?  The  chair  noticed  no  errors. 
The  record  will  stand  approved  as  read,  if  there  be  no  objec- 
tion. 

Mr.  CHAPLIN.  I  wish  to  notify  the  chair  of  the  presence 
of  Justice  Carroll. 

Mr.  COFFEEN.     Mr.  President. 

Mr.   PRESIDENT.     The    gentleman  from     Sheridan,    Mr. 
Coffeen. 

Mr.  COFFEEN.  I  was  going  to  raise,  the  question  con- 
cerning whether  these  outside  matters  need  be  put  bodily 
into  our  records.  It  seems  to  me  that  mention  might  be  made 
of  them,  but  it  does  not  seem  to  me  that  thfejy  need  be  put 
bodily  into  the  records. 

Mr.  PRESIDENT.  It  was  the  opinion  of  the  chair  that 
these  matters  should  riot  perhaps  be  read  from  the  journal, 
even  if  they  are  in  it.  It  is  hardly  necessary  to  trouble  the 
convention  to  listen  to  these  communications  from  time  to 
time,  wrhen  they  have  been  once  read  and  disposed  of  in  the 
convention.  There  are  some  communications,  perhaps,  which 
the  convention  might  order  spread  at  length  upon  the  record, 
and  they  would  then  become  a  part  of  it,  but  reference  in 
the  record  of  the  presentation  of  certain  letters  it  seems  to 
me  would  be  sufficient,  and  particularly  it  seems  to  me  where 
the  convention  lays  such  communications  on  the  table  in  a 
rather  summary  manner.  However,  these  communications 
have  been  incorporated  in  the  records,  they  have  been  read 
to  the  convention,  and  there  was  no  other  disposition  to  be 
made  of  them  without  some  motion  by  the  convention,  I  take 
it.  The  secretary  has  placed  them  on  the  record,  as  it  Is 
entirely  his  duty  to  do,  having  no  instructions  to  do  otherwise. 

Mr.  SMITH.  The  communication  referred  to  in  regard  to 
changing  the  name  of  Wyoming,  I  think  should  be  left  out. 
I  think  if  that  man  was  to  come  out  here  we  would  take  him 
out  on  the  Sweet  water.  I  therefore  move  that  that  part  be 
expunged  from  the  minutes. 

Mr.  RUSSELL.  I  ask  that  the  gentleman  speak  out  so 
we  can  hear.  We  can  not  hear  what  he  says. 

Mr.  HOYT.  If  I  am  not  out  of  order,  I  desire  to  suggest 
just  here  whether  it  would  not  be  well  in  cases  where  com- 
munications which  are  quite  lengthy  have  been  once  read  in 
the  hearing  of  the  convention,  would  it  not  be  sufficient  here- 
after in  reading  the  proceedings  of  the  day  previous,  to  sim- 
ply refer  to  them  under  some  heading  or  title.  It  strikes  me 
time  is  too  valuable  to  be  spent  in  reading  communications 
which  were  laid  on  the  table,  or  disposed  of  in  some  like 
manner;  it  seems  to  me  a  mere  reference  to  the  subject,  that 
it  has  been  laid  before  the  convention  would  be  sufficient. 


I  So  CONSTITUTIONAL  CONVENTION. 

Mr.  JEFFREY.  While  we  are  on  this  subject  I  may  as 
well  direct  attention  to  the  fact  already  referred  to  by  the  chair 
It  must  be  apparent  to  the  convention  that  the  secretary  la- 
bors under  considerable  difficulty.  He  cannot  decide  as  to 
what  documents  shall  be  spread  upon  the  journal  and  what 
shall  not.  I  think  that  should  all  be  covered  by  motion  or  reso- 
lution of  the  convention  itself,  to  the  effect  that  all  communi- 
cations from  the  outside  shall  be  referred  to  merely  in  the 
journal,  unless  ordered  spread  at  length  on  the  journal  by  the 
convention  itself.  It  would  relieve  the  secretary  of  a  great- 
deal  of  trouble,  and  I  believe  would  be  perfectly  satisfactory  to 
all.  At  the  proper  time  I  suppose  a  resolution  will  be  passed 
to  that  effect.  As  to  the  other  question  of  reading  these  docu- 
ments, hereafter  the  secretary  unless  otherwise  instructed  by 
the  convention  will  merely  refer  to  them  unless  the  reading  is 
called  for. 

Mr.  PRESIDENT.  This  was  not  intended  to  be  any  reflec- 
tion upon  the  secretary,  but  merely  an  inquiry  of  the  chair, 
and  a  suggestion  to  the  convention,  as  to  whether  we  could  not 
proceed  in  just  such  a  way  as  the  secretary.  I  do  not  suppose 
it  will  be  necessary  to  offer  a  resolution  to  that 'effect.  I  belive 
it  is  the  desire  of  the  convention  that  such  communications 
shall  not  be  spread  upon  the  journal  at  length  unless  so  ordered 
by  the  convention.  The  chair  will  so  hold  in  future,  and  unless 
the  convention  direct  otherwise  no  communication  shall  be 
spread  upon  the  journal  of  the  convention. 

Mr.  COFFEEN.  I  wish  to  ask  for  information.  That  will 
merely  refer  to  communications  received  from  the  outside? 

Mr.  PRESIDENT.  Yes.  Whenever  any  communication  is 
received  which  some  member  of  the  convention  desires  to  ap- 
pear at  length  upon  the  records,  he  wrill  only  have  to  say  so. 

Mr.  COFFEEN.  Mr.  President.  I  presume  that  matter  is 
now  well  understood  and  disposed  of.  I  would  call  the  atten- 
tion of  the  chair  to  the  fact  that  Justice  Carroll  is  now  in  the 
room  and  ready  to  swear  in  Mr.  Hopkins,  and  ask  the  unani- 
mous consent  that  he  be  at  once  sworn  in. 

Mr.  PRESIDENT.  Is  there  any  objection  or  changes  to  be 
made  in  the  record  as  it  now  stands?  If  not!  it  will  stand  ap- 
proved. The  chair  hears  no  objection  and  the  record  will 
stand  approved. 

Mr.  Justice  Carroll  if  present  will  please  come  forward  and 
administer  the  oath  to  Mr.  Hopkins,  of  Sweetwater. 

(Swearing  in  of  Mr.  Hopkins.) 

Mr.  PRESIDENT.  Mr.  Hopkins,  we  are  very  glad  to  have 
you  among  us  as  a  member  of  this  convention,  will  you  please 
take  your  seat. 

SECRETARY.  I  would  like  to  hear  the  order  of  the  con- 
vention in  regard  to  these  letters,  Mr.  President, 

Mr.  PRESIDENT.  The  records  stand  approved;  no  order 
was  made. 


PROCEEDINGS  AND  DEBATES.  r8i 

Gentlemen  of  the  convention,  the  sergeant-at-arms  informs 
me  that  be  has  received  from  the  librarian  a  sufficient  number 
<)f  copies  of  the  Revised  Statutes  to  supply  each  and  every 
member.  If  there  is  anyone  who  has  not  received  a  copy  of 
the  Revised  Statutes  they  can  get  it  at  any  time  by  calling  on 
the  sargeant-at-arms,  who  will  be  glad  to  deliver  them. 

I  have  a  communication  from  Ex-Secretary  Shannon,  offer- 
ing thanks  to  the  convention  for  their  kindness  in  offering  him 
a  seat  upon  the  floor.  The  secretary  may  read. 

Cheyenne/ Wyo.,  Sept.  6,  1889. 
My  Dear  Sir: 

I  have  the  pleasure  of  acknowledging  the  receipt  of  a  noti- 
fication that  the  honorable  body  over  which  you  preside  ex- 
tends to  me  the  "privileges  of  the  floor." 

I  cordially  appreciate  the  courtesy,  feelin  an  earnest  inter- 
est in  the  work  before  it. 

God  guide,  speed  and  crown  with  happy  fruition  the  labors 
of  Wyoming's  constitutional  convention. 

Very  respectfully, 

S.  D.  SHANNON. 
To  HON.  M.  C.  BROWN. 

Mr.  PRESIDENT.  I  have  also  received  from  Mr.  John  T. 
Tit  comb,  deputy  state  engineer  of  Colorado,  copies  of  his  fourth 
biennial  report.  He  sends  them  to  the  convention  with  his 
compliments,  for  the  use  of  the  convention.  It  is  a  report  upon 
irrigation;  there  are  extensive  maps  and  they  may  be  of  great 
use  to  the  committee  on  irrigation.  I  have  them  upon  my  desk 
and  the  convention  can  make  such  disposition  of  them  as  they 
choose. 

Mr.  REID.  I  move  that  we  receive  them  and  that  the 
thanks  of  this  convention  be  sent  to  Mr.  Titcomb. 

Mr.  COFFEEN.  I  would  second  the  motion,  with  this 
amendment,  "and  referred  to  the  committee  on  irrigation, 
where  they  properly  belong." 

Mr.  PRESIDENT.  Gentlemen,  the  motion  is  that  they  be 
received,  referred  to  the  committee  on  irrigation,  and  that  the 
thanks  of  this  convention  be  tendered  Mr.  Titcomb  for  his 
kindness  in  sending  these  records  to  us.  Are  you  ready  for  the 
question?  All  in  favor  of  the  motion  will  say  aye;  those  op- 
posed no.  The  ayes  have  it,  the  motion  is  carried. 

Mr.  BAXTER.    Mr.  President. 

Mr.  PRESIDENT.  The  gentleman  from  La  ramie,  Mr.  Bax- 
ter. 

Mr.  BAXTER.  I  find  upon  my  desk  a  copy  of  this  morn- 
ing's Leader,  and  I  also  see  the  other  members  of  the  conven- 
tion are  supplied.  I  am  informed  that  it  is  the  intention  of 
Mr.  John  F.  Carroll  to  compliment  the  convention  during  its 
sittings  by  supplying  each  member  daily  with  a  copy  of  the 
Leader.  I  move  that  the  thanks  of  this  convention  be  extended 
to  Mr.  Carroll  for  the  courtesv  extended. 


lS2  CONSTITUTIONAL  CONVENTION. 

Mr.  HOYT.    I  second  the  motion. 

Mr.  PRESIDENT.    The  gentleman  from  Johnson. 

Mr.  P.URRITT.  I  simply  rose  to  second  the  motion,  Mr. 
President. 

Mr.  .PRESIDENT.  It  is  moved  and  seconded  that  the 
thanks  of  this  convention  be  tendered  to  Mr.  Carroll,  of  the 
Leader,  for  his  kindness  in  supplying  each  and  every  member 
of  the  convention  with  a  copy  of  the  Leader.  Are  you  ready 
for  the  question?  All  in  favor  of  the  motion  will  say  aye; 
those  opposed  no.  The  ayes  have  it  and  the  motion  prevails 
that  the  thanks  of  this  convention  be  tendered  Mr.  Carroll  for 
his  kindness  and  courtesy. 

P»y  vote  of  the  convention  yesterday  the  special  order  of 
today  was  the  presentation  of  resolutions,  propositions,  etc. 
The  only  order  named  in  our  rules  in  the  regular  order  of  busi- 
ness for  the  day  is  the  presentation  of  petitions  and  memo- 
rials. Under  that  head  the  chair  takes  it  propositions  and 
resolutions  may  also  be  presented.  Under  this  general  head 
perhaps  we  may  proceed  with  the  special  order  at  this  tune, 
and  receive  propositions. 

Mr.  BAXTER.  I  have  several  propositions  which  I  wish 
the  clerk  to  read. 

Mr.  POTTER.    I  have  some  propositions  to  submit. 

Mr.  GRANT.    I  have  some  Dispositions. 

Mr.  TESCHEMACHER.    I  have  a  proposition  to  submit, 

Mr.  PALMER.    I  have  some  propositions  to  submit. 

Mr.  BURDICK.    I  have  two  propositions  to  submit, 

Mr.  FOX.    I  have  a  couple  of  propositions  to  submit. 

Mr.  PRESIDENT.  Are  there  any  further  propositions  or 
resolutions;  any  memorials  or  petitions  to  be  offered? 

Mr.  MORGAN.  If  there  is  no  other  business  under  the 
head  of  resolutions,  memorials,  etc.,  to  be  attended  to,  I  pre- 
sume any  unfinished  business  or  resolutions  offered  would 
properly  come  up.  The  gentleman  from  Albany.  Mr.  Hoyt, 
offered  a  resolution  yesterday. 

Mr.  HOYT.  Yes,  a  resolution  for  the  increasing  of  Commit- 
tee No.  10. 

Mr.  PRESIDENT.  I  have  the  resolution  before  me  and  it 
will  be  taken  up  for  action.  Perhaps  we  may  proceed  with  it 
now. 

Mr.  TESCHEMACHER,  Are  we  working  under  the  spe- 
cial order? 

Mr.  PRESIDENT.    We  are. 

Mr.  TESCHEMACHER.  I  judge  then  that  my  colleague's 
motion  is  out  of  order. 

Mr.  MORGAN.    Is  it  not  a  resolution? 
Mr.  TESCHEMACHER.     I  would  like  to  state  my  point. 
This  is  an  amendment  to  the  rules.     It  might  cause  a  great 
of  discussion,  and  take  up  our  entire  morning  here.    We 


PROCEEDINGS  AND  DEBATES.  185 

have  made  the  special  order  of  the  day  the  receiving  of  propo- 
sitions and  resolutions,  and  I  think  we  ought  to  follow  it  up. 

Mr.  PRESIDENT.  That  is  the  understanding  of  the  chair, 
and  the  point  is  well  taken.  I  simply  intended  to  announce 
to  the  convention  that  this  resolution  would  come  up  in  its 
regular  order,  when  the  proper  timej  arrived,  inasmuch  as  we 
have  made  the  receiving  of  propositions  the  special  order  of  the 
day,  I  think  we  had  better  adhere  to  that.  As  there  seems  to 
be'no  further  propositions  to  be  sent  up  at  this  time,  the  clerk 
will  begin  to  read  in  the  order  they  were  presented. 

Mr.  HOYT.  I  understood  resolutions  might  be  presented 
as  well  as  propositions,  in  regard  to  the  constitution. 

Mr.  PRESIDENT.  The  special  order  was  for  the  presen- 
tation of  resolutions  and  propositions  for  the  constitution. 
The  clerk  will  read. 

SECRETARY.    By  Mr.  Baxter: 

Concerning  the  oath  to  be  required  of  all  civil  officers. 

Every  civil  officer,  except  members  of  the  general  assem- 
bly, shall,  before  he  enters  upon  the  duties  of  his  office,  and  at 
the  time  of  qualifying  for  the  same,  take  and  subscribe  an  oath 
or  affimation,  to  support  the  constitution  of  the  United  States 
and  of  the  state  of  Wyoming,  and  to  faithfully  discharge  the 
duties  of  the  office  upon  which  he  is  about  to  enter,  to  the  best 
of  his  skill  and  ability,  and  that  he  has  not  directly  or  indirect- 
ly, by  bribery,  the  corrupt  use  of  money,  menace,  promise  of 
reward,  or  other  corrupt  means  or  devices  whatsoever,  sought 
or  secured  his  election  or  appointment  to  said  office. 

Every  member  of  the  general  assembly  shall  before  he 
enters  upon  the  duties  of  his  office  take  a  like  oath  or  affima- 
tion, the  same  to  be  administered  to  him  in  the  hall  of  the 
house  to  which  he  shall  have  been  elected. 

Any  civil  officer  or  member  of  the  general  assembly  having 
taken  the  oath  or  affimation  herein  required  of  him  who  shall 
be  found  guilty  of  having  sworn  or  affimed  falsely  in  that  re- 
spect and  convicted  thereof  shall  be  deemed  guilty  of  perjury 
and  punished  by  imprisonment  at  hard  lalbor  in  the  state  pen- 
itentiary for  a  period  of  not  less  than  one  year  nor  more  than 
ten  years  and  by  a  fine  of  not  less  than  one  thousand  dollars 
nor  more  than  ten  thousand  dollars,  and  forever  thereafter 
shall  be  disqualified  from  holding  any  office  of  trust  or  profit 
in  this  state. 

Mr.  PRESIDENT.    Is  there  any  motion? 

Mr.  POTTER.  I  move  that  it  be  referred  to  the  printing 
committee  and  ordered  printed. 

Mr.  BAXTER.  I  do  not  rise  to  second  the  motion.  I  simp- 
ly want  to  ask  what  the  printing  committee  propose  to  do  with 
it.  I  want  to  see  that  it  gets  into  the  hands  of  the  proper  com- 
mittee. I  think  it  is  a  matter  of  great  importance. 

Mr.  PRESIDENT.  Rule  25  reads  as  follows:  "Every  peti- 
tion and  memorial  shall  be  referred  on  motion  without  putting 


184  CONSTITUTIONAL  CONVENTION. 

the  questiop  tor  that  purpose  unless  the  reference  be  objected 
to  by  a  member  at  the  time  of  its  presentation.  No  petition  or 
memorial  or  other  matter  shall  be  printed  without  the  special 
order  of  the  convention/' 

Nmv  T  suppose  this  proposition  might  be  referred  to  its 
proper  committee,  and  at  the  same  time,  by  motion,  ordered 
printed  It  would  then  go  into  the  hands  of  the  printing  com- 
mittee for  printing,  and  at  the  same  time  would  be  returned 
by  them  to  the  proper  committee  to  which  it  was  referred  by 
the  convention. 

Mr.  POTTER.  That  is  satisfactory  to  me.  I  had  no  wish 
of  delaying  action.  My  idea  was  simply  this.  There  are  a 
great  many  of  these  propositions,  some  of  which  perhaps  are 
quite  important,  and  we  cannot  keep  track  of  them.  There 
may  be  several  propositions  bearing  upon  the  same  question, 
and  unless  printed  we  cannot  remember  them.  That  is  my 
idea. 

Mr.  FOX.  I  think  the  proper  way  to  handle  these  proposi- 
tions is  to  hove  them  all  printed.  There  is  no  gentleman  here 
wbo  presents  a  resolution  for  adoption  into  this  constitution 
but  wants  to  see  it  again,  and  unless  they  are  printed  I  don't 
see  how  we  can  keep  track  of  them.  I  think  under  the  rules 
they  will  have  to  be  printed. 

Mr.  PRESIDENT.  I  would  remind  the  gentleman  of  our 
rules  as  to  the  reference  of  propositions.  The  rule  is  this. 
(Rule  25.)  That  is  the  rule  and  under  that  rule  we  must  work 
unless  we  amend  it.  The  Question  is  now  on  the  motion  to 
print.  Has  any  other  committee  been  named  to  which  it 
should  be  referred?  The  chair  is  in  doubt  as  to  the  appropri- 
ate committee.  This  does  not  refer  to  the  qualifications  of  offi- 
cers, I  take  it,  at  all,  and  it  is  not  specially  a  matter  to  go  to 
the  committee  on  elections.  It  might  perhaps  go  to  the  com- 
mittee on  public  morals.  Are  there  any  suggestions  as  to  its 
reference? 

Mr.  PALMER.  I  would  suggest,  on  looking  over  the  Mon- 
tana constitution,  that  it  figures  there  under  the  head  of  mis- 
cellaneous subjects. 

Mr.  POTTER.  I  was  about  to  suggest  miscellaneous  sub- 
jects. 

Mr.  PRESIDENT.  I  do  not  remember  the  number  of  the 
committee  on  miscellaneous  subjects,  but  believe  it  is  No.  18. 
Is  there  any  objection  to  its  being  referred  to  No.  18? 

Mr.  SMITH.  It  occurs  to  me,  that  it  should  be  referred  to 
the  committee  on  qualifications  to  office,  for  this  reason,  that 
that  committee  in  making  what  provisions  they  shall  as  to 
qualifications  for  office  will  naturally  provide  for  these  things, 
and  it  seems  to  me  proper  that  it  should  go  into  the  hands  of 
Hint  committee. 

Mr.  PRESIDENT.  Is  there  a  second  to  the  motion  to 
refer  to  tlie  committee  on  elections  and  qualifications  to  office, 
No.  5? 


PROCEEDINGS  AND  DEBATES. 


1*5 


Mr.  BAXTER,     Second  the  motion. 

Mr.  PRESIDENT.  It  will  be  so  referred  without  putting 
the  motion,  if  there  is  no  objection.  The  chair  hears  none,  and 
it  is  so  referred.  Referred  to  Committee  No.  5.  The  assist- 
ant secretary  will  please  read. 

SECRETARY.  By  Mr.  Baxter.  File  No.  24,  concerning  the 
attorney  general. 

The  attorney  general  of  Wyoming  shall  be  the  reporter  of 
the  decisions  of  the  supreme  court  of  the  state. 

Mr.  PRESIDENT.  The  chair  is  in  doubt  as  to  whether  an 
attorney  general  will  be  provided  for  by  the  constitution.  How- 
ever, if  there  is,  I  suppose  he  will  come  under  the  head  of  one 
of  the  executive  officers  in  the  exercise  of  his  duty.  It  would 
seem  to  the  chair  this  would  properly  belong  to  the  committee 
on  executive  department.  Is  there  a  desire  to  refer  it  to  any 
other  committee? 

Mr.  BAXTER.  I  would  suggest  thai  it  be  referred  to  the 
.judiciary  committee,  as  it  pertains  to  the  supreme  court.  This 
may  not  ordinarily  be  a  part  of  the  duties  of  xhe  attorney 
general,  but  the  duties  which  I  propose  to  impose  upon  him 
are  in  connection  with  the  supreme  court,  and  I  therefore 
think  it  should  be  referred  to  the  judiciary  committee. 
Mr.  MORGAN.  Second  the  motion. 

Mr.  PRESIDENT.  The  motion  is  to  refer  to  Committee 
No.  4,  judicia^.  The  chair  hears  no  objection,  and  it  is  so 
referred. 

SECRETARY.    No.  25,  by  Mr.  Baxter. 
Concerning  female  suffrage. 

The  right  of  citizens  of  the  state  of  Wyoming  to  vote  and 
liold  office  shall  not  be  denied  or  abridged  on  account  of  sex. 
Both  male  and  female  citizens  of  this  state  shall  equally  enjoy 
all  civil,  political  and  religious  righ/  <?  and  privileges. 

Mr.  PRESIDENT.  The  proposition  will  be  referred  to  Com- 
mittee No.  5,  on  elections,  right  of  suffrage,  etc.,  unless  it  is 
otherwise  ordered  by  the  convention.  Is  there  any  sugges- 
tion as  to  the  reference  of  this  matter?  The  chair  hears  none, 
and  it  is  referred  to  No.  5. 
The  secretary  will  read. 

SECRETARY.  No.  26,  by  Mr.  Baxter,  forbidding  the  im- 
proper use  of  public  funds. 

The  making  of  profit,  directly  or  indirectly,  out  of  state, 
county,  city,  town,  school  district  or  other  public  moneys,  or 
using  ihe  same  for  any  purpose  not  expressly  authorized  by 
law,  by  any  public  officer,  shall  be  deemed  a  felony,  and  any 
public  officer  who  shall  be  convicted  of  such  felony  shall  be 
punished  by  imprisonment  in  the  state  penitentiary  for  a  term 
of  not  less  than  one  year  nor  more  than  ten  years  at  hard 
labor,  and  by  a  fine  of  not  less  than  one  thousand  dollars  nor 
more  than  ten  thousand  dollars.  Such  fine  in.iv  be  enforced 


lS6  CONSTITUTIONAL  CONVENTION. 

by  suit  at  law  against  the  bondsmen  of  such  public  officer 
so  found  guilty. 

Mr.  PRESIDENT.  To  what  committee  will  you  have  this 
matter  referred,  gentlemen  of  the  convention?  There  are  sev- 
eral that  it  might  go  to. 

Mr.  SMITH.  I  move,  Mr.  President,  it  be  referred  to  No. 
7,  committee  on  public  morals. 

Mr.  PRESIDENT.    Is  there  a  second? 

Mr.  POTTER.  I  move  it  be  referred  to  committee  No.  lly 
taxes,  revenue  and  public  debt. 

Mr.  TESCHEMACHER.     Second  the  motion. 

Mr.  PRESIDENT.  It  is  moved  that  this  matter  be  re- 
ferred to  committee  No.  11.  Our  rules  provide  that  where 
a  motion  or  suggestion  is  made  as  to  the  reference  of  a  prop- 
osition, it  may  be  so  referred  by  the  chair,  if  there  is  no  objec- 
tion made.  Is  there  any  objection  to  referring  this  matter 
to  No.  11?  The  chair  hears  none,  and  it  is  so  referred.  The 
clerk  will  read. 

SECRETARY.    No.  27,  by  Mr.  Potter,  concerning  taxation. 

Paragraph  1.  The  property,  real  and  personal,  of  the  state, 
counties,  cities,  towns  and  other  municipal  corporations  and 
public  libraries  shall  be  exempt  from  taxation. 

Par.  2.  Ditches,  canals  and  flumes  owned  and  used  by  in- 
dividuals or  corporations  for  irrigating  lands  owned  by  such 
individuals  or  corporations  or  the  individual  members  thereof, 
shall  not  be  separately  taxed  so  long  as  they  slnill  be  OA\ned 
and  used  by  such  owners  exclusively  for  such  purposes. 

Mr.  PRESIDENT.  The  last  proposition  will  be  referred  to 
committee  No.  11.  on  taxation,  revenue  and  public  debt,  un- 
less the  convention  otherwise  order.  Is  there  objection  to 
its  being  so  referred?  The  chair  hears  none,  and  it  is  so  re- 
ferred to  No.  11. 

SECRETARY.  No.  28,  by  Mr.  Potter,  concerning  public 
schools. 

Par.  1.  The  legislature  may  require,  by  law,  that  every 
child  of  sufficient  mental  and  physical  ability  shall  attend 
public  schools  during  the  period  between  the  ages  of  six  and 
eighteen  years,  for  a  time  equivalent  to  three  years,  unless 
educated  by  other  means. 

Par.  2.  Neither  the  legislative  assembly  nor  the  state 
board  of  education  nor  the  superintendent  of  public  instruc- 
tion shall  have  power  to  prescribe  text  books  to  be  used  in 
the  public  schools,  and  make  the  use  of  such  text  books  ex- 
clusive or  obligatory. 

Mr.  PRESIDENT.  This  proposition  will  be  referred  to  com- 
mittee No.  7,  on  education,  unless  otherwise  ordered.  Is  there 
objection  to  this  being  so  referred?  There  being  none  it  is- 
so  ordered,  Mr.  Secretary.  The  secretary  will  read. 

SECRETARY.    No.  29,  by  Mr.  Potter. 


PROCEEDINGS  AND  DEBATES.  187 

Par.  1.  No  elector  shall  be  deemed  to  have  lost  his  resi- 
dence in  this  state  by  reason  of  his  absence  on  business  of 
the  United  States  or  of  this  state,  or  in  the  military  or  naval 
service  of  the  United  States. 

Par.  2.  No  soldier,  seaman  or  marine  in  the  army  or  navy 
of  the  United  States  shall  be  deemed  a  resident  of  this  state 
in  consequence  of  his  being  stationed  therein. 

Mr.  PRESIDENT.  To  what  committee  will  you  have  this 
last  referred,  gentlemen?  It  might  go  to  the  judiciary  com- 
mittee. 

Mr.  POTTER.  I  would  suggest  that  it  should  go  to  the 
committee  on  elections,  rights  of  suffrage,  etc.  It  bears  upon 
that  question  it  seems  to  me.  I  had  in  view  the  right  of  vot- 
ing at  the  time  I  introduced  the  proposition. 

Mr.  PRESIDENT.  Is  there  objection  to  this  proposition 
being  referred  to  committee  No.  5  on  elections  and  right  of 
suffrage?  The  chair  hears  none  and  it  so  ordered. 

SECRETARY.  No.  30,  by  Mr.  Potter,  concerning  the  power 
of  the  legislative  assembly  to  pass  local  or  special  laws. 

Par.  1.  The  legislative  assembly  shall  not  pass  local  or 
special  laws  in  any  of  the  following  enumerated  cases: 

1.  Granting  a  divorce  or  divorces. 

2.  Locating  or  changing  county  seats. 

3.  Declaring  any  person  of  age. 

4.  Incorporation  of  cities,  towns  or  villages,  or  chang- 
ing or  amending  the  charter  of  any  town,  city  or  village. 

5.  Restoring  to  citizenship  persons  convicted  of  infamous 
crimes  or  felonies. 

6.  Changing  the  names  of  persons  or  places. 

7.  Providing  for  changes  of  venue  in  civil  or  criminal 
cases. 

8.  For  punishment  of  crimes  or  misdemeanors. 

9.  Changing  the  law  of  descent. 

10.  Providing  for  the  management  of  public  schools. 

11.  Providing  for  the  management  of  public  schools. 

12.  The  opening  and  conducting  of  any  election  or  desig- 
nating the  place  of  voting. 

13.  Summoning  and  impannoling  grand  or  petit  juries. 

14.  Laying  out,   opening,   altering  or  working  roads  or 
highways. 

15.  Vacating  roads,  town  plats,  streets,  alleys  and  public 
grounds. 

16.  Regulating  the  practice  in  courts  of  justice. 

17.  Regulating  the  jurisdiction  and  duties  of  justices  of 
the  peace,  police  magistrates  and  constables. 

18.  Regulating  county  and  township  affairs. 

U*.  For  the  assessment  and  collection  of  taxes  for  ter- 
ritorial, county  or  other  purposes. 


iSS  CONSTITUTIONAL  CONVENTION. 

20.  Creating,  increasing,  or  decreasing  fees,  percentage 
or  allowances  of  public  officers  during  the  term  for  which 
said  officers  are  elected  or  appointed. 

21.  Granting  to  any  corporation,  association  or  individual, 
the  right  to  lay  down  railroad  tracks,  or  amending  existing 
t 'liar tors  for  such  purpose. 

22.  Granting  to  any  corporation,  association  or  individ- 
ual, any  special  or  exclusive  privilege,  immunity  of  franchise 
whatever. 

23.  Legalizing;,  except  as  against  the  state,  the  unauthor- 
ized or  invalid  act  of  any  public  officer, 

Par.  2.  In  all  other  cases  where  a  general  law  can  jb^i 
made  applicable,  no  special  law  shall  be  enacted;  nor  shall  the 
legislative  assembly  indirectly  enact  such  special  or  local  law 
by  the  partial  repeal  of  a  general  law;  but  laws  repealing 
local  or  special  acts  may  be  passed. 

Mr.  PRESIDENT.  Is  there  any  motion  or  suggestion  as 
to  the  reference  of  this  proposition?  There  is  a  good  deal 
in  it  that  might  properly  go  to  the  judiciary  committee,  but 
I  think  it  more  properly  belongs  to  the  committee'  on  legis- 
lative department.  Is  there  objection  to  such  reference?  The 
chair  hears  none,  and  it  is  so  referred  to  committee  No.  2. 

SECRETARY.  No.  31,  by  Mr.  Grant,  proposition  in  rela- 
tion to  railroads  and  telegraphs. 

Section  1.  Any  railroad  corporation  or  association  organ- 
ized for  the  purpose,  shall  have  the  right  to  construct  and 
operate  a  railroad  between  any  points  within  this  state  and 
to  connect  at  the  state  line  with  railroads  of  other  states. 
Every  railroad  shall  have  the  right  with  its  road  to  intersect, 
connect  with  or  cross  any  other  railroad  and  shall  receive  and 
transport  each  other's  passengers,  tonnage  and  cars,  loaded 
or  empty,  without  delay  or  discrimination. 

Sec.  2.  Railroads  heretofore  constructed  or  that  may  here- 
after be  constructed  in  this  state  are  hereby  declared  public 
highways  and  railroad  companies  common  carriers. 

Sec.  3.  Every  railroad  corporation  or  association  opera- 
ing  a  line  of  railroad  within  this  state  shall  annually  make  a 
report  to  the  auditor  of  the  state  of  the  amount  of  its  business 
within  this  state. 

Sec.  4.  Exercise  of  the  power  and  right  of  eminent  do- 
main shall  never  be  so  construed  or  abridged  as  to  prevent 
the  taking  by  the  legislature  of  the  property  and  franchises 
of  incorporated  companies  and  subjecting  them  to  public  use 
the  same  as  the  property  of  individuals. 

Sec.  5.  Neither  the  state  nor  any  county,  township,  school 
district  or  municipality  shall  loan  or  give  its  credit  or  make 
donations  to  or  in  aid  of  any  railroad  or  telegraph  line;  pro- 
vided, that  this  section  shall  not  apply  to  obligations  of  any 
county,  city,  township,  school  district,  contracted  prior  to  the 
adoption  of  this  constitution. 


PROCEEDINGS  AND  DEBATES. 


180 


Sec.  6.  No  railroad  or  other  transportation  company  In, 
existence  upon  the  adoption  of  this  constitution  shall  derive 
the  benefit  of  any  future  legislation  without  first  filing  in  the 
office  of  the  secretary  of  state  an  acceptance  of  the  provisions, 
of  this  constitution. 

Sec.  7.  No  street  railroad  shall  be  constructed  within  any 
city,  town  or  incorporated  village  without  the  consent  of  the 
local  authorities  having  control  of  the  streets  and  highways 
proposed  to  be  occupied  by  such  street  railroad. 

Sec.  8.  Any  association,  corporation  or  lessee  of  the  fran- 
chises thereof  organized  for  the  purpose  shall  have  the  right 
to  construct  and  maintain  lines  of  telegraph  within  this  state 
and  to  connect  the  same  with  other  lines. 

Sec.  9.  No  foreign  railroad  or  telegraph  line  shall  do  any 
business  within  the  state  without  having  an  agent  or  agents 
within  each  county  through  which  such  railroad  or  telegraph 
line  shall  be  constructed  upon  whom  process  may  be  served. 

Mr.  PRESIDENT.  If  there  is  no  objection/ gentlemen  of 
the  convention,  this  will  be  referred  to  committee  No.  14,. 
railroads  and  telegraph  lines.  The  chair  hears  no  objection,, 
and  it  is  so  referred. 

SECRETARY.  No.  32,  by  Mr.  Teschemacher,  concerning 
qualifications  of  electors. 

Par.  1.  No  person  shall  be  deemed  a  qualified  elector  of 
this  state,  unless  he  be  a  citizen  of  the  United  States. 

Par.  2.  No  person  who  is  under  guardianship,  non  compos 
mentis,  or  insane  shall  be  qualified  to  vote  at  any  election,  nor 
shall  any  person  convicted  of  treason  or  felony  unless  restored 
to  civil  rights. 

Mr.  PRESIDENT.  This  proposition  will.be  referred  to  com- 
mittee No.  5,  on  elections,  right  of  suffrage,  and  qualifications 
to  office,  unless  otherwise  ordered.  Is  there  any  objection 
that  it  be  so  referred?  The  chair  hears  none,  it  is  so  referred. 

SECRETARY.  File  No.  33,  by  Mr.  Palmer,  concerning  ex- 
emptions. 

"That  there  be  a  clause  inserted  in  said  proposed  constitu- 
tion prohibiting  the  exemption  from  taxation  of  any  property 
save  that  of  the  United  States  of  America,  the  State  of  Wyo- 
ming, and  that  of  corporations  in  their  native  municipal." 

Mr.  PRESIDENT.  This  will  be  referred  to  Committee  No. 
11,  on  taxation,  revenue,  and  public  debts,  unless  otherwise 
ordered.  Is  there  objection  to  its  being  so  referred?  The 
chair  hears  none,  and  it  is  so  referred. 

SECRETARY.  File  No.  34,  by  Mr.  Bui-dick,  the  governor 
shall  be  commander-in- chief  of  the  militia. 

Mr.  PRESIDENT.  If  the  convention  does  not  otherwise 
order,  this  proposition  will  be  referred  to  Committee  No.  16, 
federal  relations,  public  lands  and  military  affairs.  Is  there 
objection  to  the  matter  being  so  referred?  The  chair  hears 
none  and  it  is  so  ordered. 


j^O*  CONSTITUTIONAL  CONVENTION. 

SECRETARY.  No.  35,  by  Mr.  Burdick,  irrigation  commis- 
sioners. 

Section  1.  That  a  clause  be  introduced  into  the  proposed 
constitution  providing  for  the  establishment  of  a  state  board 
of  irrigation  commissioners,  composed  of  four  division  super- 
intendents and  the  state  engineer. 

Sec.  2.  That  the  duties  of  said  board  of  commissioners  shall 
be  a  general  supervision  of  the  appropriation,  distribution  and 
division  of  the  waters  of  the  state. 

Sec.  3.  That  all  waters  within  the  boundaries  of  the  state 
are  the  property  of  the  state. 

Mr.  PRESIDENT.  If  the  convention  does  not  otherwise 
order,  this  proposition  will  be  referred  to  Committee  No.  8, 
agriculture,  irrigation  and  water  rights.  Is  there  objection  to 
this  being  so  referred?  The  chair  hears  none,  and  it  is  so 
ordered. 

The  clerk  will  read. 

SECRETARY.     No.  36,  by  Mr.  Fox,  state  militia. 

Section  1.  The  militia  of  the  state  shall  consist  of  all  able 
bodied  male  citizens  of  the  state  between  the  ages  of  eighteen 
and  forty -five  years,  except  such  as  are  exempted  by  the  laws 
of  the  United  States  or  of  the  state.  But  all  such  citizens  hav- 
ing scruples  of  conscience  averse  to  bearing  arms  shall  be  ex- 
cused therefrom  upon  such  conditions  as  shall  be  prescribed 
by  law. 

Sec.  2.  Volunteer  organizations  of  infantry,  cavalry,  artil- 
lery or  other  service  may  be  formed  in  such  manner  and  under 
such  restrictions  and  with  such  privileges  as  may  be  provided 
by  law,  which  shall  conform  as  near  as  practicable  to  the  reg- 
ulations for  the  armies  of  the  United  States. 

Sec.  3.  The  governor  shall  be  commander -in-chief  and  shall 
have  power  to  call  out  the  militia  to  preserve  the  public  peace 
to  execute  the  laws  of  the  state,  to  suppress  insurrection  or 
repel  invasion. 

Mr.  PRESIDENT,.  Unless  the  convention  otherwise  order, 
this  proposition  will  be  referred  to  Committee  No.  16,  on  fed- 
eral relations  and  military  affairs.  Is  there  objection  to  its 
being  so  referred?  The  chair  hears  none  and  it  is  so  ordered 
referred  to  Committee  No.  16. 

Mr.  COFFEEN.     Mr.  President. 

Mr.  PRESIDENT.  The  gentleman  from  Sheridan,  Mr.  Cof- 
feen. 

Mr.  COFFEEN.  While  we  are  on  this  order  of  business,  I 
desire  to  offer  a  resolution  touching  railroad  corporations,  and 
also  one  on  corporations  in  general. 

Mr.  TESCHEMACHER.  I  have  another  resolution  to  offer, 
also,  Mr.  President. 

Mr.  PRESIDENT.  The  gentleman  from  Laramie  offers  a 
resolution. 

The  clerk  will  proceed  to  read  the  propositions  just  offered. 


PROCEEDINGS  AND  DEBATES.  !9, 

SECRETARY.  No.  37,  by  Mr.  Coffeen,  on  railroad  corpo- 
Tations. 

That  to  further  protect  present  cities,  towns  and  interests 
from  improper  interference,  no  railroad  corporation  doing  busi- 
ness in  this  state  shall  directly  or  through  its  stockholders 
or  agents  be  interested  financially  in  laying  out  any  town  site 
or  any  addition  to  any  existing  town  or  city  or  in  the  business 
of  selling  and  disposing  of  town  lots  within  this  state,  nor  shall 
any  such  corporation  construct  or  operate  a  railroad  within 
four  miles  of  any  existing  town  or  city  without  providing  there- 
for suitable  depots  or  stopping  places. 

Mr.  PRESIDENT.  This  proposition  will  be  referred  to 
Committee  No.  14,  railroads  and  telegraph  lines,  unless  other- 
wise ordered  by  the  convention.  Is  there  objection  to  its  be- 
ing so  referred?  The  chair  hears  none  and  it  is  so  ordered. 
The  clerk  will  read. 

SECRETARY.     No.  38,  by  Mr.  Coffeen,  on  corporations. 

Section  1.  That  no  corporation  shall  be  created  by  special 
laws  or  its  charter  extended,  changed  or  amended,  except  those 
for  charitable,  educational,  penal  or  reformatory  purposes 
which  are  to  be  and  remain  under  the  patronage  and  control 
of  the  state. 

Sec.  2.  That  the  legislature  shall  provide  by  general  laws 
for  the  orpanization  of  all  corporations  hereafter  to  be  created, 
and  provide  that  every  stockholder  shall  have  the  right  to  vote 
in  person  or  by  proxy  for  the  number  of  shares  of  stock  owned 
by  him  for  as  many  persons  as  there  are  directors  or  managers 
to  be  elected  or  he  may  cumulate  all  votes  to  which  he  may  be 
entitled  in  favor  of  one  candidate  or  divide  them  among  the 
candidites  as  he  may  deem  best  for  the  protection  of  his  inter- 
ests. 

Sec.  3.  That  no  franchise  or  charter  granted  to  any  cor- 
poration, doing  business  in  this  state  shall  be  construed  as  a 
contract  between  the  state  and  said  corporation,  but  that  the 
legislature  of  this  state  shall  have  power  to  alter  and  amend 
and  for  violation  of  law  to  annul  any  franchise  or  charter 
granted  to  any  corporation  whenever  in  their  opinion  the  rights 
of  the  citizens  or  the  public  welfare  may  require  it. 

Sec.  4.  That  no  corporation  shall  have  power  to  engage  in 
more  than  one  general  line  or  department  of  business  which 
single  line  of  business  shall  be  distinctly  specified  in  its  charter 
of  incorporation. 

Mr.  PRESIDENT.  Gentlemen  of  the  convention,  the  last 
proposition  will  be  referred  to  Committee  No.  13,  on  corpora- 
tions, unless  otherwise  ordered  by  the  convention.  Is  there 
objection  to  its  being  so  referred?  The  chair  hears  no  objec- 
tion, and  it  is  so  referred  to  Committee  No.  13. 

Are  there  any  other  propositions,  Mr.  Secretary? 

SECRETARY.  No.  39,  by  Mr.  Teschemacher,  all  elections 
by  the  people  must  be  by  ballot. 


I92 


CONSTITUTIONAL  CONVENTION 


An  absolutely  secret  ballot  is  hereby  guaranteed  and  it 
shall  be  the  duty  of  the  legislature  to  enact  such  laws  as  shall 
carry  this  section  into  effect. 

Mr.  PRESIDENT.  This  proposition  will  be  referred  to 
Committee  No.  5  unless  otherwise  ordered  by  the  convention. 
Is  there  objection  to  its  being  so  referred?  The  chair  hears 
none  and  it  is  so  ordered. 

Are  there  any  further  propositions  ? 

Let  me  sugest  now  to  the  members  of  the  convention,  if 
they  desire  these  several  propositions  printed,  that  a  motion 
be  made  to  that  effect. 

Mr.  POTTER,  I  desire  to  move  that  propositions  No.  23,. 
concerning  the  oath  of  public  officers;  26,  improper  use  of  pub- 
lic moneys;  27,  concerning  taxation;  28,  concerning  qualifica- 
tions of  electors;  30,  relating  to  railroads  and  telegraph  lines;. 
31,  qualifications  of  electors;  35,  irrigation  commissioners;  36, 
military  affairs  (Mr.  Fox);  37,  railroad  corporations,  and  38,. 
concerning  the  ballot,  be  printed. 

Mr.  REED.  I  would  state  before  any  action  is  taken  on 
that,  there  is  a  communication  I  have  sent  to  the  secretary's- 
desk  which  I  wish  read. 

Mr.  PRESIDENT.  One  just  sent  up?  The  secretary  will 
please  read. 

SECRETARY.  No.  40,  by  Mr.  Reed,  prohibiting  the  im- 
portation of  foreign  police,  etc. 

No  force  of  men  for  the  purpose  of  suppressing  domestic 
violence  shall  ever  be  brought  into  this  state  except  upon  the 
demand  of  the  legally  constituted  authorities  of  the  state  and 
such  demands  shall  not  be  construed  to  give  any  authority  to 
demand  any  other  foreign  force  of  men  than  the  demand  upon 
the  president  of  the  United  States  for  the  army  of  the  United 
States. 

Mr.  PRESIDENT.  This  proposition  will  be  referred  to 
Committee  No.  10,  on  manufactures,  commerce,  live  stock  in- 
terests, and  labor,  unless  otherwise  ordered  by  the  convention.. 
Is  there  objection  to  its  being  so  referred?  The  chair  hears 
none,  and  it  is  so  referred. 

Are  there  any  further  propositions,  Mr.  Secretarv? 
SECRETARY.     None,  Mr.  President. 

Mr.  PRESIDENT.     Is  there  a  second  to  the  motion  of  the 
gentleman  from  Laramie,  Mr.  Potter? 
Mr.  SMITH.     I  second  the  motion. 

Mr.  HOYT.     I  move  an  amendment,  by  having  this  bill  of 
Mr.  Reed's  inserted  and  ordered  printed. 
Mr.  POTTER,     I  accept  the  amendment. 
Mr.  PRESIDENT.    What  is  the  number  of  that  file ? 
SECRETARY.     No.  40. 

Mr.  PRESIDENT.     It  will  be  so  amended  so  as  to  include- 
No.  40  unless  the  second  objects. 
Mr.  SMITH.     I  offer  no  objection. 


»  PROCEEDINGS  AND  DEBATES.  19 3 

Mr.  FOX.  There  was  a  number  of  matters  filed  yesterday, 
and  it  seems  to  me  they  should  be  called  for,  and  such  as  it  is 
deemed  necessary  to  have  printed,  can  be  so  ordered  at  the 
same  time, 

Mr.  POTTER.  In  that  connection,  Mr.  President,  there  is 
one  that  I  think  of,  I  do  not  know  the  number,  owing  to  the 
fact  that  there  were  three  propositions  referring  to  the  organ- 
ization of  new  counties;  it  might  be  well  to  have  all  three 
printed.  I  would  be  willing  to  accept  the  amendment  if  it 
is  not  too  late,  that  these  propositions  be  printed.  There 
were  several  on  that  subject. 

Mr.  PRESIDENT.  If  the  convention  will  permit  me,  I 
would  suggest  this.  There  are  a  number  of  these  propositions 
that  none  of  us  understand  much  about.  They  were  not  read 
at  length;  they  were  placed  in  the  hands  of  the  committees, 
and  the  committees  may  refer  them  back  at  any  time,  with  the 
request  that  they  Jbe  printed,  and  when  referred  back  in  that 
way  we  can  order  them  printed.  If  it  is  the  desire  of  the 
committees  to  take  up  any  special  matters  or  numbers  at  this 
time,  they  could  designate  them,  and  they  could  be  ordered 
printed  at  this  time.  The  question  will  be  on  the  motion  of 
Mr.  Potter  of  Laramie,  that  the  following  propositions  and 
resolutions  be  printed,  viz:  Nos.  23,  26,  27,  28,  30,  31,  35,  36; 
37,  38  and  40. 

Mr.  POTTER.     There  is  another  one  that  I  think  of,  Mr. 
Chairman,  concerning  woman  suffrage.     Will  the  assistant  sec- 
retary give  us  the  number  of  that? 
SECRETARY.     No.  25. 

Mr.  PRESIDENT.  I  will  place  it  upon  the  list  presented 
by  the  gentleman  from  Laramie,  with  the  permission  of  his, 
second. 

Mr.  POTTER.  I  meant  to  have  added  that,  with  the  per- 
mission of  my  second. 

Mr.  PRESIDENT.  File  No.  25  has  been  added  to  the  list, 
and  also  No.  40.  The  motion  has  been  stated.  Gentleme% 
are  you  ready  for  the  question?  All  in  favor  of  the  motioii 
will  say  aye ;  those  opposed,  no.  The  ayes  have  it,  the  motion 
prevails.  The  bills  referred  to  in  the  motion  are  ordered 
printed. 

Is  there  any  further  business  to  be  attended  to  in  reference 
to  the  special  order  of  the  day?  There  are  some  other  mat- 
ters before  the  convention  for  its  action,  unless  the  special  or- 
der should  be  continued.  What  is  your  pleasure,  gentlemen, 
as  to  the  special  order? 

Mr.  HAY.  I  think  there  are  one  or  two  gentlemen  in  the 
committee  rooms  struggling  with  resolutions  and  propositions. 
We  had  better  give  them  notice  before  this  order  closes,  per- 
haps. 

Mr.  PRESIDENT.     If  it  is  the  wish  of  the  convention,  we 
13 — 


I94  CONSTITUTIONAL  CONVENTION. 

will  not  act  upon  closing  the  order  at  this  time,  but  may  oc- 
cupy the  time  with  something  else,  by  general  consent. 

Mr.  COFFEEN.     Consent. 

Mr.  PRESIDENT.     The  resolution  offered  yesterday  by  Mr. 
Hoyk  of  Albany,  we  will  take  up  to-day.     The  subject  of  the 
resolution  is  to  increase  the  number  of  Committee  No.  10,  I 
believe.     The  assistant  secretary  will  please  read. 
(Hoyt's  resolution,  see  other  page.) 

Mr.  PRESIDENT.  The  motion  is  for  the  adoption  of  this 
resolution.  Is  there  a  second  to  the  motion? 

Mr.  RINER.     Second  the  motion. 

Mr,  PRESIDENT.  Are  you  ready  for  the  question?  All 
in  favor  of  the  motion  will  say  aye  f  those  opposed  no.  The 
motion  prevails,  the  Ayes  have  it.  The  committee  is  ordered 
increased  to  ten  in  number. 

Mr.  BAXTER.  I  understood  the  motion  to  be  introduced 
in  order  that  the  committee  might  have  a  representative  from 
each  county.  Is  it  intended  to  entirely  reorganize  the  com- 
mittee? There  are  two  members  from  one  county  on  it  now. 

Mr.  PRESIDENT.  It  was  not  intended  to  reorganize  the 
committee,  but  simply  to  provide  for  its  increase  to  ten  in  num- 
ber. 

Mr.  BAXTER.  It  should  be  increased  to  eleven  in  order 
to  have  one  member  from  each  county,  as  there  are  two  mem- 
bers now  on  from  one  county. 

Mi.  PRESIDENT.  The  resolution  limits  the  number;  it  is 
limited  to  ten. 

Mr.  HOYT.  It  was  an  oversight  on  my  part.  I  did  noti 
notice  that  there  were  two  members  from  one  county.  My 
desire  was,  that  as  this  was  rather  an  important  committee, 
to  have  an  equal  distribution  over  the  whole  territory.  At 
the  same  time  I  had  another  object  in  view,  to  carry  out  the 
wishes  of  inem/bers  who  had  lately  come;  in,  and  who  had  ex- 
pressed a  preference  for  that  committee. 

Mr.  PRESIDENT.  The  chair  would  state  to  the  convention 
that  there  is  no  rule  requiring  the  chair  to  appoint  one  inembeto 
from  each  county  on  committees  of  ten,  but  so  far  as  has  been 
possible  the  committee  on  rules  have  endeavored  to  follow  this 
course  so  far  as  possible,  and  appoint  one  member  from  each 
county.  In  some  cases  gentlemen  from  different  counties  have 
relinquished  their  right  by  stating  to  the  chair  that  they  do( 
not  care  to  have  a  representative  upon  that  committee.  Under 
these  circumstances  the  chair  has  appointed  more  than  one 
from  some  counties,  and  unless  there  is  objection  in  the  future, 
when  gentlemen  from  certain  counties  decline  such  positions, 
the  chair  will  offer  the  positions  to  some  other  counties  and 
fill  it  as  best  it  may. 

Mr.  COFFEEN.  Do  I  understand  that  we  cannot  retrace 
our  steps  and  amend  from  ten  to  eleven? 


PROCEEDINGS  AND  DEBATES.  ^5 

Mr.  PRESIDENT.  The  motion  is  passed  for  ten.  Any 
desire  to  further  amend  the  rule  would  come  under  the  rulq 
requiring  one  day's  notice. 

Mr.  COFFEEN.  I  think  I  can  make  a  motion  to  reconsider, 
having  voted  in  the  afflmative.  Therefore,  if  I  can  obtain  a 
second. 

Mr.  REID.    Second  the  motion. 

Mr.  PRESIDENT.  It  is  moved  and  seconded  that  the  mo- 
tion just  passed  be  reconsidered. 

Mr.  SMITH.  I  simply  want  to  raise  this  question  now. 
Even  if  this  motion  is  carried,  is  it  not  required  that  a  day  shall 
pass?  You  are  amending  the  rules  and  you  must  confine  your- 
self now  to  the  notice,  as  this  is  not  the  proposition  of  which 
notice  was  given  yesterday. 

Mr.  PRESIDENT.  Does  the  gentleman  who  raises  the 
point  of  order  think  the  motion  to  reconsider  being  put  at  this 
time  not  in  order. 

Mr.  SMITH.  No,  not  that.  The  motion  to  reconsider  is  in 
itself  all  right.  The  point  I  make  is  simply  this — that  if  we/ 
pass  the  motion  to  reconsider  a  day  will  have  to  pass  before  we 
can  take  final  action. 

Mr.  COFFEEN.  Mav  I  speak  to  a  point  of  order  for  a  mo- 
ment? 

Mr.  POTTER.  I  object  to  the  point  of  order  raised. 

Mr.  SMITH.  I  just  wished  to  call  attention  to  what  the 
•situation  would  be  then. 

Mr.  PRESIDENT.  The  motion  now  before  the  house  is  to 
reconsider  the  motion  passed  a  few  moments  ago.  All  in  favor 
of  the  motion  will  say  aye ;  those  opposed  no.  The  ayes  have  it. 
The  motion  to  reconsider  prevails. 

Mr.  COFFEEN.  Now,  as  I  understand  it,  the  main  ques- 
tion is  before  us  again. 

Mr.  PRESIDENT.  The  question  now  before  us  is  on  the 
motion  to  amend  the  rules  by  increasing  the  committee  to  ten. 

Mr.  COFFEEN.  I  move  to  amend  that  motion  by  striking 
out  the  word  "ten"  and  inserting  in  lieu  thereof  the  word 
"eleven." 

Mr.  POTTER.    Second  the  motion. 

Mr.  PRESIDENT.  Does  the  gentleman  insist  upon  his 
point  of  order? 

Mr.  SMITH.  They  have  a  right  to  amend  as  much  as  they 
please,  but  final  action  cannot  be  taken  without  a  day's  no- 
tice. 

Mr.  PRESIDENT.  It  is  moved  that  the  resolution  be, 
amended  so  as  to  increase  the  number  of  this  committee  to 
eleven — Committee  No.  10.  Are  you  ready  for  the  question? 

Mr.  SMITH.  I  rise  to  a  point  of  order.  You  are  amending 
the  rules.  That  is  a  different  proposition  from  what  notice 
was  given  yesterday,  and  necessarily  must  go  over  for  a  day 
^before  acted  upon. 


!96  CONSTITUTIONAL  CONVENTION. 

Mr.  PRESIDENT.  The  chair  is  of  the  opinion  that  the 
proposition  presented  yesterday  was  to  amend  the  rules.  It 
is  true  that  a  particular  number  was  specified.  The  proposi- 
tion now  is  to  amend  that  resolution,  and  it  is  the  opinion  of 
the  chair  that  it  may  be  amended  at  this  time;  lhat  the  motion 
fit  amend  the  number  does  not  necess.i1  !'v  c  nry  it  over  for 
another  day.  Is  there  any  ajppeal  from  the  decision  of  the, 
chair?  If  there  is  none  the  question  is  now  upon  the  amend- 
ment. All  in  favor  of  the  motion  to  amend  so  that  it  shall  read 
eleven  instead  of  ten  say  aye.  Those  opposed  no.  The  ayes 
have  it  and  the  resolution  is  amended  to  read  eleven  instead 
of  ten.  What  is  your  further  desire? 

Mr.  COFFEEN.  The  question  is  now  on  the  main  motion; 
as  amended  to  adopt  the  resolution  as  amended. 

Mr.  PRESIDENT.  Are  you  ready  for  the  question?  All  in 
favor  of  the  motion  will  say  aye ;  those  opposed  no.  The'  ayes 
have  it  and  the  motion  prevails.  The  rules  are  amended  and 
the  committee  stands  increased  to  eleven. 

(Burritt,  Burdick  and  Holden  come  in  from  the  committee 
room.) 

The  matter  just  disposed  of  was  taken  up  by  consent,  gen- 
tlemen; we  are  still  working1  under  the  general  order,  the  pre- 
sentation of  propositions,  resolutions,  etc.  Are  there  any  fur- 
ther propositions? 

Mr.  POTTER.  If  not  interfering  with  the  special  order,  I 
now  move  that  rule  No.  6  be  amended  by  adding  a  committee 
to  be  known  as  Committee  No.  20,  on  ordinances,  composed 
of  seven  members. 

Mr.  GRANT.    Second  the  motion. 

Mr.  PRESIDENT.  The  chair  will  state  the  question.  No- 
tice was  given  yesterday  by  Mr.  Potter  to  further  amend  rule 
No.  6  by  the  creation  of  an  additional  committee,  to  be  known 
as  Committee  No.  20  on  ordinances.  It  is  now  moved  that  the 
committee  be  so  formed,  and  that  it  consist  of  seven  mem- 
bers. The  question  is  before  you  for  your  consideration. 

Mr.  CAMPBELL.  I  W7ould  like  to  inquire  what  this  com- 
mittee on  ordinances  means.  As  I  understand  that  subject,  it 
is  covered  by  schedule.  I  would  like  to  be  enlightened,  so  I 
can  vote  intelligently. 

Mr.  POTTER.  As  I  understand  it  everything  that  goes  into 
the  schedule,  so  called  for  what  reason  I  don't  know,  is  em- 
bodied in  the  constitution  and  is  a  part  of  the  constitution,  and 
is  just  the  same  as  any  other  part  of  it. 

The  ordinances  I  refer  to  contain  a  great  many  matters 
that  would  not  go  into  the  constitution  proper.  For  instance, 
the  declaration  that  is  required  in  the  formation  of  all  these 
new  states  by  congress  as  to  the  ownership  of  public  lands  (un- 
appropriated public  lands),  and  the  jurisdiction  of  the  United 
States  over  Indian  reservations;  these  things  which  are  in  the 
nature  of  a  contract  or  agreement  between  the  state  and  the 


PROCEEDINGS  AND  DEBATES.  ^7 

United  States.  They  are  not  a  part  of  the  constitution,  but  it 
is  required  of  us  that  we  look  after  these  things,  and  it  seems 
to  me  that  it  is  a  very  important  matter,  and  we  should  be 
very  particular  as  to  its  language,  and  it  seems  to  me  that  we 
ought  to  have  a  committee  to  have  charge  of  them.  ' 

Mr.  MORGAN.  Mr.  Potter  is  just  right.  There  are  certain 
things  that  congress  requires  of  us,  and  they  should  have  much 
consideration,  and  I  believe  if  this  constitution  is  adopted  and 
submitted  to  congress  that  the  only  question  congress  would 
raise  would  be  in  regard  to  these  ordinances.  The  conditions 
they  make  require  certain  things  of  us,  and  we  make  a  similar 
contract  with  them.  Tt  is  just  as  Mr.  Potter  stated,  this  is  an 
important  matter,  and  we  should  have  a  committee  on  this 
matter  of  ordinances  especially. 

Mr.  PALMER.  I  would  suggest  "that  there  also  be  included 
in  this  committee  on  ordinances  the  subject  of  memorials  to 
congress.  We  have  no  committee  on  this  subject  and  I  think 
it  should  be  included. 

Mr.  FOX.  Mr.  Chairman,  I  don't  think  that  we  need  such 
a  committee.  I  think  that  the  subjects  that  .have  been  men- 
tioned should  be  embodied  in  the  constitution.  The  laws  oU 
congress  especially  say  that  a  territory,  on  framing  a  consti- 
tution, shall  disclaim  in  ordinances  any  claim  to  the  public 
lands,  which  shall  forever  belong  to  the  United  States,  except 
such  portions  as  may  be  granted  to  the  state,  and  I  notice  on 
looking  over  the  constitution  of  the  different  states,  especially 
those  that  have  been  lately  formed,  that  there  is  no  such  thing 
as  an  ordinance  attached.  The  ordinances  in  some  are  includ- 
ed in  the  schedule.  I  notice  in  the  constitution  of  Missouri 
there  is  an  ordinance  stating  that  if  this  constitution  is  adopt- 
ed by  the  people,  certain  bonds  that  were  issued  for  the  con- 
struction of  a  railroad  shall  be  considered  null  and  void.  This 
is  not  a  part  of  the  constitution,  but  it  is  an  ordinance. 
The  other  subjects  proposed  to  bring  in  as  ordinances  properly 
go  into  the  schedule.  I  think  we  can  get  along  without  such 
a  committee.  I  think  we  can  arrange  this  matter  by  adding  a 
word  to  the  name  of  Committee  No.  18,  to  be  known  as  the 
committee  on  schedule,  ordinances,  future  amendments  and 
miscellaneous  matters,  and  we  need  not  be  confused  by  hav- 
ing two  committees.  My  object  is  to  have  these  ordinance 
sections  come  under  control  of  Committee  No.  18,  so  that  there 
may  be  no  confusion. 

Mr.  POTTER,  If  I  may  be  permitted,  I  should  like  to  speak 
again  upon  this  matter. 

Mr.  PRESIDENT.  You  will  have  to  wait  until  other  mem- 
bers have  spoken  if  they  so  desire.  Is  there  any  objection  to 
the  gentleman  from  Laramie  speaking  again  at  this  time?  The 
chair  hears  none,  the  gentleman  will  proceed. 

Mr.  POTTER.  To  explain  this  matter,  as  I  understand  it. 
Colorado  in  their  compact  with  the  federal  government  placed 


I98  CONSTITUTIONAL  CONVENTION.. 

it  under  the  head  of  ordinances,  entirely  at  the  end  of  the  con- 
stitution. Idaho  does  the  same  thing,  after  the  constitution 
is  signed  and  certified.  North  Dakota  has  placed  this  matter 
not  under  the  head  of  schedule,  but  under  the  head  of  com- 
pacts with  the  United  States,  in  its  constitution.  I  believe  that 
is  the  proper  place  for  it.  No  doubt  either  way  is  perfectly 
legal,  and  I  ani  simply  speaking  of  these  to  show  the  custom. 
I  only  have  thes  two  states  in  mind,  that  I  know  anything  of, 
the  recently  organized  states.  One  of  them  has  performed  it  in 
one  way  and  the  other  in  another. 

Mr.  SMITH.  It  seems  there  should  be  no  controversy  over 
this  question.  It  must  be  done  in  one  shape  or  another,  and  I 
don't  suppose  it  makes  any  particular  difference  which.  I  have 
not  looked  at  the  constitution  of  many  of  the  states.  I  know 
in  Pennsylvania  the  ordinances  were  incorporated  there  sep- 
arately from  the  constitution,  and  Colorado  is  the  same.  I 
think  Nebraska  had  these  matters  separate  and  distinct  from 
the  constitution.  The  subject  must  be  attended  to  in  one  way 
or  another,  and  I  think  it  very  important  that  wre  should  have 
such  a  committee,  and  I  think  one  should  be  appointed  and  ap- 
pointed soon. 

Mr.  TESCHEMACHER.  I  think  that  the  members  of  this 
convention  all  remember  that  we  are  supposed  to  be  working 
under  the  senate  bill,  and  if  we  are  working  under  that  senate 
bi)ll,  and  if  we  will  look  into  it,  we  will  see  that  it  provides; 
just  what  shall  be  done.  Section  three  of  that  bill  says,  after 
providing  for  our  meeting,  that  we  shall  declare  on  behalf 
of  the  people  that  we  adopt  the  constitution  of  the  United 
States,  and  that  we  shall  declare  by  ordinances  certain  things. 
NowT,  it  seems  to  me  under  that  provision  that  all  these  things 
should  be  provided  for  by  ordinances,  and  not  incorporated 
as  a  part  of  the  constitution.  If  we  are  working  under  that 
bill,  Senate  Bill  2445,  that  is  the  way  to  do  it. 

Mr.  CAMPBELL.  If  nobody  else  wants  to  talk  on  this 
subject,  I  should  like  to  have  the  privilege  now. 

Mr.  PRESIDENT.  The  gentleman  from  Laramie,  Mr. 
Campbell. 

Mr.  CAMPBELL.  I  am  desirous  of  making  a  short  ex- 
planation in  regard  to  this  matter  on  behalf  of  the  committee 
on  rules  and  committees.  As  every  member  of  that  committee 
will  remember,  this  subject  was  discussed  in  the  committee 
on  rules,  when  the  committees  were  formed.  It  wras  discussed 
there,  and  we  concluded  not  to  make  a  separate  committee, 
but  to  follow  the  example  of  Montana,  and  let  it  go  to  the 
committee  on  schedule,  amendments,  etc.,  \ve  just  left  the 
.word  ordinances  out,  but  it  was  understood  that  all  matters 
in  relation  to  these  ordinances  should  be  referred  to  the  com- 
mittee on  schedule.  Of  course  it  doesn't  make  any  difference 
whether  a  new  committee  is  created,  but  in  justice  to  the 
committee  I  want  it  understood  that  this  matter  was  fully 


PROCEEDINGS  AND  DEBATES.  199 

discussed  by  the  committee,  and  they  determined  In  at  all  such 
matter  should  be  referred  to  the  committee  on  schedule. 

Mr.  PRESIDENT.  Any  further  remarks?  The  question 
is  upon  the  creation  of  a  new  committee,  to  consist  of  seven, 
to  be  known  as  the  committee  on  ordinances. 

Mr.  CON  A  WAY.  I  should  like  to  amend  that  and  recom- 
mend that  it  be  referred  to  the  committee  on  rules. 

Mr.  JEFFREY.    Second  the  motion. 

Mr.  COFFEEN.  Do  I  understand  this  motion  is  to  refer; 
it  to  the  committee  on  rules? 

Mr.  PRESIDENT.    Yes. 

Mr.  COFFEEN.  As  a  member  of  that  committee  I  should 
prefer  to  have  the  matter  take  its  course  in  this  convention, 
and  consider  the  motion  as  it  was  originally  stated.  Those 
who  have  moved  this  have  evidently  considered  the  matter, 
and  have  given  some  pretty  good  reasons  for  having  a  special 
committee  on  that  business.  I  approve  of  the  suggestion,  and 
favor  the  original  motion. 

Mr.  PRESIDENT.  The  motion  is  now  to  refer  the  former 
motion  (the  motion  originally  made  was  to  amend  the  rules 
by  the  creation  of  a  new  committee)  to  the  committee  on 
rules.  The  chair  is  in  doubt  as  to  whether  the  committee 
on  rules  is  now  in  existence.  It  seems  to  me  that  the  com- 
mittee was  discharged,  but  I  am  not  sure  about  that. 

Mr.  RINER.    It  was  discharged. 

Mr.  CAMPBELL.    It  was  discharged. 

Mr.  PRESIDENT.  As  there  is  no  such  committee,  the 
motion  to  refer  the  matter  to  them  is  not  in  order. 

Mr.  PRESIDENT.  The  question  will  then  be  on  the  orig- 
inal motion  to  create  a  new  committee,  No.  20.  Are  you  ready 
for  the  (iiiestion?  All  in  favor  of  the  motion  Avill  say  aye; 
those  opposed,  no.  The  ayes  have  it,  the  motion  prevails. 

Mr.  JOHNSTON.     Mr.'  President. 

Mr.  PRESIDENT.  The  gentleman  from  Laramie,  Mr- 
Johnston. 

Mr.  JOHNSTON.  I  would  like  to  have  the  unanimous  con- 
sent of  the  convention  to  present  the  report  of  committee  No. 
8,  with  which  is  connected  a  couple  of  resolutions  which  it 
may  be  advisable  to  act  upon  before  we  adjourn. 

Mr.  PRESIDENT.  Are  they  propositions  to  go  into  the 
constitution? 

Mr.  JOHNSTON.  No,  they  refer  to  the  governor's  commu- 
nication in  regard  to  the  expected  visit  of  the  United  States 
senate  committee,  and  the  committee  recommend  some  mat- 
ters which  should  perhaps  be  acted  upon  without  delay. 

Mr.  PRESIDENT.  Is  there  any  objection  to  the  report 
referred  to  by  Mr.  Johnston  being  offered  at  this  time?  The 
chair  hears  no  objection  and  the  committee  will  read  the  re- 
port from  the  committee  on  irrigation. 

(Reading  of  report.    See  journal  page  34.) 


200  CONSTITUTIONAL  CONVENTION. 

Mr.  PRESIDENT.  Gentlemen,  if  there  is  no  objection  the 
question  will  be  upon  the  adoption  of  the  report  of  your  com- 
mit tee.  All  in  favor  of  the  adoption  of  the  report  of  the  com- 
mittee on  irrigation  will  say  are;  those  opposed,  no.  The 
ayes  have  ir  and  the  report  is  adopted.  This  would  seem  to 
carry  with  it  the  adoption  of  the  resolutions,  but  that  there 
may  be  no  o.uestion  upon  that  matter  we  will  take  them  up 
and  adopt  them  in  order  as  presented.  The  clerk  will  read 
the  first  resolution. 

(Heading-  of  first  resolution.) 

Gentlemen,  you  have  heard  the  resolution  read;  the  ques- 
tion is  upon  the  adoption  of  the  resolution.  All  in  favor  of 
the  resolution  being  adopted  will  say  aye;  those  opposed,  no. 
The  ayes  have  it,  the  resolution  prevails.  The  clerk  will  read 
No,'  ± 

(Reading  of  resolution  No.  2J 

Gentlemen,  you  have  heard  the  resolution  read.  The  ques- 
tion is  upon  its  adoption.  Are  you  ready  for  the  question. 
All  in  favor  of  the  adoption  of  the  resolution  will  say  aye; 
those  opposed,  no.  The  ayes  have  it.  Will  the  different  del- 
egations immediately  select  a  representative  for  this  commit- 
tee and  report  it  to  the  chair. 

Mr.  HAY.    I  surest  that  the  roll  be  called  by  counties. 

Mr.  PRESIDENT.  Are  the  different  delegations  ready  to 
name  their  representatives? 

Mr.  REID.    Laramie  is  ready. 

Mr.  PRESIDENT.  The  secretary  is  about  to  call  the  roll 
by  counties;  the  convention  will  please  come  to  order. 

SECRETARY. 

Albany  county,  S.  W.  Downey, 

Carbon  county,  R.  C.  Butler,  * 

Crook  county, 

Mr.  COFFEEN,  In  the  absence  of  any  representative  from 
Crook,  I  mention  Mr.  Scott. 

Mr.  PRESIDENT.  The  resolution  is  that  each  delegation 
shall  name  their  own  representative,  and  there  is  no  power 
for  any  one  else  to  do  their  work  for  thqtn. 

The  clerk  will  proceed  with  the  call  by  counties. 

Converse  county.  Mr.  Bairow, 

Fremont  county.  Major  Baldwin, 

Johnson  county,  Chas.  H.  Burritt, 

Sheridan  count v,  H.  A.  CoftVen. 

Laramie  county,  Mr.  Johnston. 

s\\.    i \\ater  county,  Mark  Hopkins, 

T'inta  county.  C.  W.  Holden. 

Mr.  PRESIDENT.     This  I  believe  completes  the  call. 

Mr.  IRVINE.  Do  I  understand  the  ruling  of  the  president 
that  Crook  county  shall  at  some  time  have  the  right  to  men- 
tion a  delegate  or  not  the  right? 


PROCEEDINGS  AND  DEBATES.  20 1 

Mr.PRESIDENT.  The  chair  could  say  that  it  made  no 
ruling1  upon  that  subject,  but  simply  stated  that  as  the  reso- 
lution provided  that  the  delegation  from  each  county  should 
name  their  representatives,  of  course  no  other  delegation  than 
their  own  would  have  any  right  to  name  a  member  of  the 
committee.  They  can  be  designated  hereafter  without  any 
trouble.  Is  there  any  further  business  to  come  before  the 
convention  ? 

Mr.  RINER.  I  move  that  Crook  county  at  some  future 
time  be  permitted  to  name  their  member  of  this  committee. 

Mr.  JOHNSON.    Second  the  motion.  • 

Mr.  PRESIDENT.  Are  you  ready  for  the  question?  It  is, 
moved  and  seconded  that  Crook  county  be  allowed  to  name 
their  member  of  this  committee  at  some  future  time.  All  in 
faAror  of  the  motion  will  say  aye;  those  opposed  no.  The  ayes 
nave  it,  the  motion  prevails. 

Mr.  ORGAN.  Mr.  President,  I  move  we  adjourn  until  Mon- 
day morning  at  10  o'clock. 

'  Mr.  BAXTER.    Second  the  motion. 

Mr.  HOYT.  If  in  order,  before  we  adjourn  I  would  like  an 
opportunity  to  oft'er  a  resolution.  It  will  only  take  a  moment 
or  two. 

Mr.  PRESIDENT.  It  is  now  past  the  noon  hour,  but  if  the 
gentleman  from  Laramie  will  withdraw  his  motion,  we  can 
talve  time  for  the  resolution. 

Mr.  ORGAN.    I  withdraw  my  motion  for  the  present. 

Mr.  PRESIDENT.  The  gentleman  from  Albany  can  pre- 
sent his  resolution. 

Mr.  HOYT.  I  would  preface  the  reading  of  this  resolution 
with  a  few  remarks.  In  view  of  the  circumstances  attending 
the  calling  of  this  convention,  it  has  seemed  to  me,  and  per- 
"haps  it  has  occurred  to  others,  that  if  there  has  been  any 
omission,  it  may  be  proper  to  supply  it  at  this  time.  The  res- 
olution will  explain  and  I  will  read  it  myself,  since  my  writing 
appears  to  be  a  little  difficult  for  others  to  read. 

Mr.  ORGAN.  I  should  like  to  change  my  motion.  I  will 
make  it  half  past  ten  instead  of  ten.  The  train  gets  in  about 
10,  and  there  will  be  a  great  many  of  the  members  coming 
from  the  Avest. 

Mr.  PRESIDENT.  Is  it  desired  that  we  adjourn  until  this 
question  is  disposed  of? 

Mr.  ORGAN.    Oh!  no. 

Mr.  CAMPBELL.  Before  the  motion  to  adjourn  is  made 
I  would  like  to  ask  that  I  be  excused  on  Monday,  as  I  have 
business  of  importance  to  attend  to  in  the  western  part  of 
the  territory. 

Mr.  MORGAN.    Second  the  motion. 

Mr  PRESIDENT.  Is  there  any  objection  to  the  records 
showing  that  Mr.  Campbell  is  excused  from  attending  the  con- 


202  CONSTITUTIONAL  CONVENTION. 

vention  on  Monday?  There  being  no  objection  the  records  will 
so  show. 

Mr.  Hoyt's  resolution. 

Whereas,  It  has  been  determined  that  a  full  record  shall 
be  made  of  the  proceedings  of  this  convention,  with  a  view  to 
its  publication: 

And  Whereas,  It  is  desirable  that  such  record  be  so  perfect 
as  to  show  the  successive  official  acts  in  which  the  convention 
had  origin,  in  order  that  such  acts  may  become  a  permanent 
part  of  its  history,  therefore, 

Resolved,  That  the  standing  committee  on  printing  and 
publication  is  hereby  instructed  to  embrace  in  the  volume  of 
the  proceedings  to  be  so  published,  and  as  introductory  thereto* 
the  following  official , papers,  to-wit: 

1.  The  memorial  of  the  tenth  legislative  assembly  request- 
ing of  congress  such  legislation  that  will  enable  the  people  of 
Wyoming  to  form  a  constitution  and  state  government. 

2.  The  certificate  of  the  governor,  chief  justice  and  secrer 
tary  of  the  territory,  setting  forth  their  apportionment  of  the 
number  of  delegates  to  sajd  convention  among  the  several  dis- 
tricts of  the  territory,  dated  June  3,  1889,  directing  an  election! 
throughout  the  territory  for  the  choice  of  delegates  to  a  consti- 
tutional convention  to  meet  at  Cheyenne  on  the  first  Monday, 
of  September,  1889,  for  the  purpose  of  forming  a  constitution 
for  the  state  of  Wyoming. 

Resolved,  That  the  constitution  for  WTyoming  to  be  submit- 
ted to  the  people  for  their  adoption  or  rejection,  should  be  as 
comprehensive  and  general  in  its  provisions  as  shall  be  con- 
sistent with  definiteness  of  purpose^  and  that  in  the  draft- 
ing of  the  provisions  there  should  be  the  avoidance  of  details,, 
which  may  be  safely  left  to  future  legislation,  to 
the  end  that  with  every  necessary  safeguard  for  interests 
general  and  vital  there  may  also  be  the  freedom  essential  to  a 
great  and  growing  people,  in  a  rapidly  advancing  age. 

Mr.  PRESIDENT.  You  have  heard  the  resolution  read. 
This  resolution  offered  by  Mr.  Hoyt.  Are  you  ready  for  the 
question  ? 

Mr.  HOYT.  It  was  my  intention  that  this  resolution  should 
lie  over  under  the  rules. 

Mr.  PRESIDENT.  My  understanding  of  the  request  was 
that  it  should  receive  immediate  attention.  The  chair  has 
misunderstood  the  wish  of  the  gentleman  offering  the  resolu- 
tion. 

The  resolution  will  lie  over.  The  gentleman  not  desiring 
action  taken  at  this  time,  the  motion  to  adjourn  will  be  con- 
sidered by  the  chair. 

Mr.  ORGAN.  I  move  we  adjourn  until  half  past  ten  Mon- 
day morning. 

Mr.  BAXTER.    Second  the  motion. 

Mr.  RINER.  I  desire  to  make  an  amendment  to  that  mo- 
tion. Monday  is  a  very  busy  day  with  me,  and  1  don't  doubti 


PROCEEDINGS  AND  DEBATES. 


203 


it  is  with,  some  others.    I  move  we  adjourn  until  2  o'clock  Mon- 
day afternoon. 

"Mr.  PRESIDENT.  The  motion  is  to  adjourn  until  Monday 
at  half  past  ten.  There  is  also  a  motion  to  amend  that  mo- 
tion. Is  there  a  second? 

Mr.  REID.    T  second  the  motion. 

Mr.  PRESIDENT.  The  question  will  first  be  upon  the 
amendment,  that  we  adjourn  until  2  o'clock  on  Monday.  Are 
you  ready  for  the  question? 

Mr.  HOYT.  I  hope  this  motion  will  not  prevail,  for  I  know 
of  one  member  intending  to  be  here  for  the  Monday  morning- 
session,  but  who  will  be  necessarily  absent  Tuesday,  and  that 
would  necessitate  a  two  days  absence  instead  of  one.  That  is 
all. 

Mr.  PRESIDENT.  The  question  is  upon  the  adjournment 
of  the  convention  until  2  o'clock  Monday.  Are  you  ready  forr 
thtj  question?  All  in  favor  of  the  motion  will  say  aye.  Those- 
opposed  no.  The  chair  is  in  doubt.  All  in  favor  of  the  motion 
to  adjourn  until  Monday  at  2  o'clock  will  rise  and  stand  until 
counted.  The  chair  counts  seventeen.  Those  opposed  will  rise- 
and  stand  until  counted.  The  chair  counts  sixteen  voting  in 
the  negative.  The  motion  prevails  and  the  convention  will  ab- 
journ  until  2  o'clock  Monday. 


SEVENTH  DAY. 

Monday,  Sept.  9,  1889. 

Convention  assembled  at  2  p.  m. 

President  Brown  in  the  chair. 

Mr.  PRESIDENT.  The  gentlemen  of  the  convention  will 
come  to  order. 

Prayer. 

Mr.  PRESIDENT.  The  secretarw  will  proceed  to  call  the  roll. 

SECRETARY.    Thirty  members  present,  Mr.  President. 

Mr.  PRESIDENT.  The  secretary  will  read  the  journal  for- 
the  last  day's  proceedings. 

(Reading  of  the  journal  of  the  sixth  day.) 

Mr.  PRESIDENT.  Are  there  any  changes  or  corrections 
suggested  to  the  journal  as  read? 

Mr.  IRVINE.    Mr.  President. 

Mr.  IRVINE.  With  the  consent  of  the  convention,  I  would 
like  to  change  the  representation  of  Converse  county  on  that 
last  committee;  I  would  like  to  change  the  name  of  Mr.  Bar- 
row to  Mr.  De  Forest  Richards.  I  have  had  some  consultation 
with  my  colleagues,  the  only  one  present  that  is,  and  with  the 
consent  of  the  convention  I  would  like  to  make  the  change. 

Mr.  PRESIDENT.  Is  there  any  objection  to  the  change  T 
The  chair  hears  none.  Are  there  any  further  changes  or  cor- 
rections to  be  made  in  the  journal,  as  read? 


204  CONSTITUTIONAL  CONVENTION. 

The  GENTLEMAN  FROM  CROOK.  I  see  no  appointment 
has  been  madexfroni  Crook  county.  I  would  suggest  the  naniei 
of  Mr.  K.  S.  Scott. 

Mr.  PRESIDENT.  The  name  of  Mr.  R.  S.  Scott  is  suggested 
from  Crook  as  the  member  of  this  committee.  The  chair  would 
suggest  that  these  do  not  come  under  the  head  of  a  change 
in  the  journal. 

Mr.  BAXTER.  I  suppose  it  is  a  matter  of  very  small  im- 
portance one  way  or  the  other,  but  it  seems  to  me  that  the 
gentleman  from  Converse  had  better  defer  his  action  for  the 
present,  until  Mr.  Richards  has  appeared  and  qualified  as  a 
member  of  this  convention.  His  credentials,  I  believe,  have 
t>een  received,  but  he  has  never  been  swrorn  in  as  a  member 
of  this  convention. 

Mr.  PRESIDENT.    That  is  true. 

Mr.  IRVINE.  The  gentleman  is  right.  However,  the  cre- 
dentials of  Mr.  Richards  have  been  presented  and  passed  upon, 
and  reported  favorably.  He  has  a  right,  of  course,  to  a  seat  ii^ 
this  convention,  upon  the  report  of  the  committee  on  creden- 
tials, whenever  he  arrives  here.  I  don't  know  that  the  ques- 
tion which  has  been  raised  makes  but  little  difference. 

Mr.  HAY.  I  don't  understand  that  the  resolution  required 
that  wTe  should  designate  any  one  who  is  a  member  of  this 
convention.  So  even  if  Mr.  Richards  is  not  qualified  as  a  mem- 
ber of  the  convention,  he  is  still  eligible  for  that  appointment 
if  the  Converse  county  delegation  see  fit  to  appoint  him. 

Mr.  PRESIDENT.  That  may  be  true,  but  it  is  the  impres- 
sion of  the  chair  that  the  motion  called  for  the  appointment 
of  members  of  this  convention.  They  might  make  a  selection 
of  others  who  are  not  members  as  suggested.  I  do  not  re- 
member the  exact  wording  of  the  resolution,  but  the  impres- 
sion is  in  my  mind  that  it  was  confined  to  the  appointment 
of  members  of  the  committee  from  this  convention. 

Mr.  JOHNSTON.  I  would  say  that  that  was  the  intention 
of  the  committee.  That  this  convention  was  to  appoint  a  mem- 
ber from  each  county,  to  act  in  case  the  different  county  com- 
missioners did  not  respond  to  the  governor's  call  to  appoint 
a  representative  for  that  purpose. 

SECRETARY.  The  wording  of  the  resolution  is  very  clear 
on  that  point,  Mr.  President. 

Mr.  PRESIDENT.  Perhaps  it  would  be  better  to  leave  it 
as  it  is  at  present,  and  if  the  delegation  from  Converse  county 
desires  to  change  its  representative  on  the  committee  it  can 
be  done  hereafter.  It  is  not  necessary  to  do  it  now.  We  are 
simply  proceeding  to  correct  the  record,  and  the  record  is  cor- 
rect as  it  stands  on  that.  The  gentlemen  from  Converse  county 
having  named  their  representative  on  that  committee  on  that 
day  it  so  appears  on  the  record.  If  a  change  is  desired  here- 
after, or  if  a  member  is  to  be  added  by  the  delegation  from 
Crook  county  that  can  be  done  hereafter,  but  not  as  a  change 


PROCEEDINGS  AND  DEBATES.  205 

to  this  record.  The  record  as  read  I  take  it  is  correct.  Are 
there  any  other  chancres  to  bo  suggested  to  the  record,  or  cor- 
rections to  be  made?  If  not,  it  will  stand  approved  as  read. 
The  gentleman  from  Crook  nominates  as  the  member  of  this 
committee  Win.  Scott,  of  that  county.  If  there  is  no  other 
nomination,  and  that  is  the  choice  of  the  delegation,  the  ap- 
pointment is  made  as  requested. 

Mr.  Irvine,  the  change  as  you  desire  it  can  no  doubt  be 
made  at  any  time  when  desired,  but  perhaps  it  would  be  bet- 
ter to  have  the  gentleman  sworn  in  before  it  is  done  by  the 
convention.  I  am  not  sure  but  what  I  have  nia.de  several 
mistakes  in  that  way  myself,  in  appointing  gentlemen  on 
committees  who  were  not  present  in  the  convention,  and  were 
not  members  of  the  convention  when  appointed.  It:  was  sup- 
posed' at  the  time  that  they  would  be  here  in  a  day  or  two, 
and  in  trying  to  distribute  the  representatives  on  the  com- 
mittees as  fairly  as  I  could,  I  have  named  some  gentlemen 
on  committees  who  were  not  members  of  the  convention  at 
the  time. 

Mr.  IE  VINE.  It  is  really  immaterial  to  me,  I  simply  want 
ed  the  matter  attended  to;  of  course,  we  will  have  the  change 
made  at  the  proper  time.  However,  as  I  understand  the  reso- 
lution, it  does  not  make  any  difference  whether  the  party 
chosen  is  a  member  of  this  convention  or  not,  but  sim-ply, 
according  to  the  wording  of  the  resolution,  as  I  understand 
it,  that  each  delegation  shall  choose  some  one  from  their 
own  county,  as  I  understand  it. 

Mr.  PRESIDENT.  Gentlemen  of  the  convention,  the  com- 
mittee on  commerce,  live  stock  interests  and  labor  was  in- 
creased on  Saturday,  by  adding  four  members  to  it,  leaving 
the  members  of  the  committee  thus  increased  to  be  appointed 
by  the  committee.  I  have  appointed  as  the  representative 
from  Crook  county,  Mr.  Meyer  Frank. 

Representative  from  Converse  county,  Mr.  Irvine, 

Representative  from  Johnson  county,  Mr.  McCandlish. 

Representative  from  Sheridan  county,  Mr.  Coffeen. 

Mr.  Coffeen  of  Sheridan,  kindly  relinquishes  any  claim  on 
his  part  as  the  only  representative  of  that  county,  and  asks 
that  Mr.  Sutherland  of  Albany  be  appointed  in  his  place,  and 
the  chair  appoints  Mr.  A.  L.  Sutherland  of  Albany  a  mem- 
ber of  this  committee. 

A  committee  on  ordinances  was  added  to  the  list  of  com- 
mittees by  an  amendment  adopted  on  Saturday,  and  it  will 
be  known  as  committee  No.  20.  The  chair  has  appointed  as 
that  committee  Messrs.  Downey,  Organ,  Harvey,  Burdick, 
Potter,  Menough  and  Jones.  The  committee  was  to  be  seven 
in  number. 

The  presentation  of  petitions,  memorials,  etc. 

Mr.  JEFFREY.     Mr.  President. 


206  CONSTITUTIONAL  CONVENTION. 

Mr.  PRESIDENT.  The  gentleman  from  Laramie,  Mr.  Jef- 
frey, presents  a  proposition  011  public  indebtedness.  Are 
there  any  further  memorials,  petitions  or  resolutions? 

Mr.  MORGAN.    Is  there  a  page  on  this  side  of  the  house? 

Mr.  TESCHEMACHER.    I  just  sent  him  out  on  an  errand! 

Mr.  FOX.    I  wish  to  present  a  proposition. 

Mr.  PRESIDENT.  Are  there  any  further  propositions, 
memorials,  or  petitions?  The  secretary  will  proceed  to  read 
such  propositions  as  have  been  presented. 

SECRETARY.  File  No.  41,  by  Mr.  Jeffrey,  on  public  in- 
debtedness. 

PUBLIC  INDEBTEDNESS. 

Sec.  1.  Neither  the  state  nor  any  county,  city,  town,  town- 
ship or  school  district  shall  lend  or  pledge  the  credit  or  faith) 
thereof,  directly  or  indirectly,  in  any  to  or  in  aid  of  any  manner, 
person,  company  or  corporation,  public  or  private,  for  any) 
amount  or  for  any  purpose  whatever,  or  become  responsible  for 
any  debt,  contract  or  liability  of  any  person,  company  or  cor- 
poration, public  or  private,  in  or  out  of  the  state. 

Sec.  2;  Neither  the  state  nor  any  county,  city,  town,  town- 
ship or  school  district  shall  make  any  donation  or  grant  to, 
or  in  aid  of,  or  become  a  subscriber  to,  or  shareholder  in  any 
corporation  or  company,  or  a  joint  owner  with  any  person,  com- 
pany or  corporation,  public  or  private,  in  or  out  of  the  state, 
except  as  to  such  ownership  as  may  accrue  to  the  state  by  es- 
cheat, or  by  forfeiture,  by  operation  or  provision  of  law,  and, 
except  as  to  such  ownership  as  may  accrue  to  the  state,  or  to 
any  county,  city,  town,  township  or  school  district,  or  to  either, 
or  any  of  them,  jointly  with  any  person,  company  or  corpora- 
tion, by  forfeiture  or  sale  of  real  estate  for  non-payment  of 
taxes,  or  by  donation  or  devise  for  public  use.  or  by  purchase 
by  or  on  behalf  of  any  or  either  of  them,  jointly  with  any  or 
either  of  them,  under  execution  in  cases  of  fines,  penalties  or, 
forfeiture  of  reconizance,  breach  of  condition  of  official  bond 
or  of  bond  to  secure  public  moneys,  or  the  performance  of  any 
contract  in  which  they  or  any  of  them  may  be  jointly  or  sever- 
ally interested. 

Sec.  3_._  The  state  shall  not  contract  any  debt  by  loan  in 
any  form  except  to  provide  for  casual  deficiencies  of  revenue, 
erect  public  buildings  for  use  of  the  state,  suppress  insurrec- 
tion, defend  the  state,  or  in  time  of  war  assist  in  defending 
the  United  States;  and  the  amount  of  the  debt  contracted  in 
any  one  year  to  provide  for  deficiencies  of  revenue  shall  not 
exceed  one-fourth  mill  on  each  dollar  of  valuation  of  taxable 
property  within  the  state,  and  the  aggregate  amount  of  sucfy 
debt  shall  not  at  any  time  exceed  three-fourths  oi  a  mill  on 
each  dollar  of  said  valuation  until  the  valuation  shall  equal 
one  hundred  millions  of  dollars,  and  thereafter  such  debt  shall 


PROCEEDINGS  AND  DEBATES. 


207 


not  exceed  one  hundred  thousand  dollars,  and  the  debt  incurred 
in  any  one  year  for  erection  of  public  buildings  shall  not  ex- 
ceed one-half  mill  on  each  dollar  of  said  valuation,  and  the  ag- 
gregate amount  of  such  debt  shall  never  at  any  time  exceed 
the  sum  of  fifty  thousand  dollars  (except  as  provided  in  sec- 
tion five  of  this  article)  and  in  all  cases  the  valuation  in  this 
section  mentioned  shall  be  that  of  the  assessment  last  preced- 
ing the  creation  of  debt. 

Sec.  4.  In  no  case  shall  any  debts  above  mentioned  in 
this  article  be  created  except  by  a  law  which  shall  be  irrepeal- 
able.  until  the  indebtedness  therein  provided  for  shall  have  been 
fully  paid  or  discharged,  such  law  shall  specify  the  purposes 
to  which  the  funds  so  raised  shall  be  applied,  and  provide  for 
the  levy  of  a  tax  sufficient  to  pay  the  interest  on  and  exting- 
uish the  principal  of  such  debt  within  the  time  limited  by  such, 
law  for  the  payment  thereof,  which  in  the  case  of  debts  con- 
tracted for  the  erection  of  public  buildings  and  supplying  de- 
ficiencies of  revenue,  shall  not  be  less  than  ten  nor  more  than 
twenty  years,  and  the  funds  arising  from  the  .collection  of  any 
such  tax  shall  not  be  applied  to  any  other  purpose  than  that 
provided  in  the  law  levying  the  same,  and  when  the  debt  there- 
by created  shall  be  paid  or  discharged  such  tax  shall  cease, 
and  the  balance,  if  any,  to  the  credit  of  the  fund,  shall 
immediately  be  placed  to  the  credit  of  the  general  fund  of  the 
state. 

Sec.  5.  A  debt  for  the  purpose  of  erecting  public  buildings 
may  be  created  by  law  as  provided  for  in  Sec.  4  of  this  article, 
not  exceeding  in  the  aggregate  three  mills  on  each  dollar  of 
said  valuation;  Provided,  that  before  going  into  effect  such 
law  shall  be  ratified  by  the  vote  of  a  majority  of  ^such  qualified 
electors  of  the  state  as  shall  vote  thereon  at  a  general  election 
made  under  such  regulations  as  the  general  assembly  may  pre- 
scribe. 

Sec.  6.  No  county  shall  contract  any  debt  by  loan  in  any 
form  except  for  the  purpose  of  erecting  necessary  public  build- 
ings, making  or  repairing  public  roads  and  bridges,  and  such 
indebtedness  contracted  in  any  one  year  shall  not  exceed  the 
rates  upon  the  taxable  property  in  such  county,  following,  to- 
wit :  Counties  in  which  the  assessed  valuation  of  taxable  proper- 
ty shall  erceed  five  millions  of  dollars,  one  dollar  and  fifty  cents 
on  each  thousand  dollars  thereof.  Counties  in  which  such  val- 
uation shall  be  less  than  five  millions  of  dollars,  three  dollars  on 
each  thousand  dollars  thereof.  And  the  aggregate  indebtedness 
of  any  county  for  all  purposes  exclusive  of  debts  contracted  be- 
fore the  adoption  of  this  constitution,  shall  not  at  any  time 
exceed  twice  the  amount  above  herein  limited,  unless  when  in 
manner  provided  by  law,  the  question  of  incurring  such  debt 
shall  at  a  general  election,  be  submitted  to  such  of  the  quali- 
fied electors  of  such  county  as  in  the  year  last  preceding  such 
election  shall  have  paid  a  tax  upon  property  assessed  to  them 
in  such  county  and  a  majority  of  those  voting  thereon  shall 


208  CONSTITUTIONAL  CONVENTION 

vote  in  favor  of  incurring  the  debt;  but  the  bonds,  if  any  be> 
issued  therefor,  shall  not  run  less  than  ten  years,  and  the  ag- 
gregate amount  of  debts  so  contracted  shall  not  at  any  time 
exceed  twice  the  rate  upon  the  valuation  last  herein  mentioned;,. 
Provided,  That  this  section  shall  not  apply  to  counties  having 
a  valuation  of  less  than  one  million  dollars. 

Sec.  7.  No  debt  by  loan  in  any  form  shall  be  contracted 
by  any  school  district  for  the  purpose  of  erecting  and  furnish- 
ing school  buildings,  or  purchasing  grounds,  unless  the  propo- 
sition to  create  such  debt  shall  first  be  submitted  to  such  qual- 
ified electors  of  the  district  as  shall  have  paid  a  school  tax 
therein  in  the  year  next  preceding  such  election,  and  a  ma- 
jority of  those  voting  thereon  shall  vote  in  favor  of  incurring 
such  debt. 

Sec.  8.  No  city  or  town  shall  contract  any  debt  by  loan 
in  any  form,  except  by  means  of  an  ordinance,  which  shall  be  ir- 
repealable  until  the  indebtedness  therein  provided  for  shall 
have  been  fully  paid  or  discharged,  specifying  the  purposes  to 
which  the  funds  to  be  raised  shall  be  applied,  and  providing 
for  the  levy  of  a  tax,  not  exceeding  twelve  (12)  mills  on  each 
dollar  of  valuation  of  taxable  property  within  such  city  or  town 
sufficient  to  pay  the  annual  interest  and  extinguish  the  prin- 
cipal of  such  debt  within  fifteen,  but  not  less  than  ten  years 
from  the  creation  thereof,  and  such  tax,  when  collected  shall 
be  applied  only  to  the  purposes  in  such  ordinance  specified,, 
until  the  indebtedness  shall  be  paid  or  discharged.  But  no 
such  debt  shall  be  created  unless  the  question  of  incurring  the 
same  shall  at  a  regular  election  for  councihnen,  aldermen  or 
officers  of  such  city  or  town,  be  submitted  to  a  vote  of  such 
qualified  electors  thereof  as  shall  in  the  year  next  preceding,, 
have  paid  a  property  tax  therein,  and  a  majorit}'  of  those  vot- 
ing on  the  question,  by  ballot  deposited  in  a  separate  ballot 
box,  shall  vote  in  favor  of  creating  such  debt,  but  the  aggre- 
gate amount  of  debts  so  created,  together  with  the  debt  ex- 
isting at  the  time  of  such  election  shall  not  at  any  time  exceed 
throe  per  cent  of  the  valuation  last  aforesaid.  Debts  contract- 
ed for  supply  water  to  such  city  or  town  are  excepted  from  the 
operation  of  this  section. 

The  valuation  in  this  section  mentioned  shall  be  in  all  cases 
that  of  the  assessment  next  preceding  the  last  assessment  be- 
fore the  adoption  of  such  ordinance. 

Sec.  9.  Nothing  contained  in  this  article  shall  be  so  con- 
strued as  to  either  impair  or  add  to  the  obligation  of  *any 
debt  heretofore  contracted  l)j  any  county,  city,  town  or  school 
district,  in  accordance  with  the  laws  of  Wyoming  territory  or 
prevent  the  contracting  of  any  debt,  or  the  issuing  of  bonds 
therefor,  in  accordance  with  said  laws,  upon  any  proposition 
for  that  purpose  which  may  have  been  according  to  said  laws, 
submitted  to  a  vote  of  the  qualified  electors  of  any  county, 
city,  town  or  school  district, 'before  the  day  on  which  this  con- 
stitution takes  effect. 


PROCEEDINGS  AND  DEBATES.  209 

Mr.  PRESIDENT.  If  the  convention  does  not  otherwise 
order,  this  proposition  will  be  referred  to  Coin  mil  tec  No.  11,  on 
taxation  and  public  debt.  There  being  no  objection,  it  is  so 
ordered.  Bead  the  next  proposition,  Mr.  Secretary. 

SECRETARY.    File  No.  42,  by  Mr.  Fox,  no  title. 

Sec.  1  The  legislature  of  the  state  of  Wyoming  may  enact 
general  laws  for  encouraging  the  production  of  coal  or  mineral 
oils,  and  for  refining  the  same  within  the  boundaries  of  the 
state,  and  to  regulate  the  storage,  transportation  or  waste 
thereof. 

Sec.  2.  Pipe  lines  for  the  transportation  of  coal  or  mineral 
oils,  or  natural  gas  from  a  point  of  production  within  the  lim- 
its of  the  state  to  any  other  point  in  the  state,  or  to  a  point  in 
another  or  adjoining  state,  shall  be  considered  as  common  car- 
riers to  the  end  that  all  persons,  cities,  towns,  villages,  man- 
ufactories, furnaces,  smelting  works,  or  places  within  the  state 
may  have  connection  with  the  main  pipe  line  for  the  purpose 
of  purchasing  the  product  for  fuel  or  light  for  domestic  or  man- 
ufacturing purposes. 

Sec.  3.  The  individual,  company,  or  corporation  OAvning  or 
controlling  any  pipe  line  within  the  state  shall  be  allowed 
just  and  reasonable  compensation  for  the  transportation  of 
their  products,  but  in  no  event  shall  a  greater  or  higher  price 
be  charged  the  inhabitants  of  this  state  than  is  charged  to  the 
inhabitants  of  another  or  adjoining  state,  nor  shall  such  com- 
mon carrier  discriminate  between  places,  persons,  companies, 
or  corporations  by  charging  for  such  product  a  higher  or  great- 
er price  at  one  point  than  another,  nor  between  such  persons, 
companies  or  corporations  within  the  State  of  Wyoming  with- 
out regard  to  quantity. 

Sec.  4.  These  provisions  shall  be  enforced  by  proper  leg- 
islative enactments. 

Mr.  PRESIDENT.  The  matter  seems  to  relate  mainly  to 
common  carriers.  Unless  the  convention  otherwise  order  this 
proposition  will  be  referred  to  Committee  No.  13,  on  corpora- 
tions. It  is  so  referred,  Mr.  Secretary. 

SECRETARY.    File  No.  43,  by  Mr.  Nickerson. 

Proposition  concerning  apportionment. 

That  each  organized  county  shall  constitute  a  senatorial 
district  and  shall  elect  one  senator. 

Mr.  PRESIDENT.  Is  that  all  the  propositions,  Mr.  Secre- 
tary? 

SECRETARY.    Yes,  Mr.  President. 

Mr.  PRESIDENT.  The  matter  named  in  this  resolution 
might  with  propriety  be  referred  to  either  of  the  committees, 
the  committee  on  boundaries  an  d  apportionment,  or  commit- 
tee No.  2,  on  legislative  department.  My  impressoion  is  that 
it  concerns  the  formation  of  the  legislature,  and  it  seems  to 
me  most  proper  to  send  it  to  that  committee,  especially  as  that 
committee  is  large  and  composed  of  one  member  from  each 
county.  Perhaps  the  apportionment  committee  is  also  the 
14— 


210  CONSTITUTIONAL  CONVENTION. 

same.  Yes,  I  see,  both  committees  have  a  member  from  each 
county,  but  unless  otherwise  ordered  it  will  be  referred  to  the 
committee  on  legislative  department.  Is  there  any  objection 
to  this  proposition  being  so  referred?  The  chair  hears  none  and 
it  is  referred  to  the  committee  on  legislative  department. 

SECRETARY.    File  No.  44,  preamble,  by  Mr.  Morgan. 

Preanibe:  We,  the  people  of  Wyoming,  grateful  to  Al- 
mighty God,  do  ordain  and  establish  this  constitution. 

Mr.  PRESIDENT.  Unless  otherwise  directed  by  the  con- 
vention this  proposition  will  be  referred  to  Committee  No.  1, 
on  preamble  and  declaration  of  rights.  It  is  so  referred,  Mr. 
Secretary. 

SECRETARY.  File  No.  45,  by  Mr.  Morgan,  declaration  of 
rights. 

Mr.  PRESIDENT.  The  proposition  submitted  in  File  No. 
45  will  be  referred  to  Committee  No.  1,  unless  otherwise  or- 
dered by  the  convention.  There  being  no  motion  to  otherwise 
refer  it  it  is  so  referred  to  No.  1.  Any  other  propositions,  Mr. 
"Secretary? 

SECRETARY.    File  No.  46,  by  Mr.  Morgan. 

Distribution  of  powers. 

Sec.  1.  The  powers  of  the  government  of  this  state  are  di- 
vided into  three  distinct  departments,  the  legislative,  executive 
and  judicial,  and  no  person  or  collection  of  persons  charged 
with  the  exercise  of  powers  properly  belonging  to  one  of  these 
departments  shall  exercise  any  powers  properly  belonging  to 
either  of  the  others,  except  as  in  this  constitution  expressly  di- 
rected or  permitted. 

Mr.  PRESIDENT.  There  is  no  one  committee  having  more 
rights  it  would  seem  to  consider  this  question  than  another. 
It  relates  to  the  executive  committee,  the  legislative  commit- 
tee or  to  the  judiciary  committee.  It  would  go  to  either  one 
of  those  committees,  or  to  the  committee  on  miscellaneous 
matters.  Perhaps  it  had  better  go  there.  If  the  convention  does 
not  otherwise  order  it  the  chair  will  refer  it  to  the  committee 
on  miscellaneous  matters.  There  being  no  suggestion  it  is  so 
ordered,  Mr.  Secretary. 

SECRETARY.    File  No.  47,  by  Mr.  Grant,  on  elections. 

Sec.  1.  There  shall  be  a  registration  law  and  no  one  shall 
be  entitled  to  vote  unless  he  or  she  has  registered  ten  days  be- 
fore election. 

Sec.  2.  The  Australian  system  of  elections  shall  be  adopt- 
ed, and  no  change  or  addition  to  this  system  shall  be  made  ex- 
cept such  as  shall  further  provide  against  frauds  in  elections 
and  preserve  the  secrecy  of  the  .ballot. 

Mr.  PRESIDENT.  The  last  proposition  named,  File  No. 
47,  unless  otherwise  ordered  will  be  referred  to  Committee  No. 
5,  on  elections,  right  of  suffrage,  etc.  There  being  no  objec- 
tion it  is  so  referred,  Mr.  Secretary. 

Gentlemen  of  the  convention.  It  is  proper  that  I  should 
announce  to  the  convention  at  this  tune  that  I  have  performed 


PROCEEDINGS  AND  DEBATES.  2II 


dispatch, 
by  me  was  in  substance  the  resolution  as  it  passed. 

(See  journal  page  37.) 

Mr.  PRESIDENT.  Are  there  any  further  propositions  to  be 
presented  ? 

Mr.  MORGAN.  I  have  a  resolution,  Mr.  President,  which 
I  would  like  to  offer.  I  arn  working  on  it  now  and  will  offer 
it  when  I  get  it  done. 

Mr.  COFFEEN.  I  would  like  to  occupy  this  moment,  if 
there  is  nothing.  I  wish  to  announce  that  Committee  No.  13, 
on  corporations,  is  requested  to  meet  in  the  room  on  the  east 
side  immediately  after  adjournment. 

Mr.  PRESIDENT.  The  gentleman  from  Laramie,  Mr.  Mor- 
gan. 

Mr.  MORGAN.    I  have  a  resolution. 

Mr.  PRESIDENT.    The  secretary  will  please  read. 

SECRETARY.  Resolution  by  Mr.  Morgan,  offering  thanks 
to  the  secretary. 

Mr.  MORGAN.  I  move  the  adoption  of  the  resolution,  Mr. 
President. 

Mr.  PRESIDENT.  Rule  No.  56  provides  that  resolutions 
giving  rise  to  debate  shall  lie  over  one  day  before  being  acted 
upon,  if  upon  their  introduction  any  member  shall  give  notice 
of  a  desire  to  discuss  the  propositions  therein  contained,  but 
the  chair  is  of  the  opinion  that  unless  some  member  notifies 
it  of  such  a  desire,  it  may  be  acted  upon  at  present  without 
lying  over. 

Mr.  TESCHEMACHER.  I  think  perhaps  the  secretary 
would  like  an  opportunity  to  discuss  the  subject  of  the  propo- 
sition as  the  resolution  assumes  that  he  has  undertaken  to 
pay  for  nil  these  things. 

Mr.  MORGAN.  He  acted  on  his  own  responsibility  in  get- 
ting these  tables,  stationary  and  things. 

Mr.  PRESIDENT.  As  there  seems  to  be  a  debate,  the 
resolution  will  go  over  another  day. 

Mr.  TESCHEMACHER,  I  withdraw  my  objection.  I  have 
no  desire  to  debate  the  subject. 

Mr.  MORGAN.  If  permitted  I  would  like  to  withdraw 
that  resolution.  It  was  composed  very  hastily,  and  I  don't 
know  that  it  is  worded  in  very  fine  style  or  not.  I  just  thought 
if  the  secretary  got  all  these  things  here  and  no  one  else  pays 
for  them,  he  will  have  to.  I  would  like  to  re-write  the  reso- 
lution, if  I  am  permitted. 

Mr.  PRESIDENT.  I  presume  we  all  understand  the  kindly 
feeling  which  prompted  the  offering  of  the  resolution.  The 
next  order  of  business  is  the  reports  of  standing  committees. 
Are  there  any  reports  from  standing  committees? 

Mr.  FOX.'    Mr.  President. 

Mr.  PRESIDENT.    The  gentleman  from  .Albany.  Mr.  Fox. 


212  CONSTITUTIONAL  CONVENTION. 

Mr.  FOX.  I  was  only  going  to  make  an  inquiry  in  regard 
to  resolutions  that  were  laid  over  on  Saturday  until  Monday. 
When  is  the  proper  time  that  they  should  be  called? 

Mr.  PRESIDENT.  It  was  the  intention  of  the  chair  to 
speak  about  that  matter.  The  resolutions  laid  over  were 
offered  by  Mr.  Hoyt  of  Albany,  but  he  being  absent  at  this 
time,  the  chair  thought  as  a  matter  of  courtesy,  the  chair 
thought  it  would  not  call  them  up  unless  required.  If  any 
member  desires  them  called  up  at  this  time,  they  can  be  acted 
upon. 

Mr.  FOX.  I  think  that  those  resolutions  presented  by  Mr. 
Hoyt  should  be  offered  at  this  time  for  the  reason  that  the 
senate  bill  authorizing  the  calling  of  this  convention,  speci- 
fies certain  things  which  shall  be  done  in  the  calling  of  the 
convention,  and  our  proceedings  don't  show  that  these  things 
have  been  done.  By  incorporating  the  call  of  the  governor, 
the  apportionment  of  the  territory,  etc.,  it  will  appear  regular, 
according  to  the  rules  of  congress,  and  I  think  this  resolution 
should  be  adopted  by  all  means. 

Mr.  SMITH.  I  think  what  has  been  stated  by  the  gentle- 
man from  Albany  is  true,  but  in  as  much  as  these  resolutions 
were  offered  by  Mr.  Hoyt,  and  my  impression  is  that  he  has 
some  remarks  to  make  upon  them  himself,  that  as  a  matter  of 
courtesy  to  him,  they  be  allowed  to  lay  over  until  he  is  present. 
The  matter  of  their  laying  over  a  day  or  two  will  make  no 
difference  in  getting  them  in  where  they  belong. 

Mr.  PRESIDENT.  If  there  is  no  objection  the  matter  will 
lay  over.  The  reports  of  standing  committees  are  now  in  order. 
Are  there  any  reports?  Reports  from  select  committees.  Are 
there  any  reports  from  select  committees?  Are  there  any 
final  readings  to  be  had  gentlemen?  The  resolutions  that 
were  offered  on  Saturday  will  come  in  their  regular  order. 
Will  you  present  me  the  resolutions,  Mr.  Secretarv? 

Mr.  TESCHEMACHER  If  it  is  not  too  late,  now  that 
we  have  passed  that  order,  I  would  like  to  ask  a  question  of 
one  of  the  standing  committees,  if  there  is  no  objection. 

Mr.  PRESIDENT.    No  objection,  certainly. 

Mr.  TESCHEMACHER.  I  would  like  to  ask  the  commit- 
tee on  printing  how  long  it  takes  to  print  these  resolutions 
that  we  have  asked  to  have  printed.  We  had  some  resolutions 
ordered  printed  Saturday.  I  understand  there  are  none  of 
them  here;  it  is  very  necessary  to  know  how  long  it  takes  to 
print  these  resolutions,  as  we  shall  need  them  in  the  com- 
mittees. 

Mr.  CHAIRMAN.  For  the  information  of  the  convention, 
I  will  state  that  Mr.  Slack  informed  me  on  Saturday  last 
that  these  propositions  and  resolutions  that  were  ordered 
printed  came  to  the  printing  office  in  the  form  of  copies;  that 
they  were  copied  by  the  assistant  secretary  of  the  conven- 
tion, that  it  took  considerable  time,  and  that  probably  most 
of  the  matter  that  had  been  ordered  printed  would  not  be 


PROCEEDINGS  AND  DEBATES.  213 

delivered  at  his  office  before  they  were  through  work  for  the 
day,  so  that  would  bring  them  here  late  on  Monday.  It  seems 
to  me,  however,  that  the  printing  committee  should  look  after 
these  matters  a  little.  There  are  a  great  many  resolutions 
that  are  very  short,  and  these  could  be  printed  first;  by  doing 
this,  they  could  be  supplied  to  the  members  for  their  con- 
venience within  a  very  short  time.  The  longer  matter,  which 
takes  more  labor  and  time  to  set  up  in  type,  of  course,  could 
be  delayed,  but  I  am  satisfied  we  could  get  our  printing  here 
much  earlier,  if  the  committee  on  printing  would  give  the 
matter  a  little  active  attention,  and  push  the  printer  up  a 
little.  I  don't  know  that  that  is  a  part  of  their  business,  but 
it  would  be  an  accommodation  to  the  convention  if  the  com- 
mittee would  look  after  it,  and  look  after  the  printer  more 
particularly. 

Mr.  POTTER,  It  seems  to  me  that  these  original  proposi- 
tions ought  to  go  to  the  printer;  I  think  that  is  the  customary 
way.  We  could  get  them  within  a  reasonable  time.  I  see 
no  objection  to  that.  I  think  we  could  get  them  back  from 
the  printer  without  being  mutilated  very  much  Nothing  can 
be  done  with  them  until  they  are  printed.  Although  I  don't 
know  but  by  having  them  referred  and  ordered  printed  at 
the  same  time,  the  printing  is  delayed  and  also  the  report  of 
the  committee.  I  think  they  ought  to  go  to  the  printing  com- 
mittee first. 

Mr.  PRESIDENT.  It  is  the  opinion  of  the  chair  that  un- 
der the  rules,  whenever  these  propositions  are  read  they  are 
to  be  referred  to  thrir  propr  committees;  the  rules  so  espec- 
ially provide,  but  that  would  not  seem  to  interfere  with  the 
matter  of  printing.  The  rules  also  provide,  that,  on  motion, 
nny  of  these  matters  may  be  ordered  printed.  It  does  not 
follow,  it  seems  to  me,  that  because  they  are  not  specially 
referred  to  the  printinc;  committee  that  the  printing  com- 
mittee is  not  to  look  after  any  matter  that  is  ordered  to  be 
printed,  and  it  would  seem  as  if  whenever  any  proposition  or 
resolution  is  ordered  printed,  that  it  is  in  the  hands  of  the 
printing  committee  for  that  purpose,  without  any  special  res- 
olution or  order  to  that  effect. 

Mr.  JEFFREY.  It  is  very  necessary  that  the  secretary 
understand  this  question  thoroughly,  and  it  is  my  impres- 
sion at  present  that  no  proposition  shall  be  printed,  unless 
ordered  by  the  convention. 

Mr.  PRESIDENT.     That  is  the  rule. 

Mr.  JEFFREY.  The  gentlemen  can  easily  see  the  diffi- 
culty under  which  the  secretary  labors.  It  would  not  be  con- 
sidered wise  for  the  secretary  to  allow  the  original  records 
to  go  out  of  his  hands  at  least  until  copied  into  the  journal, 
and  for  that  reason  we  have  deemed  it  necessary  to  make 
a  copy  of  all  papers  ordered  printed.  That  may,  of  course, 
cause  some  little  delay,  but  we  have  deemed  it  best  that 
that  step  should  be  taken  as  a  matter  of  safety,  and  for  that 


214  CONSTITUTIONAL  CONVENTION. 

reason  you  can  readily  see  that  where  there  are  any  long 
papers  to  be  copied  there  may  be  some  little  delays  as  our 
clerical  force  is  not  very  large. 

Mr.  HAY.  I  just  want  to  suggest,  that  if  it  can  be  done 
without  changing  the  rules,  it  seems  to  me  every  document 
should  be  referred  to  the  proper  committee,  and  they  shall 
decide  whether  that  document  shall  be  printed  or  not,  and  let 
them  make  their  recommendations  to  the  convention  as  to 
whether  it  shall  be  printed  or  not,  and  then  let  the  convention 
order  it  printed  if  they  see  fit.  I  know  of  several  instances 
where  propositions  almost  exactly  similar  have  been  sulxmit- 
ted,  the  only  difference  being  as  to  the  amounts  of  dollars,  per- 
centages, etc.,  and  it  is  not  worth  while  to  print  them  all,  and 
the  committee  to  whom  these  are  referred  can  tell  which  ones 
are  the  proper  ones  to  be  ordered  printed,  and  which  shall  not. 
They  can  decide  much  more  advisably  than  the  convention  it- 
self, and  if  a  motion  to  that  effect  be  in  order  I  now  move  that 
before  the  convention  decides  on  what  papers  shall  be  printed 
that  the  question  be  reported  on  by  the  committee  to  whom  it 
was  referred. 

Mr.  PRESIDENT.  I  would  refer  the  convention  to  rule  No, 
25,  and  No.  51,  one  of  which  refers  to  the  introduction  of  mat- 
ter and  the  other  to  the  reports  of  committee  reporting  mat- 
ter to  be  incorporated  into  the  constitution,  and  both  provide 
that  there  shall  be  no  printing  done  unless  ordered  by  the  con- 
vention. All  the  matter  that  was  introduced  this  afternoon 
was  referred  to  the  proper  committees,  but  no  motion  has  been 
made  to  have  any  of  it  printed. 

Mr.  POTTER^    Mr.  President. 

Mr.  PRESIDENT.  The  gentleman  from  Laramie,  Mr.  Pot- 
ter. 

Mr.  POTTER.  I  rise  to  a  question  of  privilege.  I  would  like 
to  have  the  journal  show  that  I  am  present  today.  Mr.  Riner, 
I  believe,  desires  the  same  privilege. 

Mr.  PRESIDENT.  I  believe  that  Mr.  Baxter  also  came  in 
late,  after  roll  call.  Are  there  any  others  ? 

Mr.  SMITH.    Mr.  Burdick  came  in  after  roll  call. 

Mr.  PRESIDENT.  Are  there  any  others?  If  there  is  no  ob- 
jection their  names  will  be  made  to  appear  on  the  minutes  as 
present.  The  chair  hears  no  objection  and  it  is  so  ordered,  Mr. 
Secreta  ry . 

Mr.  JEFFREY.    Mr.  President. 

Mr.  PRESIDENT.  The  gentleman  from  Laramie,  Mr. 
Jeffrey. 

Mr.  JEFFREY.  I  move  that  File  No.  41  be  ordered  printed. 
In  relation  to  the  limitation  of  indebtedness. 

Mr.  POTTER,    Second  the  motion. 

Mr.  PRESIDENT.  It  is  moved  that  File  No.  41  be  ordered 
printed.  Are  you  ready  for  the  question? 

Mr.  REID.    Question. 


PROCEEDINGS  AND  DEBATES. 


2I5 


Mr.  PRESIDENT.  All  in  favor  of  printing  File  No.  41  will 
say  aye.  Those  opposed  no.  The  ayes  have  it ;  No.  41  is  ordered 
printed. 

Mr.  PRESIDENT.  Files  No.  42  to  47,  is  there  any  motion 
as  to  printing  these,  or  any  of  them?  Are  there  any  matters  on 
your  desk,  Mr.  Secretary? 

SECRETARY.    None,  Mr.  President. 

Mr.  PRESIDENT.  Gentlemen  of  the  convention.  I  have 
the  two  resolutions  that  were  offered  by  Mr.  Hoyt;  no  motion 
has  been  made  that  they  go  over  until  tomorrow.  They  come 
up  in  the  regular  order  of  business  now  for  consideration. 

Mr.  CHAPLIN.  I  move  that  these  resolutions  be  permit- 
ted to  go  over  until  tomorrow. 

Mr.  SMITH.    Second  the  motion. 

Mr.  PRESIDENT.  It  is  moved  and  seconded  that  the  reso- 
lutions offered  by  Mr.  Hoyt  on  September  7th  go  over  until  to- 
morrow. All  in  favor  of  the  question  will  say  aye.  Those  op- 
posed no.  The  ayes  have  it;  the  resolutions  go  over  until  to- 
morrow for  consideration. 

Mr.  MORGAN.  I  ask  at  this  time  to  withdraw  the  resolu- 
tion I  offered  a  moment  ago;  I  have  reframed  it  in  part.  No 
vote  was  taken  upon  it  so  I  suppose  I  can  do  so  without  formal 
consent. 

Mr.  PRESIDENT.  Under  the  rules  adopted  by  this  conven- 
tion a  resolution  that  was  once  offered  and  read  by  the  secre- 
tary, or  stated  to  the  convention  by  the  chair,  is  in  the  hands 
of  the  convention.  It  may  be  withdrawn  at  any  time  if  there 
is  no  objection.  Is  there  objection  to  the  resolution  offered  by 
Mr.  Morgan  being  withdrawn?  The  chair  hears  none;  it  may  be 
withdrawn. 

Mr.  MORGAN.  I  wish  to  offer  this  as  a  substitute.  It  need: 
not  appear  as  having  been  offered  before. 

Mr.  PRESIDENT.  It  stands  as  an  original  of  course,  the 
other  having  been  withdrawn.  The  secretary  will  read. 

SECRETARY.    Resolution  by  Mr.  Morgan. 

(See  journal  page  37.) 

Mr.  PRESIDENT.  What  will  you  do  with  the  resolution^ 
gentlemen  ? 

Mr.  MORGAN.    I  move  its  adoption. 

Mr.  HAY.    Second  the  motion. 

Mr.  PRESIDENT.  It  is  moved  and  seconded  that  the  res- 
olution offered  by  the  gentleman  from  Laramie,  Mr.  Morgan, 
tendering  the  thanks  of  the  convention  to  Mr.  Meldrum  for  his 
efforts  in  fitting  up  and  preparing  the  hall  for  our  use,  be  adopt- 
ed. Are  you  ready  for  the  question?  All  in  favor  of  the  motion 
will  say  aye;  those  opposed  no.  The  ayes  have  it;  the  resolu- 
tion is  adopted. 

Mr.  PRESIDENT.  There  is  no  further  business  upon  the 
table,  gentlemen;  what  is  your  pleasure? 

Mr.  IRVINE.    Mr.  President. 


216  CONSTITUTIONAL  CONVENTION. 

Mr.  PRESIDENT.  The  gentleman  from  Converse,  Mr.  Ir- 
vine. 

Mr.  IRVINE.  I  would  like  to  move  that  an  order  be  made 
that  the  record  of  yesterday  be  so  changed  that  in  the  commit- 
tee appointed  to  meet  the  senate  committee  on  irrigation  that 
in  the  selection  of  the  delegate  from  Converse  county,  the  rec- 
ord read  the  name  of  l)e  Forest  Richards  instead  of  Mr.  M.  C. 
ISarrow,  if  I  can  get  a  second. 

Mr.  TESCHEMACHER.    Second  the  motion. 

Mr.  PRESIDENT.  The  chair  would  state  to  the  gentlemen 
from  Converse  that  in  the  opinion  of  the  chair  a  change  in  the 
record  is  not  in  order.  If  the  delegation  from  Converse  county 
desire  to  withdraw  the  name  of  the  person  that  was  before  of- 
fered, and  to  substitute  another,  it  would  within  the  opinion  of 
the  chair  be  in  their  powder  to  do  so,  if  they  so  desire. 

Mr.  IRVINE.  That  is  the  desire  of  the  delegation.  Being 
the  only  member  present  yesterday  I  named  Mr.  Barrow.  Since 
then,  in  consulting  with  my  colleague  Mr.  Harvey,  he  expressed 
the  wish  that  Mr.  De  Forest  Richards'  name  should  be  used, 
and  so  far  as  I  am  concerned  I  am  perfectly  willing  it  should 
be  done.  I  don't  know  but  what  I  should  have  named  him  at 
the  time  if  I  had  thought  of  it.  The  delegation  would  like  to 
withdraw  the  name  of  Mr.  Barrow  from  that  committee. 

Mr.  PRESIDENT.  Mr.  De  Forest  Richards  is  not  a  member 
of  this  convention,  and  the  expression  of  the  resolution  was, 
as  the  chair  remembers  it,  (and  the  secretary  of  the  convention 
agrees  with  me  as  to  what  the  purport  of  the  resolution  was) 
that  none  but  members  of  the  convention  should  be  appointed. 
Under  the  terms  of  that  resolution  the  gqntleman  from  Con- 
verse offers  to  withdraw  the  name  of  Mr.  Barrow  and  present 
the  name  of  Mr.  Richards.  I  would  suggest  that  the  other 
name  be  not  substituted  at  this  time,  but  whenever  Mr.  Rich- 
ards appears  it  can  be  supplied.  If  there  is  no  objection  on  the 
part  of  the  convention  the  name  of  Mr.  Barrow  will  be  with- 
drawn. Is  there  objection  ?  The  chair  hears  none,  and  the  name 
is  withdrawn  from  the  delegation  as  a  member  of  that  commit- 
tee from  Converse  county. 

Mr.  IRVINE.  I  cannot  see  the  point  in  the  question  raised 
that  Mr.  De  Forest  Richards  can  be  placed  upon  a  standing 
committee  and  not  on  this. 

Mr.  PRESIDENT.    The  chair  is  in  the  same  fix. 

Mr.  IRVINE.  I  think  he  has  as  much  right  to  be  placed 
upon  this  committee  as  upon  a  standing  committee;  it  seems 
strange  to  me. 

Mr.  PRESIDENT.  The  rliair  ran  make  no  explanation  but 
this,  the  sMme  explanation  that  he  made  before.  That  in  try- 
ing to  make  up  the  standing  committees  the  names  of  sreutle- 
men  were  used  in  order  to  distribute  the  honors  as  fairly  as 
possible:  they  were  not  members  of  this  convention,  and  their 
names  were  improperly  used,  no  doujbf.  A  question  has  been 
raised  as  to  the  propriety  of  that  action,  and  inasmuch  as  it 


PROCEEDINGS  AND  DEBATES. 


2I7 


has,  the  chair  does  not  feel  at  liberty  to  hold  that  any  person 
is,  or  can  be,  a  member  of  a  committee  of  this  convention  that 
is  not  a  member  of  this  convention,  and  while  the  chair  has 
appointed  some  men  who  have  not  qualified,  they  were  im- 
properly appointed,  and  being  improperly  appointed,  they  are 
not  in  fact  members  of  any  committee. 

Mr.  IRVINE.  Is  there  a  member  of  this  convention  who 
questions  the  right  of  Mr.  Richards  to  a  seat  upon  this  floor? 
Have  not  his  credentials  been  examined  by  the  committee  and 
passed  upon  favorably?  Now  I  want  the  convention  to  say 
whether  Mr.  Richards  has  a  right  on  this  committee  or  whether 
he  has  not,  and  I  believe  it  is  in  order  that  I  be  allowed  to 
make  this  motion.  If  the  convention  vote  me  down,  why  of 
course  it  is  all  right,  and  I  will  try  to  come  down  as  gracefully 
as  possible,  but  I  think  he  has  as  much  right  on  that  commit- 
tee as  any  other  member  of  this  convention.  I  therefore  move, 
if  I  can  get  a  second,  that  Mr.  De  Forest  Richards  be  placed 
upon  the  journal  as  a  member  of  this  committee. 

Mr.  FOX.    Second  the  motion. 

Mr.  CONAWAY.    Mr.  President. 

Mr.  PRESIDENT.  The  gentleman  from  Sweetwater,  Mr. 
Conn  way. 

Mr.  CONAWAY.    I  was  merely  rising  to  a  point  of  order. 

Mr.  PRESIDENT.  The  chair  was  about  to  rule  that  the 
motion  was  not  in  order.  Again,  in  the  opinion  of  the  chair  no 
persons  are  members  of  this  convention  and  are  entitled  to  be 
on  committees  if  they  have  not  taken  the  oath  prescribed  by 
the  convention  itself,  and  until  they  do  that  they  are  not  prop- 
erly members  of  the  convention.  Gentlemen,  I  say  this  in  the 
utmost  kindness,  and  not  with  any  desire  in  the  world  to  pre- 
vent Mr.  Richards  from  appearing  and  assuming  his  duties, 
but  simply  because  I  am  compelled,  as  at  present  situated, 
to  so  rule.  The  gentlemen  can  get  the  matter  before  the  con- 
vention by  an  appeal  from  the  decision  of  the  chair.  If  the 
gentleman  desires  to  offer  such  a  motion  the  chair  will  put  the 
question  on  the  appeal. 

Mr.  IRVINE.    I  have  no  desire  to  appeal. 

Mr.  FRANK.    Mr.  President. 

Mr.  PRESIDENT.    The  gentleman  from  Crook,  Mr  Frank. 

Mr.  FRANK.  I  would  make  a  motion  that  all  members 
who  have  not  appeared  be  excluded  from  the  committee,  and 
others  substituted  upon  the  standing  committees  upon  which 
they  have  been  appointed.  There  are  twro  upon  the  Crook 
county  delegation  who  have  not  appeared  and  who  will  not 
appear. 

Mr.  PRESIDENT.  Without  any  motion  to  that  effect  the 
chair  has  alreadv  ruled  that  his  appointments  on  standing  com- 
mittees of  gentlemen  who  have  not  been  swrorn  in  were  im- 
properly made,  and  stand^as  if  never  made  at  all.  I  will  fill  the 
different  committees  from  the  gentlemen  of  the  different  coun- 
ties who  are  present.  The  chair  asks  the  pardon  of  the  con- 


218  CONSTITUTIONAL  CONVENTION. 

volition  for  having  gone  astray  in  this  way,  but  it  was  sup* 
posed  at  the  time  the  standing  committees  were  made  up 
that  these  gentlemen  would  shortly  appear,  and  it  would  save 
changes  afterward.  I  will  make  the  changes  without  any  di- 
rection from  the  convention. 

Mr.  SMITH.  I  would  ask  that  there  be  a  little  delay  in  this 
matter  of  filling  these  places.  Two  of  our  best  men  are  not 
here,  one  is  sick  and  will  probajbly  not  be  here  at  all,  but  the 
other  we  are  looking  for  every  day,  and  in  case  he  comes  I 
should  like  to  keep  a  place  for  him  on  one  of  the  committees. 
He  is  deeply  interested  in  some  of  these  matters  and  I  want  to 
keep  a  place  for  him.  He  is  one  of  the  best  men  from  our 
county. 

Mr.  MORGAN.  I  would  like  to  add  a  word  to  what  Brother 
Smith  has  just  said.  Mr.  De  Forest  Richards,  I  take  it  for 
granted,  intends  to  be  here~  very  soon.  He  is  a  member  of  one 
of  my  committees  and  I  should  not  like  to  see  him  stricken 
out,  but  should  like  to  have  him  on  that  committee  when  he 
conies,  if  a  place  can  be  retained  for  him.  I  suppose  every  del- 
egation knows  whether  certain  members  have  determined  not 
to  come  at  all;  that  is  a  different  matter.,  Some  may  be  pre- 
vented by  sickness,  and  they  will  probably  be  here  soon,  and 
I  think  a  place  should  be  saved  for  them. 

Mr.  PRESIDENT.  The  gentleman  from  Converse,  Mr.  Ir- 
vine. 

Mr.  IRVINE.  I  only  wish  to  state,  as  a  number  seemed  to 
have  raised  the  question,  that  I  am  not  desirous  that  Mr.  Rich- 
ards should  be  appointed  on  any  special  committee.  I  simply 
raised  the  question  that  if  they  could  serve  on  the  committee 
they  could  on  another. 

Mr.  RINER.  Mr.  President,  I  move  we  adjourn  until  10 
o'clock  tomorrow. 

Mr.  TESCHEMACHER.    Second  the  motion. 

Mr.  PRESIDENT.  It  is  moved  and  seconded  that  we  ad- 
journ until  10  o'clock  tomorrow.  Are  you  ready  for  the  ques- 
tion? All  in  favor  of  the  motion  will  say  aye;  those  opposed 
no.  The  ayes  have  it,  the  convention  adjourns  until  10  o'clock 
tomorrow. 


EIGHTH  DAY. 
MORNING  SESSION. 

Tuesday,  September  10th. 
Convention  re-assembled  at  ten  o'clock. 
President  Brown  in  the  chair. 


PROCEEDINGS  AND  DEBATES.  219 

Mr.  PRESIDENT.    Convention  come  to  order. 

Prayer. 

Mr.  PRESIDENT.    The  clerk  will  proceed  to  call  1he  roll. 

SECRETARY.    Thirty-two  members  present,  Mr.  President. 

Mr.  PRESIDENT.  The  secretary  will  proceed  with  the  read- 
ing of  the  journal. 

(Reading  of  the  journal  of  the  fifth  day.) 

Mr.  PRESIDENT.  Are  there  any  corrections  to  be  made 
in  the  journal?  If  none  are  suggested  the  journal  will  stand  ap- 
proved as  read.  It  is  so  ordered,  Mr.  Secretary. 

Introduction  of  petitions  and  memorials. 

Mr.  CAMPBELL.  I  have  here  a  proposition  in  relation  to 
supreme  courts  which  I  wish  to  present. 

Mr.  JEFFREY.  I  have  a  proposition  concerning  the  seal  of 
the  state. 

Mr.  SMITH.    I  have  a  proposition. 

Mr.  PRESIDENT.  Are  there  any  further  propositions  or 
resolutions  this  morning? 

Mr.  CHAPLIN.    I  have  a  proposition. 

Mr.  PRESIDENT.  If  there  are  no  further  propositions  the 
clerk  will  read  those  that  have  been  sent  up  in  the  order  in 
which  they  were  presented  at  the  clerk's  desk.  . 

SECRETARY.  File  No.  48,  by  Mr.  Frank,  organization  of 
counties. 

Sec.  1.  The  several  counties  of  the  territory  of  Wyoming 
as  they  now  exist  are  hereby  recognized  as  legal  subdivisions 
of  this  state. 

Sec.  2.  No  county  shall  be  cut  off  for  the  purpose  of  form- 
ing a  new  county  or  counties,  unless  there  remain  after  the  cut 
off  or  divisionn  has  been  made  an  assessed  valuation  of  four 
million  dollars  or  over. 

Sec.  3.  No  new  counties  to  be  organized  shall  have  an  as- 
sessed valuation  of  two  million  dollars  or  over  nt  the  ti?ne  of 
such  organization. 

Mr.  PRESIDENT.  The  proposition  offered,  establishing  the 
counties  as  they  now  exist  seems  to  establish  the  boundaries  of 
the  counties.  Does  the  gentleman  who  proposed  this  proposi- 
tion desire  it  referred  to  any  particular  committee?  It  may 
go  to  Committee  No.  6,  on  boundaries  and  apportionment,  or  to- 
Committee  No.  12,  on  county,  city  and  town  organizations. 

Mr.  FRANK.    I  have  so  marked  it,  No.  12. 

Mr.  PRESIDENT.  If  there  is  no  objection  it  will  be  re- 
ferred to  Committee  No.  12.  There  being  no  objection  it  is  so 
referred.  The  secretary  will  read  the  next  proposition. 

SECRETARY.  File  Na  49,  on  suffrage  and  elections,  by 
Mr.  Frank. 

Sec,  1 .  Except  as  in  this  article  otherwise  provided  every 
male  citizen  of  the  United  States,  twenty-one  years  old,  who 
has  actually  resided  in  this  state  for  six  months  and  in  the 
county  where  he  offers  to  vote  sixty  days  next  preceding  the  day 


220  CONSTITUTIONAL  CONVENTION. 

of  election,  is  a  qualified  elector.  Women,  who  have  the  quali- 
fications prescribed  in  this  article  may  hold  such  school  offices 
and  vote  at  such  school  elections  as  may  be  provided  by  the 
laws  of  the  state  of  Wyoming. 

Mr.  PRESIDENT.  Unless  otherwise  ordered  by  this  conven- 
vention  this  proposition  will  be  referred  to  Committee)  No.  5, 
on  elections,  right  of  suffrage,  etc.  There  being  no  objection  it 
is  so  ordered. 

SECRETARY.  File  No.  50,  by  Mr.  Campbell,  concerning 
the  creation  of  a  supreme  court. 

Judicial  department. 

Sec.  1.  The  judicial  department  of  the  state  as  to  matters 
of  law  and  equity  except  in  this  constitution  otherwise  provid- 
ed shall  be  vested  in  a  supreme  court,  district  courts,  justices 
of  the  peace,  and  such  other  courts  as  may  be  created  by  law 
for  cities  and  incorporated  towns. 

Supreme  court. 

Appellate  jurisdiction. 

Sec.  2.  The  supreme  court  except  as  otherwise  provided 
in  this  constitution  shall  have  appellate  jurisdiction  only, 
which  shall  be  co-extensive  with  the  state,  and  shall  have  a 
general  superintending  control  over  all  inferior  courts,  ander 
such  regulations  and  limitations  as  may  be  prescribed  by  law. 

Power  to  issue  writs,  Injunction,  mandamus,  etc. 

See.  3.  It  shall  have  power  to  issue  writs  of  habeas  corpus, 
mandamus,  quo  warranto,  certiorari,  injunction  and  other  orig- 
inal and  remedial  writs,  with  authority  to  hear  and  determine 
the  same. 

Two  terms  annually. 

Sec.  4.  At  least  two  terms  of  the  supreme  court  shall  be 
held  each  year  at  the  seat  of  government. 

Three  judges,  majority  quorum. 

Sec.  5.  The  supreme  court  shall  consist  of  three  judges, 
a  majority  of  whom  shall  be  necessary  to  form  a  quorum  or  pro- 
nounce a  decision. 

Judges  shall  be  elected. 

Sec.  6.  The  judges  of  the  supreme  court  shall  be  elected 
by  the  electors  of  the  state  at  large  as  hereinafter  provided. 

Term  of  office  nine  years. 

Sec.  7.  The  term  of  office  of  the  judges  of  the  supreme 
court  except  as  in  this  article  otherwise  provided  shall  be 
nine  years. 

Sec.  8.  The  judges  of  the  supreme  court  shall  immediate- 
ly after  the  first  election  under  this  constitution  be  classified  by 
lot  so  that  one  shall  hold  his  office  If  or  the  term  of  three  years, 
one  for  the  term  of  six  years  and  one  for  the  term  of  nine  years. 
The  lot  shall  be  drawn  by  the  judges,  who  shall  for  that  pur- 
pose assemble  at  the  seat  of  government,  and  they  shall  cause 
the  result  thereof  to  be  certified  to  the  secretary  of  the  terri- 
tory, and  filed  in  his  office.  The  judge  having  the  shortest  term 


PROCEEDINGS  AND  DEBATES.  221 

to  serve,  not  holding  his  office  by  appointment  or  election  to  fill 
a  vacancy,  shall  be  the  chief  justice,  and  shall  preside  at  all 
terms  of  the  supreme  court,  and  in  case  of  his  absence,  the 
judge  having  in  like  manner  the  next  shortest  term  to  serve 
shall  preside  in  his  stead. 

Clerk  of  supreme  court,  emoluments. 

Sec.  9.  There  shall  be  a  clerk  of  the  supreme  court,  who 
shall  be  appointed  by  the  judges  thereof,  and  who  shall  hold 
his  office  during  the  pleasure  of  said  judges,  and  whose  duties 
and  emoluments  shall  be  as  prescribed  by  law,  and  by  the  rules 
of  the  supreme  court. 

Qualifications  of  supreme  judges. 

Sec.  10.  No  person  shall  be  eligible  to  the  office  of  judge 
of  the  supreme  court,  unless  he  be  learned  in  the  law,  have  been 

in  actual  practice  at  least  ten  years,  at  least 

years  of  age  and  a  citizen  of  the  United  States,  nor  unless  he 

shall  have  resided  in  this  state  or  territory  at  least 

years  next  preceding  his  election. 

Mr.  PRESIDENT.  File  No.  50,  unless  otherwise  ordered, 
Avill  be  referred  to  Committee  No.  4,  on  judiciary.  The  next 
file,  Mr.  Secretary. 

SECRETARY.    File  No.  51,  by  Mr.  Jeffrey. 

Mr.  PRESIDENT.  File  No.  51.  unless  otherwise  ordered  by 
the  convention,  will  be  referred  to  Committee  No.  3,  executive 
department.  There  being  no  objection,  it  is  so  referred,  Mr. 
Secretary. 

Are  there  any  further  propositions,  Mr.  Secretary? 

SECRETARY.  Yes,  Mr.  President,  File  No.  52,  by  Mr. 
Smith,  concerning:  railroads. 

Mr.  PRESIDENT.  File  No.  52,  unless  otherwise  ordered, 
will  be  referred  to  Committee!  No.  14,  on  railroads  and  tele- 
graphs. It  is  so  ordered,  Mr.  Secretary. 

SECRETARY.    File  No  53,  by  Mr.  Chaplin. 

Mr.  PRESIDENT.  Unless  otherwise  ordered  File  No.  53 
will  be  referred  to  Committee  No.  1,  on  preamble  and  bill  of 
rights. 

SECRETARY.    File  No.  54,  by  Committee  No.  8. 

Mr.  PRESIDENT.  Mr.  Secretary,  is  this  reported  by  the 
committee  as  matter  for  the  constitution? 

Mr.  JOHNSTON.    It  is  simply  reported  as  a  proposition. 

Mr.  PRESIDENT.  I  think  it  had  better  be  read  under  the 
head  of  reports  of  committees,  Mr.  Secretary.  Are  there  any 
further  propositions,  not  reports  of  committees? 

SECRETARY.  File  No.  54,  by  Mr.  Grant,  relating  to  pub- 
lic indebtedness. 

Mr.  PRESIDENT.  File  No.  54  unless  otherwise  ordered  by 
the  convention,  will  be  referred  to  Committee  No.  11,  taxation 
and  public  debt.  It  is  so  referred,  Mr.  Secretary. 

SECRETARY.    File  No.  55,  by  Mr.  Grant,  entitled  revenue. 

Mr.  PRESIDENT.    File  No.  55  will  be  referred  to  Commit- 


222  CONSTITUTIONAL  CONVENTION. 

tee  No.  11  unless  otherwise  ordered  by  the  convention.  It  is 
so  ordered,  Mr.  Secretary. 

SECRETARY.  File  No.  56,  by  Mr.  Kiner,  proposition  in 
relation  to  the  executive  department. 

Mr.  PRESIDENT.  File  No.  '56  unless  otherwise  ordered 
will  be  referred  to  Committee  No.  3,  executive  department.  Any 
further  propositions,  Mr.  Secretary? 

SECRETARY.    None,  Mr.  President. 

Mr.  PRESIDENT.  The  next  order  of  business  reports  from 
committees. 

Mr.    BURRITT.    Mr.  President. 

Mr.  PRESIDENT.  The  gentleman  from  Johnson,  Mr.  Bur- 
ritt. 

Mr.  PALMER.    Mr.  President, 

Mr.  PRESIDENT.  The  gentleman  from  Sweet  water,  Mr. 
Palmer. 

Mr.  PALMER.  I  desire  to  obtain  the  consent  of  the  con- 
vention that  Mr.  Hopkins  be  excused  until  Thursday,  he  having 
been  called  home  on  business  of  importance. 

Mr.  PRESIDENT.  Is  there  objection  to  Mr.  Hopkins  being 
excused  until  Thursday  next?  The  chair  hears  no  objection, 
Mr.  Hopkins  stands  excused  by  unanimous  consent. 

Mr.  McCANDLISH.  Mr.  President,  if  in  order,  I  move  that 
File  No.  52,  Mr.  Smith's  railroad  bill,  be  printed. 

Mr.  POTTER,    Second  the  motion. 

Mr.  PRESIDENT.  Gentlemen,  it  is  moved  and  seconded 
that  File  No.  52,  on  railroads  and  telegraphs,  be  printed.  Are 
you  ready  for  the  question? 

Mr.  TESCHEMACHER.    Mr.  President. 

Mr.  PRESIDENT.  The|  gentleman  from  Laramie,  Mr. 
Teschemacher. 

Mr.  TESCHEMACHER,  I  would  like  at  this  time  to  bring 
up  this  printing  matter  again.  It  seems  to  me  a  waste  of  time 
and  money  to  print  any  of  these  propositions  which  are  simply 
as  I  understand,  passing  to  the  various  committees.  Let  the 
propositions  go  as  they  are  to  the  committees,  and  then  as 
soon  as  any  committee  is  ready  to  report  to  this  body,  let  this 
report  be  printed.  We  shall  have  to  vote  on  their  proposition 
and  to  change  and  amend  their  report.  If  we  go  on  printing  all 
these  propositions  and  resolutions,  or  any  of  the  various  prop- 
ositions  that  come  in  here,  we  will  very  soon  have  a  very  large 
printing  bill,  and  a  great  deal  of  time  will  be  taken  up.  I  still 
see  that  none  of  these  bills  that  were  ordered  printed  last  Sat- 
urday, or  Friday,  have  appeared  here  yet,  and  it  seems  to  me 
that  it  is  a  great  waste  of  time  to  proceed  in  this  way.  I  bring 
the  question  up  now  to  have  some  decision  made. 

Mr.  PRESIDENT.    Is  there  any  debate  on  this  question? 

Mr.  MORGAN.  I  agree  with  my  colleague  for  the  reasons 
he  has  just  given  about  this  printing  matter.  I  am  satisfied 
that  these  committees  will  take  up  these  various  propositions, 


PROCEEDINGS  AND  DEBATES.  223 

read  them  over  and  consider  them  advisably.  There  are  many 
propositions  heve  veiy  similar  in  character,  and  if  we  print  any 
of  them  we  ought  to  print  them  all.  Let  the  committee  report 
what  shall  be  printed.  Again,  when  that  committee  makes  up 
its  mind,  gets  ready  to  report,  it  will  formulate  a  recommenda- 
tion to  the  convention,  the  subject  matter  of  which  they  will 
submit  to  the  convention.  That  will  come  up.  -If  I  find  that  in 
their  report  the  committee  has  omitted  some  proposition  that 
1  have  made  and  care  for,  I  will  try  to  have  them  include  that 
in  their  report.  We  are  having  material  handed  in  here  all  the 
time,  and  we  have  not  laid  the  foundation  of  the  building.  We 
commence  the  superstructure,  we  put  in  stone  after  stone  in 
that  shape,  and  if  any  material  is  wrong  it  will  be  taken  out, 
it  will  be  chiselled  and  made  ready  for  the  building  in  some 
way  before  we  go  on  building  the  superstructure.  Gentlemen, 
let  us  not  make  a  mistake  in  this  matter,  let  us  have  these  mat- 
ters go  to  their  appropriate  committees  first. 

Mr.  PRESIDENT.  Gentlemen,  the  question  is  on  the  mo- 
tion to  print  File  No.  52.  Are  you  ready  for  the  question?  All 
in  favor  of  the  motion  to  print  will  say  aye,  those  opposed  no. 
The  noes  seem  to  have  it,  the  motion  to  print  is  lost. 

Mr.  HAY.  Mr/  President,  I  am  going  to  make  a  motion 
again  that  I  made  yesterday,  but  to  which  I  could  not  even  get 
a  second,  but  I  think  the  matter  has  been  considered  more 
fully,  and  I  may  get  one  now.  I  move  that  where  propositions 
are  referred  to  standing  committees  that  these  committees  be 
requested  to  make  immediate  report  as  to  whether  they  shall 
be  printed  or  not,  and  upon  such  report  the  convention  shall 
take  action. 

Mr.  JOHNSON.    Second  the  motion. 

Mr.  PRESIDENT.  The  gentleman  from  Sheridan,  Mr.  Cof- 
feen. 

Mr.  COFFEEN.  Mr.  President,  I  only  rose  to  second  the 
motion,  with  the  amendment,  or  suggestion,  that  we  be  not 
pressed  to  report  too  soon. 

Mr.  CAMPBELL.  Is  that  not  an  amendment  to  the  rules, 
which  requires  one  day's  notice? 

Mr.  PRESIDENT.  *  I  was  about  to  look  it  up.  Gentlemqn 
of  the  convention,  I  desire  to  call  your  attention  to  two  rules 
under  the  head  of  printing,  Rules  No.  25  and  51,  both  of  which 
touch  upon  this  question.  It  seems  to  me,  I  do  not  feel  very 
confident  upon  that  question,  but  it  seems  to  me  that  the  mo- 
tion made  by  the  gentleman  from  Laramie  possibly  implies  an 
amendment  to  the  rules.  Rule  25  says  "every  petition  and  me- 
morial shall  be  referred  on  motion  without  putting  the  ques- 
tion for  that  purpose,  unless  the  reference  be  objected  to  by  a 
member  at  the  time  of  its  presentation.  No  petition  or  me- 
morial or  other  matter  shall  be  printed  without  the  special 
order  of  the  convention."  That  is  the  rule.  All  of  it  that  re- 
fers to  printing  is  the  last  part.  Rule  No.  51  refers  to  the  re- 


224 


CONSTITUTIONAL  CONVENTION. 


ports  of  committees  as  to  printing.  "All  reports  of  the  com- 
mittees containing  matter  to  be  incorporated  in  the  constitu- 
tion shall  be  considered  in  the  order  in  which  the  reports  are 
made,  and  upon  their  introduction  and  full  reading  before  the 
convention  such  matters  to  be  incorporated  shall  be  laid  upon 
the  table  and  (when  so  ordered)  to  be  printed,  and  when  printed 
(if  so  ordered),  shall  be  placed  upon  the  calender  to  be  consid- 
ered in  the  committee  of  the  whole  convention,  and  if  not  or- 
dered printed  they  shall  be  immediately  placed  upon  the  cal- 
ender !  o  be  considered  by  the  committee  of  the  whole." 

Now  the  motion,  as  I  understand  it,  of  the  gentleman  from 
Laraniie,  is  that  when  propositions  are  referred  to  committees, 
the  committees  may  report  them  back  for  printing,  or  other- 
wise, as  they  please.  Of  course,  that  would  be  an  addition  to 
the  rules,  as  they  now  stand,  and  to  that  extent  it  would  seem 
to  be  an  amendment  to  these  rules.  It  is  not  practically  chang- 
ing the  rules,  as  to  any  proposition  that  would  come  up  mider 
the  rules,  because  this  matter  of  printing  is  in  the  hands  of 
the  convention  as  the  rules  are  now,  and  as  it  will  be  if  the 
motion  of  the  gentleman  from  Laramie,  Mr.  Hay,  should  pre- 
vail, to  order  printed  or  otherwise  such  matters  as  they  may 
see  fit  when  reported  back  by  these  various  committees.  I 
am  under  the  impression  that  the  motion  to  amend  should 
lie  over  under  the  rules  until  to-morrow.  Of  course,  if  the 
convention  is  desirous  of  an  immediate  consideration  of  the 
motion  to  amend  the  rules  as  it  now  stands  carrying  the  mo- 
tion over  until  to-morrow,  the  rules  may  be  suspended. 

Mr.  HAY.  The  motion  I  made  was  not  intended  to  make 
any  change  in  the  rules,  but  was  simply  a  suggestion  as  to 
the  method  of  carrying  out  the  rule,  and  the  motion  was  not 
made  to  get  the  ordering  of  the  printing  out  of  the  hands  of 
the  convention  at  all',  but  simply  to  enable  the  committees  to 
adjust  the  matter  and  recommend  to  the  convention  whether 
the  printing  ought  to  be  done  or  not,  the  question  of  order- 
ing the  printing  or  not,  still  remaining  in  the  hands  of  the 
convention. 

Mr.  PRESIDENT.  It  is  only  a  slight  alteration  to  the  rules 
as  an  addition  to  the  rules,  of  course.  A  motion  to  suspend, 
and  an  immediate  consideration  of  the  proposition  will  re- 
lieve the  convention  from  any  difficulty  at  all. 

Mr.  RINER.  I  think  the  suggestion  as  to  the  printing 
that  it  be  done  only  upon  the  report  of  the  standing  commit- 
tees, a  good  one,  and  I  therefore  suggest  that  the  rules  be 
suspended  for  the  purpose  of  taking  action  upon  an  aniend- 
ihent  to  our  rules.  It  seems  to  me  that  the  matter  ought  to 
have  immediate  attention. 

Mr.  TESOHEMACHER.    Second  the  motion. 

Mr.  PRESIDENT.  It  is  moved  that  the  rules  be  suspended 
for  the  purpose  of  taking  a  vote  upon  the  proposed  amend- 
ment to  our  rules.  Are  you  ready  for  the  question?  All  in 


PROCEEDINGS  AND  DEBATES.  225 

favor  of  the  motion  will  say  aye;  those  opposed,  no.    The  ayes 
seem  to  have  it;  is  a  division  called  for? 

Mr.  SMITH.  The  rules  can  only  be  suspended  by  a  two- 
thirds  vote. 

Mr.  PRESIDENT.  The  chair  is  under  the  impression  that 
two-thirds  so  voted.  Perhaps  the  roll  had  better  be  called. 
All  in  favor  of  the  suspension  of  the-  rules  will  say. aye,  as 
their  names  are  called;  those  opposed  will  say  no. 

(Calling  of  the  roll.) 

Mr.  PRESIDENT.  Gentlemen,  the  vote  on  the  motion  to 
suspend  the.  rules  is  as  follows:  Ayes,  35;  noes,  5;  Absent  9. 
The  rules  are  suspended  under  our' rule  by  a  two-thirds  vote 
of  those  present.  Two-thirds  having  Aroted  in  the  affirmative, 
the  motion  to  suspend  prevails.  The  question  now  is  on  the 
adoption  of  the  motion  made  by  the  gentleman  from  Laramie, 
Mr.  Hay.  Will  the  gentleman  put  his  motion  in  writing,  so 
we  may  have  it  to  incorporate  properly  into  the  rules. 

Mr.  TESCHEMACHER.  I  would  like  to  move  an  amend- 
ment to  the  motion  of  the  gentleman  from  La  ramie,  Mr.  Hay. 

Mr.  HAY.  I  withdrew  that  motion  that  I  made;  I  did  not 
make  it  with  the  intention  of  amending  the  rules. 

Mr.  PRESIDENT.  The  motion  to  suspend  in  order  that 
that  motion  might  be  passed  upon,  having  once  been  in  the 
hands  of  the  convention,  the  gentleman  will  please  formulate 
his  motion  so  that  it  may  come  before  the  convention. 

Mr.  IRVINE.  I  rise  to  a  point  of  order.  I  don't  think 
that  that  was  the  objection  of  the  motion  to  suspend.  The 
vote  was  that  we  should  suspend  the  rules  so  as  to  change 
our  present  rules.  That  is  the  way  I  understand  it. 

CHAIR.  The  motion  of  the  gentleman  from  Laramie,  Mr. 
Hay,  was  in  substance,  as  I  remember  it,  this:  That  all  pro- 
positions referred  to  the  committees  should  be  considered  by 
them,  and  reported  back  for  printing,,  if  they  so  desire,  or 
something  to  that  effect.  I  suppose  that  is  an  amendment, 
or  an  addition  to  the  rules,  under  which  we  are  now  working. 
We  have  suspended  the  rules  in  order  to  act  upon  that  matter. 

Mr.  TESCHEMACHER.  I  think  you  have  probably  over- 
looked the  fact  that  it  was  Mr.  Riner  who  made  the  motion 
to  suspend  the  rules.  It  was  after  Mr.  Hay's  motion  was  with- 
drawn. His  motion  was  not  before  the  house  at  all.  I  moved 
to  amend  his  motion,  and  then  Mr.  Riner,  of  Laramie,  moved 
to  suspend  the  rules  in  order  to  change  our  present  rules,  which 
motion  was  seconded,  and  you  declared  it  in  order,  and  the 
rules  were  suspended  in  accordance  with  that. 

Mr.  BURRITT.  I  rise  to  a  question  of  explanation,  if  I 
am  allowed  to  make  it.  I  supposed  that  the  object  in  suspend- 
ing these  rules  was  to  get  rule  No.  51  out  of  the  way  tempo- 
rarily. I  can  discover  no  object  in  it,  and  for  that  reason  I 
voted  no. 

Mr.  SMITH.    I  would  call  attention  to  rule  No.  59,  "that 
15 — 


225  CONSTITUTIONAL  CONVENTION. 

these  rules  shall  not  be  altered  except  after  at  least  one  day's 
notice — and  then  only  by  a  majority  vote  of  the  members  of 
the  convention."  I  was  lajboring  under  the  impression  that 
this  was  an  amendment  to  the  rules,  as  I  do  not  see  that  it 
helps  matters  any  to  suspend  the  rules,  for  if  the  object  was 
to  amend  the  rules  they  could  not  be  amended  even  on  a  sus- 
pension of  the  rules,  until  after  one  day's  notice.  This  is  my 
construction,  at  least,  of  rule  No.  59. 

Mr.  PRESIDENT.  If  we  have  suspended  Rule  No.  59,  as 
to  the  necessity  of  one  day's  notice,  we  don't  act  under  it.  I 
understood  the  motion  of  the  gentleman  from  Laramie  to  be 
to  suspend  the  rule  requiring  one  day's  notice,  in  order  to  alter 
the  rules. 

Mr.  RTNER.  If  I  may  be  allowed  to  explain,  the  chair  has 
stated  my  motion  exactly.  My  motion  was  to  suspend  the  rules 
in  order  that  immediate  action  might  be  taken  in  relation  to 
the  amendment  of  rules  in  regard  to  this  matter  of  printing. 
That  was  my  motion,  and  the  vote  was  taken  and  the  rule  sus- 
pended. 

Mr.  SMITH.  That  still  would  not  reach  the  question.  The 
motion  was  made  to  suspend  the  rules  in  order  to  consider  the 
motion  pending.  That  motion  was  seconded  and  stated  to  the 
convention,  and  the  motion  could  only  be  made  as  to  that,  and 
if  not  made  as  to  that  then  the  motion  was  out  of  order,  and 
being  out  of  order  could  not  be  made  at  all. 

Mr.  PRESIDENT.  Will  the  gentleman  from  Laramie  put 
his  motion  in  form  so  it  can  be  read. 

Mr.  HAY.  I  am  having  it  attended  to.  I  have  employed 
an  attorney  to  write  it  up. 

Mr.  COFFEEN.  Mr.  President,  I  believe  we  are  all  after  the 
same  result,  and  the  only  question  is  as  to  the  method  of 
reaching  it.  Rule  25  requires  "that  every  petition  and  memo- 
rial shall  be  referred  on  motion  without  putting  the  question 
for  that  purpose  unless  the  reference  be  objected  to  by  a  mem- 
ber at  the  tune  of  its  presentation.  No  petition  or  memorial  or 
other  matter  shall  be  printed  without  the  special  order  of  the 
convention."  That  is  the  rule  as  I  understand  it.  The  point 
we  want  to  reach  is  this,  that  no  action  shall  be  taken  on  the 
motion  ordering  the  printing  of  any  proposition  until  the  com- 
mittee on  that  document  recommends  to  this  convention  that 
it  should  do  so.  I  move  therefore  that  it  is  the  sense  of  this  con- 
vention that  we  hear  the  reports  of  the  committees  to  which 
these  resolutions  are  referred  before  taking  action  in  regard  to 
their  printing. 

Mr.  PRESIDENT.    That  in  substance  is  embodied  in  the  mo- 
tion proposed  by  the  gentleman  from  Laramie. 

Mr.  RINER.  I  move  that  Rule  No.  4  be  suspended  for  fif- 
teen minutes  while  the  attorney  prepares  the  motion. 

Mr.  BAXTER.    Second  the  motion. 


PROCEEDINGS  AND  DEBATES. 


227 


Mr.  PRESIDENT.  In  order  to  get  at  the  end  desired  by 
the  motion.to  suspend  Rule  4,  perhaps  we  had  better  take  a 
recess. 

Mr.  SMITH.  I  desire  to  move  that  the  Laramie  delegation 
be  allowed  to  retire  for  fifteen  minutes. 

Mr.  BURRITT.  I  desire  to  move  that  we  proceed  with  the 
order  of  the  day. 

Mr.  PALMER.    Second  the  motion. 

Mr.  MORGAN.  I  rise  to  a  point  of  order.  This  motion  is 
out  of  order  because  the  convention  has  already  agreed  to  sus- 
pend the  rules.  This  motion  cannot  be  in  order  until  that  mo- 
tion is  reconsidered  and  passed  in  the  convention. 

Mr.  SMITH.  I  rise  to  a  point  of  order.  The  gentleman 
from  Laramie  is  out  of  order  because  a  question  is  not  debat- 
able until  stated  to  the  convention. 

Mr.  FRANK.  I  rise  to  a  point  of  information.  Have  we 
suspended  the  entire  rules  or  only  Rule  59? 

Mr.  PRESIDENT.  We  have  suspended  so  much  of  Rule  59 
as  refers  to  the  matter  of  notice. 

Mr.  HAY.  Mr.  President,  I  move  to  amend  Rule  25  by  insert- 
ing in  lieu  of  the  last  clause  the  following:  No  petition,  resolu- 
tion, memorial  or  proposition  shall  be  printed  until  the  conven- 
tion have  the  report  thereon  from  the  committee  to  which  it 
was  referred  for  consideration,  except  by  unanimous  consent  of 
the  convention.  I  move  the  adoption  of  that  motion. 

Mr.  RINER,    Second  the  motion. 

Mr.  PRESIDENT.  The  motion  is  on  the  adoption  of  the 
resolution  offered  by  the  gentleman  from  Laramie  to  amend 
the  rules.  Are  you  ready  for  the  question? 

Mr.  BURRITT.  Mr.  President.  I  object  to  this  amendment 
to  the  rules  for  this  reason.  Committee  No.  8,  this  morning, 
has  presented  a  proposition  upon  a  subject  which  is  to  a  large 
number  of  the  convention,  to  a  large  number  of  the  people  of 
the  territory,  in  fact  of  the  United  States,  a  new  question, 
namely,  that  of  irrigation  and  water  rights.  LTnder  the  ruling 
of  the  president  this  has  gone  into  the  second  order  of  the 
day,  reports  of  standing  committees.  The  committee  in  that  re- 
port expressly  state  that  it  is  not  so  intended.  In  this  report 
they  have  planned  out  a  plan,  or  skeleton,  in  reference  to  this 
matter,  which  we  do  not  wish  to  go  before  the  committee  of 
the  whole,  but  which  we  wish  printed  and  read  before  this  con- 
vention in  order  that  it  may  be  consideded.  In  some  respects 
it  is  radical  and  different  from  anything  that  any  state  or  ter- 
ritory in  the  union  now  has.  This  entire  matter  of  irrigation  is 
a  matter  of  experiment  very  largely,  and  if  this  amendment  to 
the  rules  is  passed  this  cannot  be  printed  unless  it  is  done  at 
private  expense.  I  take  it  that  this  convention  is  composed 
of  intelligent  men,  we  know  what  we  want  printed  and  what  we 
do  not.  This  is  not  a  report  of  the  committee  for  a  proposition 
to  be  incorporated  into  the  constituiton,  how  far  the  committee 


228  CONSTITUTIONAL  CONVENTION. 

may  recommend  the  matter  contained  in  this  report  be  incor- 
porated in  the  constitution  I  am  not  prepared  to  say,  but  it 
was  especially  understood  in  the  committee  that  although  the 
report  was  the  unanimous  report  of  the  committee  it  was  not 
considered  as  a  report  of  the  committee  to  be  incorporated  into 
the  constituiton  finally,  but  merely  as  a  proposition,  and  this 
committee  so  sent  it  up  to  the  chair.  If  this  motion  prevails 
this  cannot  be  printed,  and  for  the  reasons  stated  I  am  opposed 
to  the  motion. 

Mr.  CONAWAY.  As  I  understand  this  amendment  to  the 
rules,  this  proposition  which  has  come  from  its  committee,  has 
come  through  the  proper  channel,  and  it  would  be  proper  to 
order  the  proposition  to  be  printed. 

Mr.  COFFEEN.    That  is  my  understanding  of  it. 

Mr.  MORGAN.    T  wish  to  offer  a  substitute. 

Mr.  PRESIDENT.  For  the  information  of  the  convention 
and  the  chair,  will  the  secretary  read  the  resolution  offered  by 
the  gentleman  from  Laramie,  Mr.  Hay. 

(Resolution  of  Mr.  Hay  re-read.) 

Mr.  PRESIDENT.    Now  read  Mr.  Morgan's  substitute. 

"All  propositions  containing  matter  to  be  incorporated  in 
the  constitution  shall  be  referred  to  its  proper  committee,  and 
said  committee  shall  report  at  once  as  to  whether  such  propo- 
sition be  printed  or  not.  No  petition,  or  memorial  or  other  mat- 
ter shall  be  printed  without  special  order  of  the  convention." 

Mr.  PRESIDENT.  You  have  heard  the  amendment  of  the 
gentleman  from  Laramie,  Mr.  Morgan.  What  is  your  pleas- 
ure? 

Mr.  MORGAN.  A  word  in  explanation  only.  I  do  not  press 
this  matter,  but  simply  offer  it  thinking  perhaps  it  will  get  at 
the  matters  a  little  better.  I  have  left  the  latter  part  of 
Rule  25  intact,  as  you  shall  see.  Then  again,  there  might  be 
some  memorials  that  we  might  want  to  have  printed  without 
the  special  order  of  the  committee,  and  we  don't  want  to  put 
anything  in  their  road.  I  just  offer  this  as  a  suggestion,  and  if 
the  convention  think  best  not  to  adopt  it,  why  they  need  not 
do  it, 

Mr.  FOX.  I  don'  see  anything  here  to  amend.  Now  this 
Rule  25  covers  everything.  "No  petition,  or  memorial  or  other 
matter  shall  be  printed  without  the  special  order  of  the  conven- 
tion." I  don't  see  that  this  amendment  is  going  to  help  us  a 
bit.  I  am  opposed  to  the  amendment. 

Mr.  TESCHEMACHER.  Mr.  President,  I  think  the  great 
mistake  is  that  some  of  us  are  forgetting  that  there  are  two 
rules,  and  are  talking  about  one,  when  all  the  discussion  has 
arisen  on  another  rule  altogether.  Rule  25,  as  it  now  stands, 
refers  expressly  to  petitions  and  memorials.  These  have  noth- 
ing to  do  with  these  resolutions  and  bills,  which,  of  course,  all 
this  discussion  is  about.  The  discussion  came  on  Rule  51,  and 
I  would  like  if  in  order,  to  move  an  amendment  to  that  rule. 


PROCEEDINGS  AND  DEBATES.  229 

Tt  seems  to  me  that  Rule  25,  as  my  colleague  from  Albany 
states,  fills  all  the  requirements;  it  provides  just  how  memo- 
rials and  petitions  shall  be  printed,  and  no  amendment  to  that 
could  improve  it  in  any  way,  but  Rule  51  is  the  one  that  I  would 
like  to  have  discussed,  and  I  move  as  an  amendment  to  51  the 
following : 

"All  reports  of  the  committees  containing  matter  to  be  in- 
corporated in  the  constitution  shall  be  considered  in  the  or- 
der in  which  the  reports  are  made,  and  upon  their  introduction 
and  full  reading  before  the  convention,  such  matters  to  be  in- 
corporated shall  be  referred  immediately  to  the  printing  com- 
mittee and  when  printed  shall  be  placed  upon  the  calender,  to 
be  considered  in  the  committee  of  the  whole  convention.  No 
other  matter  shall  be  printed  except  by  unanimous  con- 
sent of  the  convention." 

It  seems  to  me  that  in  this  way  this  question  of  printing 
can  be  disposed  of  and  we  can  save  all  the  time  that  is  expend- 
ed in  printing  all  these  resolutions.  Unfortunately  we  have 
only  plain  deal  tables  here,  and  not  lock  desks,  and  we  cannot 
keep  track  of  all  these  resolutions  even  after  they  have  been 
printed,  and  I  think  we  will  be  spending  a  great  deal  of  un- 
necessary time  and  money.  If  I  get  a  second  I  would  like  to 
make  a  motion. 

Mr.  MORGAN.  I  withdraw  my  substitute  and  second  the 
motion  of  Mr.  Teschemacher. 

Mr.  HAY.    I  also  withdraw  my  motion. 

Mr.  IRVINE.  I  second  the  motion  of  the  gentleman  from 
Laramie,  Mr.  Teschemacher. 

Mr.  PRESIDENT.  Will  the  amendments  be  presented  in 
writing  so  we  can  insert  it  into  the  rules,  as  requested. 

Gentlemen  of  the  convention;  the  motion  of  the  gentleman 
from  Laramie,  Mr.  Hay,  was  to  amend  the  rules  as  to  the  mat- 
ter of  printing.  The  gentleman  from  Laramie,  Mr.  Riner,  mov- 
ed that  the  rules  be  suspended  for  the  consideration  of  this 
motion;  to  amend  our  rules  as  to  printing. 

The  gentleman  from  Laramie,  Mr.  Morgan,  proposed  a  sub- 
stitute for  the  resolution  offered  by  Mr.  Hay.  Mr.  Morgan  asks 
to  withdraw  his  resolution  offered  as  a  substitute,  and  there 
being  no  objection  it  is  withdrawn.  Mr.  Hay  also  withdraws 
his  motion.  The  gentleman  from  Laramie,  Mr.  Teschemacher, 
now  offers  the  following  amendment  to  the  rules,  as  an  amend- 
ment to  the  motion  of  Mr.  Hay.  The  proposition  offered  by  Mr. 
Teschemacher  stands  as  a  substitute  for  the  motion  offered  by 
Mr.  Hay.  The  question  will  be  on  the  amendment  offered  by  Mr. 
Teschemacher.  Are  you  ready  for  the  question?  The  clerk  will 
read  the  proposition  in  order  that  the  convention  mny  under- 
stand just  what  it  is. 

(Teschemacher's  amendment  re-read.) 

Mr.  RINER.  I  ask  that  the  roll  be  called  upon  its  adop- 
tion. 


2  3o 


CONSTITUTIONAL  CONVENTION. 


Mr.  SMITH.  The  proposition  that  is  before  the  convention 
now  has  drifted  entirely  away  from  what  it  started  with.  Kule 
51  has  no  application  whatever  to  the  printing  of  any  matter 
that  comes  in  here  in  its  original  condition,  when  introduced 
Rule  51  has  reference  only  to  matter  that  is  finally  reported  by 
the  eominijttee  for  insertion  into  the  constitution,  and  has  no 
application  whatever  to  printing  the  propositions  as  originally 
made  here.  I  take  it  we  have  waited  nearly  on  to  an  hour's 
time  and  what  have  wo  gained?  How  much  better  are  you  off? 
Can  you  make  these  rules  any  better?  Are  there  any  members 
in  this  house  who  are  willing  to  amend  these  rules  as  they  now 
stand  so  as  to  get  them  into  such  shape  by  which  a  single  mem- 
ber of  this  convention  can  lock  the  wheels,  and  dictate  to  every 
other  members.  All  propositions  coining  in  here  ought  to  be 
printed  for  the  information  of  the  members  of  this  convention. 
Under  this  rule  if  this  resolution,  or  this  amendment,  passes, 
you  put  yourself  in  shape  where  any  one  person  can  say  no 
and  that  is  the  end  of  the  matter.  The  rules  as  they  were  were 
good  enough.  I  take  it  this  convention  is  made  up  of  intelligent 
men,  as  my  friend  from  Johnston  before  remarked,  and  when 
a  proposition  comes  in  here  they  can  determine  whether  they 
want  it  printed  or  not,  and  if  it  is  not  necessary  to  print  it,  if 
it  is  not  of  sufficient  importance  to  print  it,  I  think  they  will 
say  no.  The  amendment  offered  by  Mr.  Morgan  would  have 
been  satisfactory,  but  it  did  not  change  anything,  but  left  the 
convention  just  where  it  was  before;  they  would  have  authority 
to  print  or  not  to  print.  But  if  you  adopt  this  last  amendment 
offered  you  put  it  in  the  power  of  one  man  to  say  no,  and  you 
cannot  have  it  printed.  Take  this  subject  of  irrigation,  and 
there  are  perhaps  other  subjects  that  are  just  as  important, 
that  ought  to  be  printed.  There  may  be  one,  two  or  three  per- 
sons who  are  tolerably  wTell  informed  on  the  subject,  but  the 
rest  know  little  if  anything  about  it,  and  this  report  Avas  handed 
to  the  convention  that  it  might  be  printed  for  the  information 
of  the  members.  Let  us  leave  these  rules  as  they  are.  If  the 
convention  wants  something  printed,  let  them  have  it  printed. 
I  don't  think  there  will  be  any  great  amount  of  printing  ordered 
and  if  something  important  comes  in  that  the  members  ought 
to  be  advised  on,  the  convention  can  order  it  printed ;  but  if  you 
adopt  this  amendment  you  lock  the  doors,  for  if  one  man  ob- 
jects you  cannot  have  it  printed. 

Mr.  IRVINE.  I  don't  so  understand  the  resolution  as  the 
gentleman  takes  it.  I  would  like  to  have  it  read  again  before 
I  vote. 

Mr.  PRESIDENT.  The  secretary  will  read,  in  order  that 
the  convention  may  be  informed  as  to  the  amendment. 

(Re-read,  Teschemacher's  amendment.) 

Mr.  COFFEEN.  The  last  clause  of  that  resolution  or  mo- 
tion changes,  if  carried,  the  whole  bearing  of  Rule  25,  and  has 
the  serious  objection  that  the  gentleman  has  already  raised;. 


PROCEEDINGS  AND  DEBATES. 


231 


that  is,  it  gives  one  man  the  power  in  this  convention  to  pre- 
vent the  printing  of  any  proposition,  and  thereby  the  just  and 
general  consideration  of  the  question.  As  it  now  stands  I  am 
opposed  to  the  resolution  before  the  house,  and  shall  vote 
against  it.  As  it  first  stood,  which  was  to  take  the  sense  of  this 
convention  on  the  report  of  the  committee ;  that  the  committee 
should  report  first  whether  it  was  advisable  that  such  propo- 
sition should  be  printed  or  not — that  was  a  good  idea.  I  was 
favorable  to  that,  but  it  has  drifted  away  from  that,  and  comes 
up  now  in  the  shape  of  forbidding  any  printing  whatever  ex- 
cept by  unanimous  consent. 

Mr.  TESCHEMACHER.  I  will  strike  out  the  word  unani- 
mous from  my  resolution,  so  as  to  have  something  done.  It 
would  then  stand  that  nothing  be  printed  except  by  consent 
of  the  convention. 

Mr.  COFFEEN.  I  withdraw  my  objection,  if  that  word  is 
stricken  out. 

Mr.  PRESIDENT.  The  gentleman  from  Laramie,  Mr.  Kiner, 
asks  that  the  ayes  and  nays  be  called  on  the  motion.  The 
chair  did  not  observe  whether  there  was  more  than  one  second 
to  the  demand.  I  believe  it  requires  two  under  our  rules. 

Mr.  RINER.    There  are  five  seconds,  Mr.  President. 

Mr.  PRESIDENT.     The  ayes  and  noes  will  be  called. 

Mr.  COFFEEN.  Before  the  call,  I  would  like  to  ask  wheth- 
er the  word  unanimous  was  stricken  out? 

Mr.  PRESIDENT.  The  chair  will  state  that  there  was  no 
motion. 

Mr.  TESCHEMACHER.  I  am  willing  to  strike  out  the 
word  "unanimous." 

Mr.  COFFEEN.  With  that  word  stricken  out,  I  think  I 
can  support  the  amendment. 

(Calling  of  the  roll,  during  which  members  in  the  committee 
rooms  come  in.) 

SECRETARY.    Mr.  Campbell? 

Mr.  CAMPBELL.  I  ask  to  be  excused  from  voting  as  I 
don't  know  a  thing-  about  it. 

Mr.  REID.  I  ask  that  the  resolution  be  read,  so  the  gen- 
tleman can  vote  on  the  subject.  I  object  to  his  being  excused. 

Mr.  PRESIDENT.  The  gentleman  is  out  of  order;  a  prop, 
osition  can  not  ba  read  while  the  roll  is  being  called. 

Mr.  PRESIDENT.  There  are  some  other  parties  outside, 
and  I  move  that  the  sergeant-at-arms  notify  them  so  they  can 
vote  on  the  subject. 

Mr.  PRESIDENT.  Does  any  one  move  a  call  of  the  house? 
It  is  the  recollection  of  the  chair  that  a  call  of  the  house  may 
be  demanded  by  three  persons. 

Messrs.  RINER,  BURRITT  and  CAMPBELL.  Call  of  the 
house. 

Mr.  PRESIDENT.     A  call  of  the  house  is  ordered.     The 
doors  will  be  closed  and  the  call  of  the  house  will  proceed. 


232 


CONSTITUTIONAL  CONVENTION. 


Mr.  RIXP'R.  I  move  the  further  call  of  the  house  be  dis- 
pensed with  so  we  may  call  the  roll. 

Mr.  REID.    Second 'the  motion. 

Mr.  PRESIDENT.  It  is  moved  that  the  further  call  of 
the  house  .be  dispensed  with,  and  the  roll  be  called.  The 
secretary  will  call  the  roll.  The  question  is  upon  the  adoption 
of  this  resolution.  All  in  favor  of  the  resolution  will  say  aye, 
as  their  names  are  called.  Those  opposed  will  say  no.  The 
gentlemen  of  the  house  will  be  seated. 

Mr.  POTTER.    I  call  for  a  reading  of  the  question. 

Mr.  PRESIDENT.  When  the  roll  is  being  called  the  gentle- 
man lias  no  right  to  call  for  a  reading  of  the  question.  The 
<?all  of  the  roll  will  proceed. 

SECRETARY.    Mr.  Baldwin. 

Mr.  BALDWIN.    I  don't  know  the  motion. 

Mr.  PRESIDENT.  It  is  the  fault  of  the  gentleman  that  he 
does  not  understand.  He  is  obliged  to  vote.  Is  your  vote  aye 
or  no. 

Mr.  BALDWIN.    No. 

(The  calling  of  the  roll  continues.) 

Mr.  PRESIDENT.  Rule  No.  59  reads  "these  rules  shall  not 
be  amended  except  by  a  majority  vote  of  the  members  of  the 
convention."  In  favor  of  the  resolution  the  ayes  are  18,  noes 
19,  absent  11.  A  majority  not  having  voted  in  favor  of  the  mo- 
tion to  amend  and  adopt  the  resolution,  it  is  lost. 

Mr.  RINER.  I  move  the  convention  now  adjourn  until  to- 
morrow morning. 

Mr.  JOHNSON.  If  in  order,  I  would  like  to  present  a  re- 
port before  wre  adjourn. 

Mr,  PRESIDENT.  Will  the  gentleman  waive  his  motion 
until  the  report  of  the  committee  can  be  read? 

Mr.  JOHNSON.  I  did  not  mean  to  have  it  read  at  this  time, 
but  only  wanted  to  hand  it  in. 

Mr.  'BAXTER.  If  in  order  I  would  like  to  amend  the  mo- 
tion to  adjourn  until  2  o'clock  tomorrow.  It  will  give  the  com- 
mittee a  chance  to  catch  up,  and  we  will  then  have  something 
for  the  convention  to  do  besides  work  on  the  rules. 

Mr.  FOX.    I  move  we  adjourn  until  2  o'clock  this  afternoon. 

Mr.  SMITH.    Second  the  motion. 

Mr.  PRESIDENT.  The  motion  to  adjourn  is  not  in  order. 
That  is  to  adjourn  until  2  o'clock  this  afternoon.  The  rules  pro- 
vide that  a  motion  may  be  made  for  a  recess  from  one  hour  of 
the,  day  to  another,  but  a  motion  to  adjourn  would  carry  it  over 
until  tomorrow. 

Mr.  FOX.  I  move  we  take  a  recess  until  this  afternoon,  2 
o'clock. 

Mr.  SMITH.    Second  the  motion. 

Mr.  PRESIDENT.  There  is  no  motion  before  the  house  to 
V  amended.  The  motion  offered  by  Mr.  Riner  was  left  in 
for  the  reading  of  these  reports,  and  was  withdrawn 


PROCEEDINGS  AND  DEBATES. 


233 


for  that  purpose.     Does  the  gentleman  from  Albany.  Mr.  Fox, 
insist  upon  his  motion  for  a  recess? 

Mr.  FOX.  I  insist  upon  it.  There  are  two  or  three  reports 
Hint  have  been  handed  in  here,  and  they  can  be  immediately 
passed  upon  this  afternoon,  and  become  a  part  of  the  consti- 
tution. I  see  no  reason  why  we  should  do  nothing  this  after- 
noon. The  committee  can  do  their  work  this  evening  just  as 
well.  If  we  adjourn  this  afternoon  the  committee  would  only 
work  an  hour  or  so.  This  evening  will  do  just  as  well.  Some 
of  us  are  here  to  attend  to  business.  We  neglected  our  busi- 

Mr.  PRESIDENT.  Mr.  Riner  withdrew  his  motion  to  ad- 
journ at  the  suggestion  of  the  chair.  The  chair  does  not  feel 
like  taking  up  another  motion  under  the  circumstances.  The 
motion  of  Mr.  Riner  will  be  renewed  if  he  desires  it.  The  chair 
does  not  wish  to  have  a  gentleman  withdraw  his  motion  at  his 
suggestion  and  then  entertain  another  motion  to  take  its  place, 
or  to  act  in  any  way  that  might  seem  to  be  favoring  any  one 
member  more  than  another.  Does  the  gentleman  from  Lara- 
mie.  Mr.  Riner,  desire  to  press  his  motion  to  adjourn? 

Mr.  RINER.    No,  sir. 

Mr.  PRESIDENT.  The  question  will  then  be  upon  the  mo- 
tion to  take  a  recess  until  2  o'clock  this  afternoon.  Are  you 
ready  for  the  question?  All  in  favor  of  the  motion  will  say  aye, 
those  opposed  no.  The  ayes  have  it,  the  convention  will  take 
a  recess  until  2  this  afternoon. 

Tuesday  afternoon,  Sept.  10. 

Convention  reassembled  at  2  p.  in. 

President  Brown  in  the  chair. 

Mr.  PRESIDENT.    The  gentlemen  will  come  to  order. 

Gentlemen:  I  have  a  communication  from  our  honorable 
delegate  in  congress,  which  the  clerk  will  read. 

(See  journal  page  40.) 

Mr.  PRESIDENT.  At  the  time  of  taking  a  recess  we  were 
receiving  reports  of  standing  committees.  Have  all  the  reports 
for  the  day  been  handed  in  that  are  desired  to  be  made  at  this 
time?  The  clerk  wall  read  the  reports  in  the  order  in  which 
they  were  presented. 

'CLERK.    Report  of  Committee  No.  8. 

Mr.  BFRRITT.    Mr.  President. 

Mr.  PRESIDENT.    The  gentleman  from  Johnston,  Mr.  Bur- 
ritt. 

Mr.  BURRITT.  If  this  proposition  is  to  be  printed  I  see  no 
reason  for  reading  it  at  this  time.  I  move  it  be  read  by  title  and 
ordered  printed. 

Mr.  SMITH.    Second  the  motion. 

ness  to  come  here,  and  we  want  to  get  this  business  in  shape 
so  we  can  get  through  and  go  home. 

Mr.  PRESIDENT,  It  is  moved  and  seconded  that  the  proposi- 
tion reported  by  committee  on  irrigation  be  referred  to  the  rom- 
mittee  on  printing,  or  that  it  be  ordered  printed.  I  take  it  that 


234 


CONSTITUTIONAL  CONVENTION. 


whenever  the  convention  orders  any  matter  printed  without 
its  being  referred  to  the  printing  committee,  it  is  referred  to 
them  as  a  matter  of  course,  and  it  is  in  their  hands  to  look  after 
and  see  that  it  is  printed.  Are  you  ready  for  the  question? 
All  in  favor  of  printing  the  proposition  presented  to  the  con- 
vention by  the  irrigation  committee  will  say  aye,  those  op- 
posed no.  The  ayes  have  it,  and  the  proposition  is  ordered 
printed.  It  will  lay  on  the  tame,  and  come  up  for  action  under 
the  rules  in  committee  of  the  whole.  Any  further  reports? 

SECRETARY.    Report  of  Committee  ]STo.  12. 

Mr.  JOHNSON.    Mr.  President. 

Mr.  PRESIDENT.  The  gentleman  from  Laramie,  Mr. 
Johnson. 

Mr.  JOHNSON.  If  not  too  late  I  move  that  the  recommen- 
dation of  the  committee  as  to  the  reference  of  a  part  of  this 
matter  to  Committee  No.  13  be  adopted,  and  that  the  substi- 
tute be  referred  to  the  committee  on  printing. 

Mr.  BAXTER.    Second  the  motion. 

Report  of  Committee  No.  8. 

(See  journal  page  40.) 

Report  of  Committee  No.  12. 

(See  journal  page  40.) 

Municipal  corporations. 

Sec.  1.  The  legislature  shall  provide  by  general  laws  for 
the  organization  and  classification  of  municipal  corporations. 
The  number  of  such  classes  shall  not  exceed  four,  and  the  pow- 
er of  each  class  shall  be  defined  by  general  laws,  so  that  no 
such  corporation  shall  have  any  power  or  be  subject  to  any  re- 
strictions other  than  all  corporations  of  the  same  class,  and 
the  legislature  shall  pass  no  special  laws  for  the  incorporation 
of  any  municipality  or  for  amending  the  charter  of  any  munic- 
ipality. 

Sec.  2.  No  municipal  corporation  shall  be  organized  with- 
out the  consent  of  the  majority  of  the  electors  residing  within 
the  district  proposed  to  be  so  incorporated,  such  consent  to 
be  ascertained  according  to  law. 

Sec.  3.  The  legislature  shall  restrict  the  powers  of  such 
corporations  to  levy  taxes  and  assessments,  to  borrow  money 
and  contract  debts,  so  as  to  prevent  the  abuse  of  such  power, 
and  no  tax  or  assessment  shall  be  levied  or  collected  or  debts 
contracted  by  municipal  corporations  except  in  pursuance  of 
law  for  public  purposes  specified  by  law,  nor  shall  money  raised 
by  taxation,  ioan  or  assessment  for  one  purpose  ever  be  di- 
verted to  any  other. 

Sec.  4.  No  street  passenger  railway,  telegraph,  telephone 
or  electric  light  line  shall  be  constructed  within  the  limits  of 
any  municipal  organization  without  the  consent  of  its  local 
authorities. 

Mr.  PRESIDENT.  You  have  heard  the  motion  that  the 
matter  reported  by  them  be  incorporated  into  the  constitution 


PROCEEDINGS  AND  DEBATES.  235. 

be  printed.  Are  you  ready  for  the  question?  All  in  favor  of  the 
motion  will  say  aye;  those  opposed  no;  the  ayes  have  it,  and 
the  matter  reported  by  the  committee  as  a  substitute  is  ordered 
printed.  The  matter  referred  to  in  the  proposition  presented 
in  the  resolution  will  be  referred  to  the  committee  on  corpo- 
rations. 

Mr.  POTTEE.    I  understand  that  is  all  but  Sec.  1. 

Mr.  PRESIDENT.    All  but  Sec.  1, 

SECRETARY.  Report  of  Committee  No.  12.  Majority  and 
minority  reports. 

Substitute  for  Files  No.  19  and  22. 

Minority  report  of  Committee  No.  12,  on  county,  city  and 
town  organization. 

Mr.  President: 

The  minority  of  your  committee  on  county  and  town  organ- 
ization beg  leave  to  report  Sec.  4  filed  herewith,  and  ask  its 
adoption  in  lieu  of  Sees.  4,  5,  6  and  7  of  the  majority  report. 

GEO.  W.  FOX. 
A.  C,  CAMPBELL. 
September  10,  1889. 

County  Organization. 

Sec.  4.  The  legislature  may  provide  by  general  law  for  town- 
ship organization  whenever  the  same  may  be  deemed  necessary 
and  shall  provide  by  law  for  the  election  of  township  officers, 
prescribing  their  duties  and  compensation. 

Committee  No.  12,  on  county,  city  and  town  organization. 

Report, 

Mr.  President: 

Your  committee  return  herewith  Files  No.  19  and  22  with 
the  recommendation  that  they  be  not  adopted.  We  have  incor- 
porated the  provisions  of  these  files  in  a  substitute,  together 
with  other  provisions,  and  we  recommend  that  the  substitute 
herewith  returned  be  adopted. 

CHARLES  H.  13URRITT, 
J.  A.  RINER, 
JONATHAN  JONES. 
September  10,  1889. 

COUNTY  ORGANIZATION. 

Sec.  1.  The  several  counties  of  the  territory  of  Wyoming  as 
they  shall  exist  at  the  time  of  the  admission  of  said  territory 
as  a  state  are  hereby  declared  to  be  counties  of  the  state  of 
Wyoming. 

Sec.  2.  The  legislature  shall  provide  by  general  law  for 
the  organization  of  new  counties,  locating  the  county  seats 
thereof  temporarily  and  changing  county  lines.  But  no  n»'w 
counties  shall  be  formed  unless  it  shall  contain  within  the  lim- 
its thereof  property  of  the  valuation  of  two  million  dolhirs.  us 
shown  by  the  last 'preceding  tax  returns,  and  not  then  unless 


236  CONSTITUTIONAL  CONVENTION. 

the  remaining  portion  of  the  old  county  or  counties  shall  each 
contain  property  of  an  equal  or  greater  valuation,  and  no  new 
counties  shall  be  organized  nor  shall  any  organized  county  be 
so  reduced  as  to  contain  a  population  of  less  than  one  thousand 
five  hundred  bona  fide  inhabitants,  and  in  case  any  portion  of 
an  organized  county  or  counties  is  stricken  off  to  form  a  new 
county,  the  new  county  shall  assume  and  be  holden  for  an 
-equitable  proportion  of  the  indebtedness  of  the  county  or  coun- 
ties so  reduced. 

Sec.  3.  The  legislature  shall  provide  by  general  law  for 
changing  count}r  seats  in  organized  counties,  but  it  shall  have 
no  power  to  remove  a  county  seat  of  any  organized  county. 

Sec.  4.  The  legislative  assembly  shall  provide  by  general 
law  for  township  organization,  under  which  any  county  may 
organize,  whenever  a  majority  of  all  the  legal  voters  of  such 
county,  Acting  at  a  general  election  shall  so  determine,  and 
whenever  any  county  shall  adopt  township  organization  so 
much  of  this  constitution  as  provides  for  the  management 
of  the  fiscal  concerns  of  said  county  by  the  board  of  county 
commissioners  may  be  dispensed  with  by  a  majority  vote  of 
the  people  voting  at  any  general  election;  and  the  affairs  of 
said  county  may  be  transacted  by  the  chairman  of  the  sev- 
eral township  boards  of  said  county,  and  such  other  as  may 
be  provided  by  law  for  incorporated  cities,  towns  or  villages 
within  such  county. 

Sec.  5.  In  any  county  that  shall  have  adopted  a  system 
of  government  by  the  chairman  of  the  several  township 
boards,  the  question  of  continuing  the  same  may  be  submitted 
to  the  electors  of  such  county  at  a  general  election  in  such  a 
manner  as  may  be  provided  !by  law,  and  if  a  majority  of  all 
the  votes  cast  upon  such  a  question  shall  be  against  said  sys- 
tem of  government,  then  such  system  shall  cease  in  said  county, 
and  the  affairs  of  said  county  shall  be  transacted  by  a  board 
of  county  commissioners  as  is  now  provided  by  the  laws  of 
the  Territory  of  Wyoming. 

Sec.  6.  Until  the  system  of  county  government  by  the 
chairman  of  the  several  township  boards  is  adopted  by  any 
county  the  fiscal  affairs  of  said  county  shall  be  transacted 
by  a  board  of  county  commissioners.  Said  board  shall  con- 
sist of  not  less  than  three  and  not  more  than  five  members 
whose  term  of  office  shall  be  prescribed  by  law.  Said  board 
shall  hold  sessions  for  the  transaction  of  county  business  as 
shall  be  provided  by  law. 

Sec.  7.  The  legislature  shall  provide  by  law  for  the  elec- 
tion of  such  county  and  township  officers  as  may  be  necessary. 

Mi-.  1JAXTER.  I  move  they  both  be  referred  to  the  com- 
mittee and  ordered  printed. 

Mr.  FOX.  I  amend  the  motion  by  moving  that  the  con- 
vention go  into  committee  of  the  whole  for  the  consideration 
of  this  report.  My  object  in  making  this  motion  is  this:  In 


PROCEEDINGS  AND  DEBATES. 

the  first  place  we  have  got  the  time  to  do  it,  and  in  th«i  next 
place  some  gentleman  in  this  convention  may  have  a  substi- 
tute that  he  wants  to  offer  to  one  of  the  sections  of  the  report, 
and  it  might  be  referred  back  to  its  committee. 

Mr.  PRESIDENT.  The  gentleman  is  out  of  order.  Before 
debating  a  motion  it  should  be  stated  by  the  chair.  I  would 
state  to  the  gentleman  that  there  are  several  other  reports, 
of  committees  to  be  read,  and  it  seems  to  the  chair  that  the 
order  oi  business  is  the  reading  now  of  these  reports,  and 
placing-  them  before  the  house  for  their  decision.  A  motion 
to  go  into  a  committee  of  the  whole  may  be  made  as  to  any 
particular  report  or  as  to  all  of  them,  and  they  will  be  taken 
up  in  committee  of  the  whole,  in  the  order  that  the  reports 
are  placed  upon  the  table.  Of  course  the  convention  can  take 
them  out  of  their  regular  order  if  they  choose.  Doeis  the  gen- 
tle man  desire  to  do  this? 

Mr.  FOX.  If  Mr.  Baxter  will  withdraw  his  motion  I  am 
willing  to  let  this  motion  lay  over  until  all  these  reports  are 
disposed  of. 

Mr.  BAXTER.  I  move  the  reports  be  received  and  the 
original  resolution  and  the  substitutes  be  placed  upon  the 
general  file. 

Mr.  PRESIDENT.  Any  further  reports  of  standing  com- 
mittees, Mr.  Secretary?  t 

SECRETARY.    None,  Mr.  President. 

Mr.  PRESIDENT.    Reports  of  special  committees? 

SECRETARY.  Report  of  special  committee  on  ways  and 
means. 

(Report  of  committee  on  ways  and  means.  See  journal, 
page  41.) 

Mr.  PRESIDENT.  What  will  you  do  gentlemen  with  the 
report  of  your  special  committee?  The  question  would  come 
on  the  reference  of  the  matters  suggested  by  the  committee 
to  a  special  committee,  as  they  suggest;  a  committee  on  ex- 
penditures, etc.,  of  this  convention. 

Mr.  HAY.  Mr.  President,  in  connection  with  that  report, 
I  have  a  resolution.  It  is  on  the  secretary's  desk  to  be  brought 
up  at  the  proper  time. 

Mr.  PRESIDENT.  The  convention  may  adopt  the  report 
of  the  special  committee  at  this  time  by  motion, 

Mr.  POTTER,  I  move  the  report  of  the  special  committee 
be  adopted,  and  the  committee  discharged. 

Mr.  SMITH.     Second  the  motion. 

Mr.  PRESIDENT.  It  is  moved  and  seconded  that  the  re- 
port of  the  special  committee  be  adopted.  Are  you  ready  for 
the  question?  All  in  favor  of  the  motion  will  say  aye;  those 
opposed,  no.  The  ayes  have  it;  thel  report  of  the  committee 
is  adopted,  and  the  committee  discharged. 

Mr.  PRESIDENT.  Gentlemen,  I  have  before  me  the  res- 
olutions that  were  offered  by  the  gentleman  from  Albany,  Mr. 


CONSTITUTIONAL  CONVENTION. 

Hoyt.  He  is  not  present  at  this  time.  Does  the  convention 
desire  to  act  upon  them  now,  or  allow  them  to  go  over  until 
his  return?  I  am  informed  that  Mr.  Hoyt  will  be  here  to-mor- 
row without  fall. 

Mr.  SMITH.  I  move  that  the  resolutions  go  over  until 
to-morrow. 

Mr.  CAMPBELL.     Second  the  motion. 

Mr.  PRESIDENT.  It  is  moved  and  seconded  that  the  reso- 
lutions offered  by  Mr.  Hoyt  go  over  until  to-morrow.  Are  you 
read}r  for  the  question?  All  in  favor  of  the  motion  will  say 
aye;  those  opposed,  no.  The  ayes  have  it;  the  consideration 
of  the  resolutions  goes  over  until  to-morrow. 

The  resolution  offered  by  Mr.  Hay  of  Laramie.  The  clerk 
will  read. 

(See  journal,  page  42.) 

Mr.  PRESIDENT.  Gentlemen,  the  question  is  on  the  adop- 
tion of  the  resolution  as  read.  Are  you  ready  for  the  question? 
All  in  favor  of  the  adoption  of  the  resolution  as  read  will  say 
aye;  those  opposed,  no.  The  ayes  have  it,  the  resolution  is 
adopted.  This  disposes  of  the  general  business  on  the  table 
at  this  tune.  A  motion  to  go  into  committee  of  the  whole 
for  the  consideration  of  reports,  or  matters  reported  for  in- 
corporation into  the  constitution,  is  in  order. 

Mr.  Ff)X,  With  the  consent  of  the  convention,  I  would 
like  to  offer  a  resolution. 

(See  journal,  page  43.) 

Mr.  FOX.    I  move  the  adoption  of  the  resolution. 

Mr.  HAY.     Second  the  motion. 

Mr.  PRESIDENT.  The  question  is  on  the  adoption  of  the 
resolution  of  the  gentleman  from  Albany,  Mr.  Fox.  Are  you 
ready  for  the  question?  All  in  favor  of  the  motion  will  say 
aye;  those  opposed,  no.  The  ayes  have  it,  the  resolution  is 
adopted. 

Mr.  POTTER.  If  not  out  of  place,  Mr.  President,  I  would 
like  to  ask  if  there  is  anything  upon  the  general  file  except 
that  on  resolutions  in  which  there  is  a  majority  and  minority 
repor  t  ? 

Mr.  PRESIDENT.  There  are  several.  All  that  matter 
reported  by  the  committees  to  be  incorporated  into  the  con- 
stitution, under  the  rules  now  lays  on  the  tafole,  and  a  motion 
to  go  into  committee  of  the  whole  to  consider  these  matters 
is  now  in  order. 

Mr.  POTTER.  The  reason  that  I  asked  is  because  I  under- 
stand that  that  majority  and  minority  report  refers  to  the 
organization  of  new  counties,  and  I  would  move  the  postpone- 
ment of  the  consideration  of  that  matter  before  the  house. 

Mr.  BURRITT.    Mr.  President. 

Mr.  PRESIDENT.  The  gentleman  from  Johnson,  Mr.  Bur- 
•ritt. 

Mr.  BURRITT.    The  only  difference  that  is  in  the  majority 


PROCEEDINGS  AND  DEBATES.  239 

and  minority  reports  does  not  refer  to  the  organization  of  new 
counties,  but  is  simply  as  to  the  choice  of  language  as  to  the 
proposition  to  go  into  the  constitution,  allowing  counties  to 
form  a  township  organization,  and  so  far  as  I  am  concerned  I 
think  it  should  go  to  the  committee  on  printing.  I  don't,  think 
we  are  ready  to  discuss  it  at  present. 

Mr.  POTTER.  Another  resolution  of  this  same  character 
has  gone  to  a  separate  committee.  The  chairman  of  this  coin- 
mittoe  is  absent,  and  I  understand  he  is  considerably  interested 
in  the  question.  I  do  not  think  it  would  be  wise  to  take  up 
that  question  now;  I  do  not  think  it  would  be  courtesy  to  that 
other  committee.  We  are  unfortunate  in  having  these  same 
matters  go  to  separate  committees. 

Mr.  FOX.  I  think  the  committee  of  the  whole  should  not 
decide  upon  any  one  proposition  to  go  into  the  constitution  in 
one  session.  It  should  have  several  sessions  at  different  times 
upon  each  question  and  have  it  discussed  at  each,  so  that  it 
may  be  brought  fully  before  the  members  of  this  convention. 
In  regard  to  having  this  proposition  printed,  if  the  minority  re- 
port on  township  organization  is  not  favorable  to  this  conven- 
tion, it  is  not  necessary  to  have  it  printed,  and  that  matter  can 
be  disposed,  of  this  afternoon  in  the  committee  of  the  whole. 
If  the  committee  of  the  whole  decides  that  the  majority  report 
shall  be  printed,  or  that  it  shall  not  be  printed,  that  will  settle 
that  matter,  and  we  need  not  have  it  come  up  again.  I  think 
if  by  going  into  committee  of  the  whole  we  can  get  this  matter 
in  order,  we  ought  to  do  it.  Let  the  convention  decide  whether 
either  of  these  reports  shall  be  printed  or  not.  I  think  that 
this  is  the  place  to  decide.  I  therefore  move  that  we  resolve 
ourselves  into  committee  of  the  whole. 

Mr.  PRESIDENT.  The  chair  desires  to  call  the  attention 
of  the  convention  to  Rule!  51.  It  seems  to  me  always  best  to 
follow  the  line  of  these  rules,  and  if  we  would  study  the  rules 
a  little  we  would  have  no  trouble.  I  will  read  the  rule  again. 

"Rule  No.  51.  All  reports  of  the  committees  containing 
matter  to  be  incorporated  in  the  constitution  shall  be  consid- 
ered in  the  order  in  which  the  reports  are  made,  and  upon 
their  introduction  and  full  reading  before  the  convention  such 
matters  to  be  incorporated  shall  be  laid  upon  the  table,  and 
(when  so  ordered)  be  printed,  and  when  printed  (if  so  ordered) 
shall  be  placed  upon  the  calender  to  be  considered  in  commit- 
tee of  the  whole  convention,  and  if  not  ordered  printed,  they 
shall  immediately  be  placed  upon  the  calender  to  be  consid- 
ered by  the  committee  of  the  whole." 

Now  there  are  some  of  these  reports,  I  believe,  that  have 
been  ordered  printed.  Those  that  have,  under  this  rule,  will 
lay  on  the  table  until  they  are  printed,  and  come  up  then  in 
their  regular  order.  ITiose  not  ordered  printed  may  come  up 
in  their  regular  order  to  be  considered  by  the  committee  of  the 
whole  convention.  It  seems  to  me  that  that  is  the  plain  read- 


24o  CONSTITUTIONAL  CONVENTION. 

ing  of  the  rules,  when  taken  together.     I  will  read  it  over 
again  for  fear  T  may  be  mistaken. 

"When  printed,  if  so  ordered,  shall  be  placed  upon  the  cal- 
ender, etc." 

Will  the  secretary  inform  the  chair  what,  if  anything,  is  on 
the  table  in  the  way  of  reports  of  matters  to  be  incorporated 
into  the  constitution,  that  has  not  been  ordered  printed? 

SECRETARY.    There  is  nothing,  Mr.  President. 

Mr.  POTTEE.  Certainly,  this  last  resolution  was  not  or- 
dered printed. 

Mr.  PRESIDENT.  The  reports  of  the  two  committees  on 
the  matter  to  be  incorporated  into  the  constitution^  as  I  rec- 
ollect, were  not  ordered  printed.  Were  either  of  these  reports 
ordered  printed? 

Mr.  JOHNSTON.  The  first  one  was,  Mr.  President;  the  one 
in  reference  to  the  irrigation  committee's  report. 

Mr.  PRESIDENT.  But  I  refer  to  the  report  of  the  second 
committee,  where  two  reports  were  made. 

SECRETARY.  The  report  is  before  you,  Mr.  President,, 
neither  was  ordered  printed. 

Mr.  FOX.  Mr.  Chairman,  this  is  all  just  as  plain  as  day, 
when  understood.  If  we  take  up  both  these  majority  and  mi- 
nority reports;  I  put  the  minority  first,  because  I  think  it  is 
best,  and  not  go  over  them,  we  can  decide  as  to  which  is  the 
proper  one;  the  convention  can  then  refer  this  matter  back  to- 
its  special  committee,  and  they  shall  make  another  report.  I 
therefore  move  that  wre  go  into  committee  of  the  whole. 

Mr.  SMITH.    Second  the  motion. 

Mr.  PRESIDENT.  The  motion  is  that  we  go  into  commit- 
tee of  the  whole.  Are  you  ready  for  the  question  ? 

Mr.  CONAWAY.  I  am  not  ready  for  that  question,  and 
hardly  know  when  I  shall  be.  I  don't  understand  this  matter 
of  printing,  as  the  gentleman  from  Albany,  Mr.  Fox,  does.  I 
do  not  feel  prepared  at  this  time  to  discuss  or  act  on  that  mat- 
ter or  to  decide  which  of  the  two  reports  is  preferable,  the  ma- 
jority or  minority  report.  As  I  understand  the  necessity,  or  pro- 
priety, of  printing  these  matters  that  are  reported  from  the- 
committees  to  be  incorparated  into  the  constitution,  it  is  that 
we  may  have  an  opportunity  to  read  them,  to  become  familiar 
with  the  language,  criticise  it  and  compare  it  with  other  propo- 
sitions that  we  may  have  in  our  mindsv  or  in  books,  and  to  see 
whether  we  desire  to  amend  them  or  not,  before  we  act  upon 
them.  I  do  not  feel  prepared  at  present  to  go  into  committee 
of  the  whole.  I  have  no  definite,  ideas  about  it;  by  simply 
hearing  it  read  over  once,  I  do  not  get  sufficient  information 
on  the  subject,  and  I  therefore  oppose  the  motion. 

Mr.  SMITH.  I  was  just  going  to  say  that  my  recollection  is 
that  this  is  the  only  matter  reported  from  the  committees  to- 
day of  matter  that  is  intended  to  be  incorporated  into  the  con- 
stitution, which  has  not  been  ordered  printed,  and  I  do  not 


PROCEEDINGS  AND  DEBATES.  241 

understand  why  there  is  not  the  same  necessity  for  printing 
this,  the  same  as  the  other  matter. 

Mr.  PRESIDENT.  The  chair  desires  to  call  the  attention  of 
the  convention  to  Rule  30. 

"The  following-  questions  shall  be  decided  without  debate, 
to-wit :  To  adjourn,  to  take  a  recess,  to  take  from  the  table,  to 
go  into  the  committee  of  the  whole  on  orders  of  the  day." 
The  chair  has  not  objected  because  we  desire  to  prevent 
the  exchange  of  opinions  as  freely  as  wq  can,  but  respectfully 
asks  the  members  to  observe  the  rules  as  far  as  they  may. 
That  is  all.  The  question  is  on  the  motion  to  go  into  commit- 
tee of  the  whole.  Are  you  ready  for  the  question?  All  in  favor 
of  the  motion  will  say  aye;  those  opposed  no;  the  noes  seem  to 
have  it. 

Mr.  RINER.    Division. 

Mr.  PRESIDENT.  A  division  is  called  for.  All  in  favor  of 
the  motion  will  rise  to  their  feet  and  stand  until  counted.  The 
chair  counts  fourteen.  All  opposed  will  rise  and  stand  until 
counted.  The  chair  counts  twenty  in  the  negative.  The  motion 
to  go  into  committee  of  the  whole  is  lost. 

Mr.  BAXTER.  I  now  move  that  both  the  majority  and  mi- 
nority reports  be  referred  to  the  committee  on  printing,  and 
ordered  printed. 

Mr.  CONAWAY.    Second  the  motion. 

Mr.  PRESIDENT.  It  is  moved  that  the  report  of  the  ma- 
jority and  minority  of  the  committee  be  printed.  All  in  favor 
of  the  motion  will  say  aye;  those  opposed  no.  The  ayes  have 
it,  the  motion  prevails.  The  reports  are  referred  to  the  commit- 
tee on  printing. 

Mr.  ELLIOTT.    Mr.  President. 

Mr.  PRESIDENT.  The  gentleman  from  Johnson,  Mr.  Elliott. 
Mr.  ELLIOTT.  I  would  request  of  the  convention  that  the 
gentleman  from  Fremont,  Mr.  Preston,  and  myself,  be  excused 
from  further  attendance  on  the  session  this  afternoon.  There 
is  some  important  work  we  desire  to  do — work  for  the  conven- 
tion— and  we  desire  to  have  it  ready  by  tomorrow  morning. 

Mr.  PRESIDENT.  Is  there  objection  to  the  gentlemen  be- 
ing excused?  The  chair  hears  no  objection,  and  the  gentlemen 
are  excused. 

Mr.  CAMPBELL.  I  move  that  we  adjourn  until  tomorrow 
morning. 

Mr.  RINER.    Second  the  motion. 

Mr.  JEFFREY.    One  moment  before  adjourning. 

Mr.  PRESIDENT.  By  consent  of  the  gentleman  who  moves 
to  adjourn  the  gentleman  will  address  the  convention. 

Mr.  CAMPBELL.    I  consent. 

Mr.  JEFFREY.    I  wish  to  request  that  Committee  No.  5 
will  meet  immediately  after  adjournment  in  the  room  on  the 
east  side.    There  is  a  good  deal  of  important  business  before 
16 — 


242  CONSTITUTIONAL  CONVENTION. 

the  committee,  and  as  this  is  the  afternoon  designated  for  the 
meeting,  I  hope  all  members  will  make  it  a  point  to  be  on  hand. 

Mr.  PALMER.  I  desire  to  call  a  meeting  of  Committee  No. 
18,  in  the  room  on  the  west  side,  immediately  after  adjourni 
ment. 

Mr.  JOHNSTON.  I  would  like,  if  not  out  of  order,  to  call 
together  the  committee  that  was  appointed  to  furnish  informa- 
tion to  the  senate  committee  on  irrigation  to  meet  in  Prof. 
Mead's  room  this  evening.  He  may  have  some  information  and 
instructions  to  give  them,  which  will  enable  them  to  collect  the 
information  desired. 

Mr.  PRESIDENT.  Does  the  convention  understand  the 
request  made  by  Mr.  Johnston.  The  committee  appointed  to 
confer  with  the  senate  committee)  on  the  matter  of  irrigation 
are  requested  to  meet  at  the  office  of  Mr.  Mead  this  evening. 

Mr.  SMITH.  I  would  like  to  call  ameeting  of  Committee 
No.  14,  but  I  don't  know  just  whejn  to  call  it,  as  there  are  a 
number  of  us  on  No.  5,  but  perhaps  as  soon  as  we  get  through 
that,  we  can  stop  here  a  few  moments  and  arrange  before  we 
go  away  for  a  meeting  this  evening. 

Mr.  BAXTER.  With  the  permission  of  the  gentleman  who 
made  the  motion  to  adjourn,  I  would  like  to  ask  wrhether  the 
convention  will  be  prepared  to  take  any  action  tomorrow  morn- 
ing. If  not  it  seems  to  me  it  would  be  wise  to  allow  the  fore- 
noon to  our  committee  work  tomorrow.  If  there  is  nothing 
more  important  than  the  discussion  of  the;  rules  I  think  we 
night  adjourn.  Is  there  any  gentleman  here  who  can  say 
whether  or  not  there  will  be  anything  here  to  consider  tomor- 
row morning? 

Mr.  CHAPLIN.  It  is  quite  likely  that  everything  ordered 
printed  can  be  furnished  to  this  convention  by  10  o'clock  to- 
morrow morning. 

Mr.  PRESIDENT.  Thei  question  is  .on  the  motion  to  ad- 
journ, unless  it  is  further  delayed  by  request.  It  is  moved  that 
we  do  now  adjourn  until  10  o'clock  tomorrow  morning.  All 
in  favor  of  the  motion  will  say  aye;  those  opposed  no.  The 
ayes  have  it;  the  motion  to  adjourn  prevails. 


NINTH  DAY. 
MORNING  SESSION. 

Wednesday,  Sept.  11,  1889. 
The  convention  reassembled  at  10  o'clock. 
President  Brown  in  the  chair. 
Mr.  PRESIDENT.    Convention  will  come  to  order. 
Prayer. 


PROCEEDINGS  AND  DEBATES.  243 

Mr.    PRESIDENT.    The  secretary  will  call  the  roll. 

Eoll  call. 
The  secretary  will  read  the  journal  of  yesterday. 

(Beading  of  the  journal  of  the  eighth  day.) 

Mr.  PRESIDENT.  Gentlemen  of  the  convention,  are  there 
any  corrections  to  be  made  in  the  journal?  The  chair  hears 
none  suggested.  The  record  will  stand  approved  unless  ob- 
jection is  made;  there  being  no  objection  the  record  is  ap- 
proved as  read. 

Mr.  BAXTER.  I  would  like  the  record  to  show  I  was  pres- 
ent. I  was  not  here  at  roll  call,  but  attended  the  session 
through  the  day. 

Mr.  HAY%  I  would  like  to  make  the  same  request.  I  was 
here  all  day. 

Mr.  PRESIDENT.  Both  gentlemen  made  that  request  on 
yesterday,  or  it  was  made  for  them,  and  the  roll  call  was 
ordered  to  show  their  presence. 

Mr.  IRVINE.  I  wrould  like  to  make  the  same  request  for 
this  morning.  I  was  not  present  at  roll  call. 

Mr.  PRESIDENT.  The  chair  noticed  Mr.  Teschemacher 
and  Mr.  Hay  of  Laramie,  and  Mr.  Scott  of  Crook  came  in  after 
roll  call.  If  so  desired  the  record  will  show  their  presence. 

I  see,  gentlemen,  there  is  present  this  morning,  Mr.  De- 
Forest  Richards,  member  elect  frm  Converse  county  to  this 
convention.  Justice  Carroll  is  also  here.  I  believe  the  cre- 
dentials of  Mr.  Richards  have  been  passed  upon  by  the  con- 
vention, and  if  there  is  no  objection  he  will  be  sworn  in  as 
a  member  of  this  convention.  The  chair  hears  no  objection. 
Will  the  gentleman,  Mr.  Richards,  come  forward  and  Justice 
Carroll  administer  the  oath? 

(Swearing  in  of  Mr.  Richards.) 

Mr.  PRESIDENT.  I  would  like  to  say  to  Mr.  Richards,  on 
behalf  of  the  convention,  that  we  are  glad  to  have  him  here 
with  us  as  a  member. 

Introduction  of  propositions,  memorials  and  petitions  will 
now  be  in  order. 

Mr.  CAMPBELL.  I  have  here  a  proposition  concerning  the 
incorporation  pf  cities,  towns  and  counties. 

Mr.  MORGAN.  I  have  a  proposition  concerning  the  leg- 
islative department. 

Mr.  GRANT.     I  have  a  proposition. 

Mr.  McCANDLISH.  I  have  a  proposition  concerning  coun- 
ty officials. 

Mr.  PRESIDENT.  Are  there  any  further  propositions? 
The  chair  hears  none.  The  secretary  will  read  such  proposi- 
tions and  resolutions  as  have  been  presented,  in  the  order  in 
which  they  came  to  the  desk. 

SECRETARY.     File  No.  59,  by  Mr.  Fox. 

Sec.  1.  The  following  oath  or  animation  shall  be  required 
of  every  person  elected  or  appointed  to  any  school  office,  or 


CONSTITUTIONAL  CONVENTION. 

for  their  supervision,  or  for  the  management  of  the  school 
lands  or  other  public  property  before  entering  upon  the  duties 
of  their  office. 

"Do  you  solemnly  swear  (or  affirm)  that  you  Avill  support 
and  defend  the  constitution  of  the  United  States,  and  of  the 
State  of  Wyoming,  that  you  are  in  favor  of  free  public  schools, 
that  you  will  use  your  best  endeavors  to  forward  their  interests, 
promote  their  welfare  and  protect  the  property  and  franchises1 
set  apart  or  granted  for  their  use  by  any  authority  whatever. 

So  help  me  God?" 

Sec.  2.  Any  person  refusing  to  qualify  according  to  the 
foregoing  oath  or  affirmation  shall  be  disqualified  from  hold- 
ing anv  public  school  official  trust  or  responsibility. 

Mr.' 'PRESIDENT.  Gentlemen  of  the  convention,  if  not 
otherwise  ordered.  File  No.  59  will  be  referred  to  Committee 
No.  5,  qualifications  to  office,  etc. 

Mr.  TESCHEMACHER.  I  would  like  to  suggest  that  it 
be  referred  to  the  Committee  No.  7,  on  education.  It  seems 
to  me  that  Committee  No.  5  will  only  want  to  make  general 
qualifications,  and  that  any  special  qualifications  should  be  re- 
ferred to  some  special  committee. 

Mr.  FOX.  I  should  favor  the  recommendation  that  it  be 
referred  to  the  committee  on  school  matters. 

Mr.  PRESIDENT.  File  No.  59  will  then  be  referred  to 
Committee  No.  7,  on  education,  etc.  The  clerk  will  read  the 
next  file. 

SECRETARY.    File  No.  60,  by  Mr.  Fox. 

Federal  Relations. 

Sec.  1.  The  state  of  Wyoming  is  an  inseparable  part  of 
the  American  union  and  the  constitution  of  the  United  States* 
is  the  supreme  law  of  the  land.  The  following  article  shall  be 
irrevocable  without  the  consent  of  the  United  States  and  the 
people  of  this  state. 

Sec.  2.  Perfect  toleration  of  religious  sentiment  shall  be 
secured,  and  no  inhabitant  of  this  state  shall  ever  be  molested 
in  person  or  property  on  account  of  his  or  her  mode  of  religious 
worship. 

Sec.  3.  The  people  inhabiting  this  state  do  agree  and  de- 
clare that  they  forever  disclaim  all  right  and  title  to  the  unap- 
propriated public  lands  lying  within  the  boundaries  thereof, 
and  to  all  lands  lying  Avithin  said  limits  owned  or  held  by  any 
Indian  or  Indian  tribes,  and  that  until  the  title  thereto  shall 
have  been  extinguished  by  the  United  States,  the  same  shall 
be  and  remain  subject  to  the  disposition  of  the  United  States, 
and  that  said  Indian  lands  shall  remain  under  the  absolute 
jurisdiction  and  congress  of  the  United  States,  that  the  lands 
belonging  to  citizens  of  the  United  States  residing  without  this 
state  shall  never  be  taxed  at  a  higher  rate  than  the  lands  be.- 
longing  to  residents  of  this  state,  that  no  taxes  shall  be  impos- 
ed by  this  state  on  lands  or  property  therein,  belonging  to, 


PROCEEDINGS  AND  DEBATES.  245 

or  which  may  hereafter  be  purchased  by  the  United  States., 
or  reserved  for  its  use.  But  nothing  in  this  article  shall  pre- 
clude this  state  from  taxing  as  other  lands  are  taxed,  any  lands 
owned  or  held  by  any  Indian  who  has  severed  his  tribal  rela- 
tions, and  has  obtained  from  the  United  States  or  from  any 
person,  a  title  thereto,  by  patent  or  other  grant,  save  and  ex- 
cept such  lands  as  have  or  may  be  granted  to  any  Indian  or 
Indians  under  any  acts  of  congress  containing  a  provision  ex- 
empting the  lands  thus  granted  from  taxation,  which  last  men- 
tioned lands  shall  be  exempt  from  taxation  so  long  and  to  such 
an  extent  as  is,  or  may  be,  provided  in  the  act  of  congress 
granting  the  same. 

Sec.  4.  The  state  of  Wyoming  shall  assume  and  pay  all 
warrants,  bonds,  debts  and  liabilities  of  every  nature  that  have 
been  contracted  by  the  territory  of  Wyoming  and  remaining 
unpaid  at  the  time  of  her  admittance  into  the  union. 

Sec.  5.  The  legislature  shall  make  laws  for  the  establish- 
ment and  maintenance  of  systems  of  public  schools,  which  shall 
be  open  to  all  children  of  the  state  and  free  from  sectarian  con- 
trol. 

Mr.  PRESIDENT.  Gentlemen  of  the  convention,  File  No. 
60  contains  matter  that  perhaps  might  be  considered  by  vari- 
ous committees,  but  as  it  deals  more  generally  with  our  rela- 
tions with  the  federal  government  as  to  school  lands,  and  the 
money  that  may  be  derived  from  them,  unless  otherwise  order- 
ed it  will  be  referred  to  Committee  No.  16,  on  federal  relations, 
etc.  Is  there  objection?  The  chair  hears  none,  it  is  so  ordered. 

SECRETARY.    File  No.  61,  by  Mr.  Campbell. 

Mr.  PRESIDENT,  File  No.  61,  unless  otherwise  ordered, 
will  be;  referred  to  Committee  No.  12,  county,  city  and  town  or- 
ganization. 

Mr.  ELLIOTT. 

Mr.  PRESIDENT.  The  gentleman  from  Johnson,  Mr. 
Elliott, 

Mr.  ELLIOTT.  Committee  No.  12  on  yesterday  reported 
a  proposition  on  this  subject,  recommending  that  it  be  incor- 
porated into  the  constitution.  The  referring  of  this  question  to 
them  at  this  time  would  require  them  to  do  their  business  all 
over  again.  I  therefore  move,  if  in  order,  that  it  be  printed 
and  referred  to  the  committee  of  the  whole. 

Mr.  BURRITT,  The  report  of  Committee  No.  12,  submitted 
yesterday,  contained  all  the  provisions  that  this  proposition 
contains  in  reference  to  cities  and  towns,  except  one  brief  pro- 
vision, which,  if  printed,  the  members  can  give  it  consideration 
in  committee  of  the  whole.  The  balance  of  the  proposition 
refers  to  the  salaries  of  public  officers.  A  similar  proposition 
is  already  in  the  hands  of  the  secretary,  both  of  which  really 
ought  to  go  to  Committee  No.  15,  on  salaries  of  public  officers. 
I  therefore  move  the  reference  of  this  to  Committee  No.  15. 

Mr.  PRESIDENT.  In  the  reference  of  all  matters  of  this 
kind,  under  the  rules,  reference  to  committee  of  the  whole  has 


246  CONSTITUTIONAL  CONVENTION. 

the  preference  in  the  order  in  which  these  matters  shall  be 
'put.  The  request  is  to  refer  to  committee  of  the  whole.  All 
in  favor  of  referring  this  proposition  to  committee  of  the  whole 
will  say  aye ;  those  opposed  no.  The  noes  have  it.  The  motion 
to  refer  to  committee  of  the  whole  is  lost.  The  question  will 
now  be  ota  the  reference  of  File  No.  61  to  Committee  No.  15, 
on  salaries  of  public  officers.  All  in  favor  of  referring  File  61 
to  Committee  No.  15  will  say  aye ;  those  opposed  no.  The  ayes- 
seem  to  have  it.  File  No.  61  is  referred  to  Committee  No.  15. 

SECRETARY.    File  No.  62,  by  Mr.  Morgan. 

Mr.  MORGAN.  As  this  is  a  long  document  I  would  request 
if  it  is  in  order  that  the  first  page  only  be  read.  I  want  to  save 
the  time  of  the  convention.  The  first  page  is  all  that  is  of  any 
great  interest. 

Mr.  PRESIDENT.  Is  this  a  report  from  a  committee  of 
matter  to  go  into  the  constitution? 

Mr.  MORGAN.    It  is  a  proposition  from  a  member. 

Mr.  PRESIDENT.  If  there  is  no  objection  the  first  page 
will  be  read.  There  being  no  objection  the  clerk  will  read  the- 
first  page  of  the  proposition. 

Mr.  MORGAN.    That  is  all  that  I  care  to  have  read. 

Mr.  PRESIDENT.  File  No.  62,  unless  otherwise  ordered  by 
the  convention  will  be  referred  to  Committee  No.  2,  on  legis- 
lative department.  Is  there'  objection?  The  chair  hears  none. 
Proposition  No.  62  is  so  referred.  The  secretary  will  read. 

SECRETARY.    File  No.  63,  by  Mr.  Grant. 

Mr.  MORGAN.  I  ask  leave  that  Committee  No.  2  be  allow- 
ed to  sit  today  during  the  session  of  the  convention. 

Mr.  PRESIDENT.  Is  there  objection?  You  have  heard  the 
request  of  the  gentleman  from  Laramie  that  Committee  No.  2' 
be  allowed  to  sit  during  the  session  of  the  convention.  There 
being  no  objection,  the  committee  is  so  authorized.  The  clerk 
will  woceed. 

SECRETARY.    File  No.  63,  by  Mr.  Grant. 

Mr.  PRESIDENT.  Unless  otherwise  directed  File  No.  63' 
wrill  be  referred  to  Committee  No.  11,  taxation,  revenue  and 
public  debt.  Is  there  objection?  The  chair  hears  none;  it  is 
so  referred. 

SECRETARY.    File  No.  64,  by  Mr.  Morgan. 

Mr.  PRESIDENT.  Gentlemen  of  the  convention,  unless 
otherwise  ordered  File  No.  64  will  be  referred  to  Committee 
No.  5,  on  elections,  qualifications  to  office;,  etc.  The  chair  hears 
no  objection ;  it  is  so  ordered.  The  secretary  will  read. 

SECRETARY.    File  No.  65,  by  Mr.  McCandlish. 

Mr.  PRESIDENT.  File  No.  65,  unless  otherwise  ordered 
by  the  convention,  will  be  referred  to  Committee  No.  15,  on 
salaries  of  jmblic  officers.  Is  there  objection?  The  chair  hears; 
none.  File  No.  65  is  so  referred  to  Committee  No.  15. 

Reports  of  standing  committees  are  now  in  order. 

Mr.  PALMER,    Mr.  President. 


PROCEEDINGS  AND  DEBATES. 


247 


Mr.  PRESIDENT.  The  gentleman  from  Sweetwater,  Mr. 
Palmer. 

Mr.  PALMER    I  have  a  report  from  Committee  No.  18. 

Mr.  PRESIDENT.    Any  further  reports? 

A  committee  was  ordered  yesterday  to  inspect  the  work  of 
the  stenographer  from  day  to  day  as  that  work  may  be  pre- 
sented by  her.  I  will  appoint  on  that  committee  Mr.  Fox,  of 
Albany;  Mr.  Jeffrey  and  Mr.  Baxter,  of  Laramie. 

Are  the,re  any  further  reports  from  standing  committees? 
Any  reports  from  select  committees?  The  clerk  will  read  the 
report  of  the  committee  presented. 

SECRETARY.  Report  of  Committee  No.  18,  concerning 
Files  13  and  46. 

(See  journal  page  44.) 

Mr.  PRESIDENT.  Gentlemen  of  the  convention.  Do  you 
desire  the  matter  referred  back  to  be  incorporated  in  the  con- 
stitution, printed?  Under  our  rules,  matter  reported  by  a  com- 
mittee to  be  incorporate^  into  the  constitution  may  be  printed, 
if  so  ordered  at  this  time ;  it  will  then  lay  over  until  it  is  printed 
and  the  printed  copies  returned  to  the  convention,  and  it  will 
then  come  up  under  our  rules  for  consideration  in  committee  of 
the  whole.  If  not  printed  it  will  come  up  in  the  regular  order 
today. 

Mr.  IRVINE.  I  move  that  the  substitute  as  regards  to 
future  amendments,  that  part  of  the  report  of  Committee  No. 
18,  be  printed. 

Mr.  BURRITT.  I  move  that  File  No.  46  and  the  substitute 
be  printed. 

Mr.  McCANDLISH.    Second  the  motion. 

Mr.  IRVINE.    I  accept  that  amendment. 

Mr.  PRESIDENT.  It  is  moved  that  File  No.  46  and  the 
substitute  to  File  13  be  printed.  All  in  favor  of  the  proposi- 
tion as  made  will  say  aye ;  those  opposed  no.  The  ayes  have  it. 
The  files  as  reported  are  ordered  printed.  The  clerk  will  read. 
SECRETARY.  Report  of  Committee  No.  5. 

(See  journal  page  44.) 

Mr.  PRESIDENT.  What  will  you  do  with  the  report  of 
your  committee,  gentlemen? 

Mr.  POTTER.  I  ask  for  information.  What  is  the  proposi- 
tion reported  back  without  the  recommendation  of  the  commit- 
tee? 

Mr.  PRESIDENT.  In  order  that  the  convention  may  be  in- 
formed the  secretary  will  read  the  proposition. 

(File  No.  18  re-read  here.) 

Mr.  PRESIDENT.  The  recommendation  of  Committee  No. 
5  is  that  this  matter  be  referred  to  Committee  No.  3.  Are  you 
ready  for  the  question?  All  in  favor  of  referring  to  Committee 
No.  3  will  say  aye;  those;  opposed  no.  The  ayes  have  it.  The 
proposition  is  referred  to  Committee  No.  3.  Any  further  re- 
ports, Mr.  Secretary? 


248  CONSTITUTIONAL  CONVENTION. 

SECRETARY.     None,  Mr.  President. 

Mr.  PRESIDENT.  (3-entlemen;  the  matter  of  the  resolu- 
tion offered  by  the  gentleman  from  Albany  county,  Mr.  Hoyt, 
is  now  before  the  convention  for  its  consideration.  In  order 
that  the  convention  may  be  fully  posted  the  secretary  will  read 
the  resolutions. 

SECRETARY.    Resolutions  by  Mr.  Hoyt. 

(Reading  of  the  resolutions,  which  appear  under  date  of 
September  7th,  on  which  day  they  were  presented  to  the  con- 
vention.) 

Mr.  PRESIDENT.  Gentlemen,  the  resolution  is  before  you 
for  adoption,  amendment,  or  such  disposition  as  may  be  deemed 
proper  to  make. 

Mr.  JEFFREY.  I  wish  to  offer  an  amendment  to  be  insert- 
ed in  the  place  of  No.  2,  and  then  all  the  other  sections  will  be 
numbered  one  number  higher.  The  matter  that  I  propose  to 
insert  as  No.  2  is  a  copy  of  the  resolutions  adopted  by  the 
boards  of  county  commissioners  of  the  several  counties  in  the 
territory,  which  I  believe  was  the  foundation  of  the  action  of 
the  governor  and  other  officials. 

Mr.  PRESIDENT.  If  I  understand  it,  you  wish  to  add  to 
one  of  the  provisions  of  the  proposition,  that  matter. 

Mr.  JEFFREY.    I  do. 

Mr.  HOYT.  I  think  there  can  be  no  objection  made  to  the 
adoption  of  the  amendment.  I  think  it  might  be  embodied  in 
the  resolution. 

Mr.  PRESIDENT.  The  resolution  will  then  be  amended, 
as  suggested  by  Mr.  Jeffrey,  if  there  is  no  objection. 

Mr.  POTTER.    Is  there  any  motion  before  the  house  at  all? 

Mr.  PRESIDENT.    I  think  not, 

Mr.  POTTER,    I  move  that  it  be  adopted. 

Mr.  RINER,    Second  the  motion. 

Mr.  PRESIDENT.    Adopted  as  an  amendment? 

Mr.  POTTER,    Yes. 

Mr.  PRESIDENT.  Perhaps  the  house  ought  to  be  fully  ad- 
vised of  the  nature  of  the  amendment  before  it  is  adopted.  Will 
the  gentleman  reduce  his  amendment  to  writing,  so  we  may 
know  what  we  are  doing,  or  state  his  amendment  again? 

Mr.  JEFFREY.  Resolved,  That  the  resolutions  adopted  by 
the  several  boards  of  county  commissioners  in  the  territory  of 
Wyoming  be  incorporated  in  the  resolution. 

Mr.  PRESIDENT.  The  question  is  upon  the  adoption  of 
the  resolution.  Are  you  ready  for  the  question?  All  in  favor 
of  the  adoption  of  the  resolution  will  say  aye;  those  opposed 
no.  The  ayes  have  it;  the  resolution  is  adopted.  The  secre- 
tary will  now  read  Mr.  Hoyt's  resolution  as  amended. 

(Mr.  Hoyt's  resolution  re-read.) 

Mr.  PRESIDENT.  Gentlemen,  you  have  heard  the  resolu- 
tion read.  The  question  is  before  you  now  as  to  its  adoption 
or  other  disposition.  What  is  the  pleasure  of  the  convention? 


PROCEEDINGS  AND  DEBATES.  249 

Mr.  15URRITT.    I  move  the  resolution  be  adopted. 
Mr.  JO  1 1  XST<  )N.    Second  the  motion. 

Mr.  PRESIDENT.  The  question  is  shall  the  resolution  as 
read  be  adopted.  Are  you  ready  for  the  question?  All  in  favor 
of  the  motion  will  say  aye;  those  opposed  no.  The  ayes  have 
it,  the  resolution  stands  adopted.  Is  there  anything  further 
on  the  table  this  morning,  Mr.  Secretary? 
SECRETARY.  No,  Mr.  President, 

Mr.  TESCHEMACHER.    Mr.  President. 

Mr.  PRESIDENT.  The  gentleman  from  Laramie,  Mr. 
Teschemacher. 

Mr.  TESCHEMACHER.  I  would  like  very  much  to  call 
the  attention  of  the  committee  on  ordinances  to  the  fact  that 
we  cannot  adopt  any  provision  of  this  constitution,  if  we  are 
acting  under  Senate  Bill  2,445,  which  we  have  been  trying  to 
act  under,  until  we  have  adopted  one  ordinance,  and  as  the 
ordinance  is  a  very  simple  one,  it  seems  to  me  that  the  commit- 
tee should  report  that  ordinance  and  have  it  passed,  so  we  can 
adopt  clauses  of  this  constitution. 

Mr.  POTTER.    What  ordinance  is  that? 

Mr.  TESCHEMACHER.  It  is  the  one  that  requires  us  to 
agree  to  obey  the  constitution  of  the  United  States. 

Mr.  PRESIDENT.  The  gentleman  refers  to  the  resolution 
offered  by  Mr.  Jeffrey,  that  we  adopt  the  constitution  of  the 
United  States.  The  resolution  was  referred  to  what  commit- 
tee, Mr,  Secretary? 

SECRETARY.    No.  1,  Mr.  President. 

Mr.  PRESIDENT.    A  report  is  called  for. 

Mr.  RUSSELL.    Mr.  President, 

Mr.  PRESIDENT.    The  gentleman  from  Uinta,  Mr.  Russell. 

Mr.  RUSSELL.  It  seems  to  me  that  we  are  not  working 
under  any  one  ruling,  or  any  one  law  in  framing  this  constitu- 
tion, directly  in  opposition  to  the  will  of  the  people.  I  think 
the  only  ruling  we  are  working  under  is  representation.  We 
are  not  compelled,  as  I  understand  it,  to  take  any  particular 
part  or  to  adopt  any  particular  line  of  conduct  as  to  our  fram- 
ing of  this  constitution.  The  gentleman  from  Laramie  says 
and  often  quotes  this  law  that  is  laid  down  in  this  document 
here  of  the  senate  ruling,  or  our  application  of  that  senate 
bill.  Now,  I  don't  think  myself  we  are  working  under  any  defi- 
nite control  other  than  the  control  of  the  people  which  we  rep- 
refi^nt.  I  think  if  these  questions  were)  left  and  we  were  al- 
lowed scope  for  our  wisdom  we  should  save  a  little  of  the  time 
that  has  been  spent  here,  and  may  spend  here  in  our  decision 
of  these  matters.  I  consider  we  have;  frittered  away  a  good 
deal  of  time  in  splitting  hairs  and  deciding  matter  of  quota- 
tions of  that  ruling,  that  are  of  no  moment  to  the  people  of  our 
territory,  or  our  future  state.  They  do  not  care  to  have  us  here 
deciding  whether  we  shall  rule  this  way  or  that  way.  What 
we  want  is  some  good  law,  some  good  foundation,  and  I  object 


250  CONSTITUTIONAL  CONVENTION. 

as  a  member  of  this  convention  to  this  convention  meeting  here 
and  when  we  get  here  do  nothing  but  split  hairs  and  divide) - 
the  difference. 

Mr.  PEE  SI  DENT.  Will  the  gentleman  come  to  order? 
There  is  no  question  before  the  house  for  debate. 

Mr.  KUSSELL.  I  will  take  exception  to  the  ruling,  Mr. 
Chairman,  by  calling  attention  to  the  fact  that  I  can  talk  on 
the  quotation  made  by  the  gentleman  over  there.  I  speak  to 
the  question  alluded  to  by  him. 

Mr.  PRESIDENT.  There  is  no  question  before  the  house. 
Tf  the  gentleman  desires  he  can  appeal. 

Mr.  POTTER.    Question. 

Mr.  PRESIDENT.  It  is  within  the  power  of  the  convention 
to  call  for  the  report  of  a  committee  at  any  tune.  Is  there  a 
motion  that  the  Committee  No.  1  be  required  to  report  at  this 
time  on  the  resolution  referred  to.  The  matter  can  be  reached 
in  that  way,  if  desired  by  the  convention. 

Mr.  JEFFREY.    I  call  for  the  report  of  the  committee. 

Mr.  TESCHEMACHER,    Second  the  motion. 

Mr.  PRESIDENT.  It  is  moved  and  seconded  that  Commit- 
tee No.  1  be  required  to  report  back  on  the  resolution  offered 
by  the  gentleman  from  Laramie,  Mr.  Jeffrey,  as  to  the  adop- 
tion of  the  constitution.  The  matter  is  now  before  the  house 
for  its  action.  The  gentlejman  from  Uinta  can  discuss  the- 
question  if  he  desires. 

Mr.  RUSSELL.  I  only  wish  to  say  this.  That  I  wash  to  sup- 
port the  motion,  to  sustain  it  in  its  ruling,  but  I  object  entirely 
to  the  disposition  of  the  convention  to  occupy  its  time  as  it 
has  done  in  the  past  in  patting  me  on  the  back,  or  the  other 
fellow  on  the  back,  and  saying  we  are  good  fellows,  very  wise 
men.  For  my  part  I  am  down  here  on  my  own  account,  I  work 
for  my  living,  I  have  come  here  and  have  to  pay  my  expenses 
here.  I  stay  here  without  any  salary,  or  without  any  pay.  My 
people  that  I  represent  are  a  working  class  of  people;,  and  I 
think  we  have  had  sufficient  in  this  conA^ention  of  you  tickle 
me  and  I  will  tickle  you. 

Mr.  POTTER.  I  rise  to  a  point  of  order.  I  don't  think  the 
gentleman  is  speaking  to  the  question,  and  he  is  out  of  order,. 

Mr.  PRESIDENT.    The  point  of  order  is  well  taken. 

Mr.  RUSSELL.  I  will  go  back  to  the  question.  I  will  take 
it  up  under  that  head. 

Mr.  PRESIDENT.  When  a  question  of  order  is  raised  and 
sustained  any  gentleman  addressing  the  chair  is  required  to 
sit  dowrn.  He  may  be  permitted  to  proceed  with  his  argument 
with  the  consent  of  the  house.  Is  there  objection  to  the  gentle- 
man further  proceeding?  The  chair  hears  none.  The  gentleman 
can  proceed  by  addressing  himself  to  the  convention  on  the 
question  before  the  house. 

Mr.  RUSSELL.  The  question  is  this.  Shall  we  conform  to 
any  .particular  proceeding  in  making  our  constitution  ?  Are  the 


PROCEEDINGS  AND  DEBATES.  251 

laws  of  the  United  States  not  sufficiently  broad  enough,  ;md 
say  that  we  represent  the  people.  The  rule  that  should  g<»\ cm 
us  should  be  the  will  and  the  wish  of  the  people  we  represent, 
not  because  this  ruling  says  you  will  follow  this  proceeding, 
that  is  the  particular  way.  I  think  this  convention  will  become 
original  in  its  action,  it  will  incorporate  original  matters  per- 
haps in  its  construction  of  a  constitution,  and  that  it  will  be 
different,  and  there  is  no  la\v  laid  down  by  which  we  may  be 
governed,  other  than  the  will  of  the  people  we  represent  I 
refuse  to  sit  here  day  after  day  and  listen  to  men  pat  the  other 
fellow  on  the  back  and  call  him  hail  fellow,  well  met.  This  is 
not  making  constitutions  for  Wyoming's  people,  for  Wyoming's 
stiite.  I  think  we  have  had  perfectly  sufficient  of  this.  I  anj 
pretty  near  tired  of  sitting  here  listening  to  the  word  of  the 
other  fellow  calling  his  right  hand  neighbor  good  fellow. 

Mr.  PRESIDENT.  The  question  is  shall  the  committee  be 
requested  to  report  back  the  resolution  offered  by  the  gentle- 
man from  Laramie,  that  we  adopt  the  constitution  of  the 
United  States.  All  in  favor  of  the  motion  will  say  aye;  those 
opposed  no.  The  ayes  have  it,  Committee  No.  1  is  requested  to 
report  back  the  resolution. 

Mr.  BAXTER.  I  desire  to  inform  the  convention  that  never 
since  we  have  met  here,  since  a  week  ago  last  Monday,  except- 
ing one  day,  has  there  been  a  quorum  present  of  this  commit- 
tee, and  that  was  before  the  reference  of  this  particular  mat- 
ter was  made.  There  are  only  five  members  of  the  committee 
and  three  have  been  constantly  absent  since  the  committee  was 
formed,  except  one  dav. 

Mr.  CAMPBELL.  "Mr.  President, 

Mr.  PRESIDENT.  The  gentleman  from  Laramie,  Mr. 
Campell. 

Mr.  CAMPBELL.  I  desire  to  make  a  motion.  It  is  in  refer- 
ence to  othe  death  of  Sunset  Cox.  It  is  well  known  by  every 
person  who  has  followed  the  course  of  the  discussion  in  con- 
gress the  last  few  years,  that  there  has  been  no  more  able  or 
sincere  friend  for  the  admission  of  the  territories  into  the 
union  than  the  late  Sunset  Cox.  I  think  it  is  no  more  than  right 
that  this  convention  should  extend  its  sympathy  to  the  widow 
of  Mr.  Cox,  and  I  therefore  desire  that  this  telegram  be  sent 
to  Mrs.  Cox,  as  the  expression  of  this  convention : 

"In  the  death  of  your  distinguished  husband,  we  recognize ' 
the  loss  of  an  earnest  and  able  advocate  for  our  admission  as  a 
state.    Permit  us  to  extend  our  sympathy  in  this  your  hour 
of  affliction." 

Mr.  CAMPBELL.  I  would  move,  Mr.  President,  that  that 
message  be  sent  to  Mrs.  Cox  from  this  convention. 

Mr.  HAY.    Second  the  motion. 

Mr.  PRESIDENT.  Gentlemen,  the  question  is  upon  the 
adoption  of  the  resolution  of  the  gentleman  from  Laramie.  Mr. 
Campbell.  Are  you  ready  for  the  question?  All  In  favor  of 


252  CONSTITUTIONAL  CONVENTION. 

the  adoption  of  the  resolution  will  say  aye;  those  opposed  no. 
The  ayes  have  it;  the  resolution  is  adopted. 

Mr.  BAXTER    Mr.  President. 

Mr.  PRESIDENT.  The  gentleman  from  Laramie,  Mr.  Bax- 
ter. 

Mr.  BAXTER.  Fn  order  to  bring  the  matter  before  the  con- 
vention that  was  just  referred  to  preceding  the  adoption  of 
this  resolution,  I  desire  to  request  that  the  resolution  of  the 
gentleman  from  Laramie,  Mr.  Jeffrey,  be  referred  to  the  com- 
mittee or  ordinances.  There  is  no  telling  when  we  can  get  a 
quorum  of  that  committee,  and  I  think  the  matter  ought  to  be 
attended  to  as  soon  as  possible. 

Mr.  PRESIDENT.  The  chairman  of  that  committee  is  au- 
thorized to  make  the  report,  without  any  other  member  concur- 
ring therein. 

Mr.  BAXTER,    I  should  be  glad  to  have  that  authoroity. 

Mr.  HOLDEN.  I  desire  to  make  the  following  motion:  that 
there  be  added  to  the  committee  appointed  by  this  convention 
to  meet  and  confer  with  the  United  States  senate  committee, 
which  is  to  visit  this  city  in  the  qear  future,  first,  Hon.  M.  C. 
Brown,  president  of  this  convention;  second,  that  the  Hon.  J. 
M.  Carey  be  requested  to  act  in  conjunction  with  said  special 
committee  and  that  the  secretary  of  this  convention  be  in- 
structed to  notify  him  in  writing  of  such  request;  and  third, 
that  the  secretary  be  instructed  to  notify  Oovernor  .Warren  of 
the  action  of  this  convention  upon  the  communication  from 
said  senate  committee,  submitted  to  this  convention  by  him. 

Mr.  IRVINE.    Second  the  motion. 

Mr.  PRESIDENT.  You  have  heard  the  reading  of  the  res- 
olution. The  question  is  upon  the  adoption  of  the  resolution 
as  read.  Are  you  ready  for  the  question? 

Mr.  BAXTER.  Before  the  vote  is  taken  on  that,  I  desire 
to  say  that  I  am  opposed  to  one  part  of  the  resolution.  Itf 
seems  to  me  that  a  committee  has  been  appointed,  represent- 
ing this  convention,  and  I  doubt  the  propriety  of  asking  any 
gentleman,  not  a  mefmber  of  the  convention,  to  act  as  a  part  of 
the  committee.  I  have  no  doubt  opportunity  will  be  given 
•Judge  Carey  to  appear  before  this  senate  committee  which  is 
expected,  and  assist  in  every  way  in  presenting  to  them  all  the 
matters  that  we  desire  them  to  have,  but  I  am  opposed  to  his 
Toeing  invited  to  act  as  a  part  of  the  committee  from  this  con- 
vention. 

Mr.  JOHNSTON.  I  would  say  for  the  information  of  the 
gentleman  who  has  just  spoken  that  this  motion  was  not  in- 
tended to  include  Judge  Carey  as  one  of  the  committee,  but  to 
act  in  conjunction  with  this  committee,  but  not  as  one  of  the 
committee.  He  will  meet  these  people  more  or  less  during  the 
coming  winter  in  Washington;  he  is  the  only  person  we  have 
there  to  represent  us,  and  we  tli ought  it  only  proper  that  he 
I)e  asked  to  act  in  conjunction  with  this  committee. 


PROCEEDINGS  AND  DEBATES.  255 

Mr.  PRESIDENT.  All  in  favor  of  the  resolution  will  say 
aye;  tho«e  opposed  no;  the  ayes  have  it;  the  resolution  is 
adopted. 

Mr.  IRVINE.    Mr.  President. 

Mr.  PRESIDENT.  The  gentleman  fnn  Converse,  Mr.  Ir- 
vine. 

Mr.  IRVINE.  I  desire  to  move  that  Mr.  De  Forest  Richards,, 
who  I  presume  is  now  eligible  for  the  position,  be  placed  upon 
that  committee  to  meet  the  senate  committee. 

Mr.  PRESIDENT.  The  gentleman  from  Converse,  Mr.  Ir- 
vine, acting  for  the  delegation  from  that  county,  suggests  the 
name  of  Mr.  De  Forest  Richards,  as  a  member  of  this^  commit- 
tee. Under  the  rules,  there  being  no  other  nomination  by  the 
delegation  from  that  county,  Mr.  Richards  is  appointed  as  the 
member  from  that  section. 

Mr.  GRANT.  I  would  like  to  call  a  meeting  of  Committee 
No.  11,  at  half -past  one  in  the  committee  room. 

Mr.  HOYT.  I  desire  to  call  a  meeting  of  Committee  No.  7y 
immediately  after  adjournment  this  morning. 

Mr.  RINER.    I  move  we  take  a  recess  until  2  this  afternoon. 

Mr.  TESCHEMACHER.    Second  the  motion. 

Mr.  PRESIDENT.  Gentlemen,  it  is  moved  and  seconded 
that  we  take  a  recess  until  2  o'clock  this  afternoon.  Are  you 
ready  for  the  question  ?  All  in  favor  of  the  motion  will  say  aye ; 
those  opposed  no;  the  ayes  have  it;  the  motion  prevails.  The 
convention  will  take  a  recess  until  2  o'clock. 

Convention  reassembled  at  2  o'clock,  President  Brown  pre- 
siding. 

Mr.  PRESIDENT.  As  soon  as  the  gentlemen  are  seated, 
the  sergeant-at-arms  will  proceed  to  distribute  the  copies  of 
matters  reported  back  by  the  committee. 

Mr.  ORGAN.    Mr.  President. 

Mr.  PRESIDENT.  The  gentleman  from  Laramie,  Mr.  Or- 
gan. 

Mr.  ORGAN.  Committee  No.  20,  on  ordinances,  wish  to 
make  a  report. 

Mr.  PRESIDENT.    The  secretary  will  please  read. 

(See  journal  page  47.) 

M.  PRESIDENT.  Is  there  a  motion  to  print.  If  not  the. 
matter  reported  back  will  go  on  to  the  general  file,  to  be  con- 
sidered in  committee  of  the  whole. 

Mr.  JEFFREY.  1  move  that  the  rules  be  suspended  for  the 
purpo/se  of  '/taking  immediate  action  on  this  report.  If  it  itf 
necessary  to  suspend  the  rules. 

Mr.  PRESIDENT.  The  convention  will  go  into  committed 
of  the  whole  on  the  general  file,  and  this  will  come  up  then  in 
its  regular  order.  The  clerk  would  like  to  know  how  this  reso- 
lution got  into  the  hands  of  Committee  No.  20. 

Mr.  JEFFREY.  The  resolution  was  in  the  hands  of  Conn 
mittee  No.  1,  and  that  committee  was  requested  to  report  tlut 


254 


CONSTITUTIONAL  CONVENTION. 


same  back  to  the  convention  for  reference  to  Committee  No.  20., 

Mr.  PRESIDENT.  If  thej-e  is  no  objection  1  suppose  the( 
records  may  so  show.  It  is  the  understanding  of  the  chair  that 
one  or  two  of  our  committees  are  at  work  preparing  a  report 
to  submit  to  the  convention.  The  chair  is  delaying  to  call  up 
the  next  order  of  business  for  that  reason.  The  next  order  of 
business  Avould  be  to  go  into  the  committee  of  the  whole  on  the 
general  file.  It  may  perhaps  be  well  to  delay  until  the  commit- 
tees come  in. 

Mr.  JEFFREY.  I  move  to  take  a  recess  of  fifteen  minutes 
until  the  committees  can  get  in  some  of  their  reports  that  are 
about  ready. 

Mr.  TESCHEMACHER.  I  moves  we  amend  that  and  makej 
it  until  3  o'clock.  By  that  time  some  other  committees  will 
probably  be  able  to  make  some  reports,  and  wTe  can  then  go  toi 
work.  At  present  all  the  time  is.  taken  up  with  the  sessions  of 
the  convention  and  the  committees  cannot  possibly  do  any, 
work. 

Mr.  PRESIDENT.  It  is  moved  that  we  take  a  recess  until 
3  o'clock.  All  in  favor  of  the  motion  will  say  aye:  those  op4 
posed  no.  The  ayes  have  it;  the  convention  is  now  in  recess. 

(Recess  until  3  o'clock.) 

Mr.  PRESIDENT.    The  convention  will  come  to  order. 

Mr.  POTTER.  I  move  that  the  report  of  Committee  No.  20, 
together  with  the  substitute  and  the  resolution  with  reference 
to  the  adoption  of  the  constitution  of  the  United  States,  be  tak^ 
en  from  the  foot  of  the  file  and  placed  at  the  head  of  the  file. 

Mr.  ORGAN.    Second  the  motion. 

Mr.  PRESIDENT.  Under  our  rule  these  matters  reported 
back  go  on  to  the  general  file  in  the  order  reported.  The  mo-1 
tion  is  to  suspend  the  rules  and  place  the  file  in  reference  to' 
the  adoption  of  the  constitution  at  the  head  of  the  file,  instead 
of  leaving  it  in  its  present  order.  The  chair  wrill  not  put  the 
motion  unless  required.  Is  there  objection  to  the  file  bedng  so 
changed  ?  If  not,  by  unanimous  consent,  it  will  be  placed  at  the 
front  of  the  file. 

Mr.  PALMER.  Mr.  President,  I  have  a  report  of  Commit- 
tee No.  18. 

Mr.  PRESIDENT.  The  business  of  receiving  reports  is  nor 
at  this  time  in  order.  The  house  is  about  to  go  into  committee, 
of  the  whole  on  the,  general  file. 

Mr.  PALMER.  I  will  ask  consent  that  the  report  be, 
ordered  printed.  The  subjects  have  been  finally  considered  by 
the  committee. 

Mr.  PRESIDENT.  Gentlemen  of  the  convention,  Cornmft- 
tee  No.  18  has  reported  back  matter  to  go  into  the  constitution; 
and  ask  that  it  be  printed.  Is  there  objection?  The  chair  hears 
none.  There  being  none,  by  unanimous  consent  the  matter  is 
ordered  printed. 

Mr.  BARROW.    Mr.  President. 


PROCEEDINGS  AND  DEBATES.  255 


Mr.  PRESIDENT.    The  gentleman  from  Converse,  Mr. 
.row. 

Mr.  BAKEOW.  Committee  No.  6  asks  leave  of  the  conven* 
tion  to  sit  this  afternoon  at  once.  Owing  to  my  absence  they 
have  not  been  able  to  accomplish  much,  and  if  allowed  to  sit 
this  afternoon  I  believe  we  can  catch  np. 

Mr.  PRESIDENT.  The  house  is  about  to  go  into  committee. 
of  the  whole.  Do  the  gentlemen  desire  to  be  absent?  Commit- 
tee No.  6  asks  leave  to  be  absent  this  afternoon  to  consider 
business  before  them.  Is  there  objection  ?  The  chair  hears  none. 
Leave  is  granted,  there  being  no  objection.  A  motion  to  go  into 
committee  of  the  whole  to  consider  the  general  file  is  in  order< 

Mr.  POTER.  I  move  that  we  go  into  committee  of  the  whole 
to  consider  the  general  file. 

Mr.  PALMER.    Second  the  motion. 

Mr.  PRESIDENT.  The  motion  is  that  we  go  into  commit* 
tee  of  the  whole  to  consider  the  general  file.  All  in  favor  of 
this  motion  will  say  aye;  those  opposed  no.  The  ayes  have  it. 
The  chair  will  call  to  the  chair  Mr.  Baxter,  of  Laramie.  Mr. 
Baxter  desires  to  be  excused  from  taking  the  chair  in  commit- 
tee of  the  whole.  The  chair  will  call  upon  Mr.  Organ,  of  Lara? 
mie.  The  house  is  now  in  committee  of  the  whole,  Mr.  Organ, 
in  the  chair. 

Mr.  CHAIRMAN.  The  first  business  before  the  house  is 
the  substitute  for  Mr.  Jeifrey's  resolution  on  the  adoption  of 
the  constitution  of  the  United  States.  The  secretary  will  please 

Resolved,  That  the  delegates  to  this  convention,  elected  for 
the  purpose  of  forming  a  constitution  for  the  proposed  state  of 
Wyoming,  do  hereby  declare,  on  behalf  of  the  people  of  said 
proposed  state,  that  they  adopt  the  constitution  of  the  United 
States. 

Mr.  POTTER.  I  move  that  when  this  committee  arise  they 
report  to  the  convention  recommending  that  this  resolution  as 
just  read  be  adopted. 

Mr.  JOHNSTON.    Second  the  motion. 

Mr.  CHAIRMAN.  Gentlemen,  it  is  moved  and  seconded 
that  when  this  committee  arise  they  report  that  this  resolution; 
as  reported  by  Committee  No.  20  be  adopted.  Are  you  ready1 
for  the  question?  Any  further  remarks?  Gentlemen,  you  have 
heard  the  motion  as  moved  by  the  gentleman  from  Laramie,  Mr. 
Potter.  All  in  favor  of  the  motion  will  say  aye;  those  oppose^ 
no.  The  resolution  is  adopted. 

The  next  order  of  business  will  be  the  consideration  of  File 
No.  58,  by  Committee  No.  12,  on  municipal  corporations.  The 
secretary  will  please  read. 

SECRETARY.    File  No.  58,  by  Committee  No.  12. 
Municipal  corporations. 

Sec.  1.  The  legislature  shall  provide  by  general  laws  for; 
the  organization  and  classification  of  municipal  corporations. 
'The  number  of  such  classes  shall  not  exceed  four,  and  the  power 


256 


CONSTITUTIONAL  CONVENTION 


of  each  class  shall  be  defined  by  general  laws,  so  that  no  such 
corporation  shall  have  any  power  or  be  subject  to  any  restric- 
tions other  than  all  corporations  of  the  same  class;  and  the  leg- 
islature shall  pass  no  special  laws  for  the  incorporation  of  any 
municipality  or  for  amending  the  charter  of  any  municipality:, 
Sec.  2.  No  municipal  corporation  shall  be  organized  with- 
out the  consent  of  the  majority  of  the  electors  residing  withm 
the  district  proposed  to  be  so  incorporated,  such  consent  to  be 
ascertained  according  to  law\ 

Sec.  3.  The  legislature  shall  restrict  the  powers  of  such 
corporations  to  levy  taxes  and  assessments,  to  borrow  money 
and  contract  debts,  so  as  to  prevent  the  abuse  of  such  power, 
and  no  tax  or  assessment  shall  be  levied  or  collected,  or  debts 
contracted  by  municipal  corporations  except  in  pursuance  of 
law  for  public  purposes  specified  by  law,  nor  shall  money  raised; 
by  taxation,  loan  or  assessment  for  one  purpose  ever  be  divert- 
to  any  other. 

Sec.  4.  No  street  passenger  railway,  telegraph,  telephone 
or  electric  light  line  shall  be  constructed  within  the  limits  of 
any  municipal  organization  without  the  consent  of  its  local  au- 
thorities. 

Mr.  BROWN.    Mr.  Chairman. 

Mr.  CHAIRMAN.  The  gentleman  from  Albany,  Mr. 
Brown. 

Mr.  BROWN.  I  move  to  strike  out  all  that  portion  of  the 
first  section  after  the  word  "class"  in  the  fifth  line,  the  words, 
being  as  follows :  "and  the  legislature  shall  pass  no  special  lawg 
for  the  incorporation  of  any  municipality  or  for  amending  the 
charter  of  any  municipality."  I  make  this  motion  because  we 
have,  or  shall  have,  incorporated  into  the  constitution  provi- 
sions restricting  the  legislature  as  to  all  such  matters  as  this), 
and  it  is  not  necessary  that  it  should  be  incorporated  into  the 
constitution  under  two  different  heads. 

Mr.  POTTER.  As  a  member  of  the  committee  I  second  the 
motion. 

Mr.  CHAIRMAN.  There  is  already  a  proposition  introduced 
that  will  restrict  this  matter,  and  in  almost  the  same  language- 
as  we  have  it  here  in  this  section.  Of  course  there  is  no  doubt 
that  it  should  go  in  somewhere.  I  suppose,  the  revision  commit- 
tee would  have  the  right  to  strike  it  out  from  one  place  and 
put  it  in  another,  but  it  seems  to  me  that  we  might  just  as  well 
strike  it  out  here. 

Mr.  BURRITT.  There  is  no  question  about  the  principle 
contained  in  the  clause  that  is  proposed  to  be  stricken  out,  its 
being  all  right,  and  that  it  should  be  covered  somewhere.  Com- 
mittee No.  12,  in  considering  this  clause,  did  not  itself  deem  it 
important  that  it  should  go  in  there,  assuming  that  it  would 
be  put  in  elsewhere  in  the  clause  restricting  the  legislature's 
passing  certain  laws  of  certain  kinds.  But  lest  it  might  be  over- 
looked, or  inadvertently  left  put,  the  committee  thought  it  safer 


257 


PROCEEDINGS  AND  DEBATES. 


to  have  inserted  here,  and  when  it  comes  to  the  revision 
mittee  it  will  be  stricken  out  in  this  place  if  it  has  been  put  in- 
the  other,  and  if  it  was  not  put  in  the  other,  and 
got  in  here,  the  committee  on  revision  would  have  its  attention 
brought  to  it  if  it  was  left  out  in  the  other  place,  and  for  that 
reason  I  am  in  favor  of  this  clause  standing  for  the  present  just 
where  it  is,  the  principle  being  all  right. 

Mr.  CHAIRMAN.    Any  further  remarks? 

Mr.  BROWN.  Mr.  Chairman,  I  agree  entirely  as  to  the  mat- 
ter of  principle  with  the  gentleman  from  Johnson,  Mr.  Burritt, 
but  I  do  not  agree  with  him  as  to  the  propriety  of  leaving  it 
here.  I  think  it  was  well  for  the  committee  to  report  it  just  as 
they  did,  because,  as  the  gentleman  said,  it  reminds  the  con- 
vention of  the  necessity  for  such  a  provision,  but  under  the 
general  head  of  restrictions  on  the  legislature  the  same  propo- 
sition is  covered,  and  must  be  covered,  and  is  in  its 
proper  place.  I  doubt  very  much  whether  it  lies  in  the 
power  of  the  committee  on  revision  to  strike  out 
portions  of  any  matter  that  has  been  ordered  incorporated 
into  the  constitution.  The  powers  of  that  committee  are  not 
defined  by  our  rules,  and  it  may  be  that  the  house  can  give 
them  such  powTer,  but  as  it  stands  now,  it  does  not  seem  to1 
me  that  they  have  the  powrer  to  strike  out  any  portions  of  the 
matter  ordered  into  the  constitution  by  the  convention.  They 
have  simply  the  power  to  change  the -wording,  orthe  language 
of  different  parts  of  the  constitution  so  as  to  make  them  con- 
sistent. Of  course,  if  the  convention  should  order  the  same 
thing  into  the  constitution  twice,  it  is  possible  that  they  might 
have  the  power  to  strike,  it  out,  but  as  the  committee  of  the 
whole  has  charge  of  it  now,  why  not  prune  it  as  we  go  along? 

Mr.  SMITH.  In  file  No.  30,  section  one,  we  have  the  same 
provision  among  the  printed  matter  that  we  have  here.  The 
objection  to/  strike  out  in  this  case  for  the  reasons  given  by 
the  gentleman  from  Johnson  county  would  have  no  necessary 
application  here,  and  it  seems  to  me  that  the  smaller  we  can 
cut  the  record  down  before  we  get  to  closing  up  finally,  the 
more  we  prune  it,  it  would  be  that  much  less  work  and  less 
printing  in  thQ  end,  and  it  seems  to  me  that  it  would  be  much 
better  to  cull  as1  we  go  along,  if  we  can  do  it.  The  less  mass 
of  material  we  have  to  work  on  the  better. 

Mr.  CAMPBELL.  I  believe  in  the  principle  of  never  put- 
ting off  until  to-morrow  what  we  can  do  to-day,  although  I 
never  practice  it.  There  seems  to  be  no  division  of  sentiment 
but  what  the  proposition  should  be  put  into  the  constitution 
somewhere.  Now,  as  a  member  of  the  committee  on  revision, 
I  think  we  would  have  the  right  when  we  come  to  revise  the 
different  portions  adopted  by  the  convention  to  be  put  into 
the  constitution;  we  wrould  have  the  right  to  strike  them  out 
and  arrange  them  in  their  proper  place.  I  think  the  conven- 
tion should  declare  what  matters  should  be  put  into  the 
17 — 


258  CONSTITUTIONAL  CONVENTION. 

stitution,  but  I  think  the  question  as  to  where  they  should 
be  put  should  be  left  to  the  committee  on  revision,  when  it  re- 
vises it. 

Mr.  HOYT.  It  appears  to  me  that  the  necessity  for  such 
a  provision  as  this  has  been  so  fully  advertised  this  afternoon, 
that  it  will  hardly  be  possible  for  it  to  escape  the  attention, 
of  the  revision  committee,  and  I  believe  with  the  gentleman 
from  Albany  that  we  had  better  strike  it  out  from  its  place 
here,  leaving  it  to  be  incorporated  in  the  more  general  pro-: 
vision. 

Mr.  CHAIRMAN.  Any  further  remarks?  I  suppose  it  is 
hardly  necessary,  but  I  will  state  that  the  botion  is  to  amend 
section  1,  by  striking  out  all  after  the  word  "class"  in  the 
fifth  line  of  section  one.  All  in  favor  of  the  motion  will  please 
say  aye;  contrary,  no.  The  chair  is  undecided.  All  in  favor 
of  the  motion  will  please  rise  to  their  feet — 16.  Those  opposed 
to  the  amendment  will  please  rise — 9.  Sixteen  yeas  and  nine 
noes.  The  motion  prevails.  The  secretary  will  read  the  next 
section. 

Sec.  2.  No  municipal  corporation  shall  be  organized  with- 
out the  consent  of  the  majority  of  the  electors  residing  within 
the  district  proposed  to  be  incorporated,  such  consent  to  be 
ascertained  according  to  law. 

CHAIR    Is  there  any  alteration  to  section  2? 

Mr.  POTTER  It  strikes  me,  at  least  upon  the  reading  of. 
this,  that  Ave  can  express  the  latter  part  of  this  section  in  a 
little  clearer  manner.  In  order  to  bring  it  before  the  con- 
mittee,  I  move  by  inserting  in  place  of  the  words  "according 
to  law,"  the  words  "in  the  manner,  and  under  the  regulations 
prescribed  by  law." 

Mr.  CAMPBELL.    Second  the  motion. 

Mr.  CHAIRMAN.  It  is  moved  that  the  last  three  words  of 
Sec.  2  be  stricken  out  and  in  lieu  thereof  be  inserted  "in  the 
manner  and  under  such  regulations  as  may  be  prescribed  toy 
law."  Are  you  ready  for  the  question?  All  in  favor  of  the  pro- 
posed amendment  will  say  aye;  those  opposed  no.  The  amend- 
ment has  been  adopted. 

The  secretary  will  read  the  next  section. 

Sec.  3.  The  legislature  shall  restrict  the  powers  of  such 
corporations  to  levy  taxes  and  assessments,  to  borrow  money 
and  contract  debts,  so  as  to  prevent  the  abuse  of  such  power, 
and  no  tax  or  assessment  shall  be  levied  or  collected  or  debts1 
contracted  by  municipal  corporations  except  in  pursuance  of 
law  for  public  purposes  specified  by  law,  nor  shall  money  raised 
by  taxation,  loan  or  assessment  for  one  purpose  ever  be  divert- 
ed to  another. 

Mr.  CHAIRMAN.  Is  there  any  amendment  or  alteration  to 
Sec.  3? 

Mr.  PALMER.  I  desire  to  ask  for  a  little  information  from 
some  of  these  gentlemen  who  are  better  informed.  Suppose  a 


PROCEEDINGS  AND  DEBATES. 


259 


•city  or  town  should  raise  too  much  money — should  have  an  un- 
expended balance  in  the  treasury  that  was  raised  for  ;i  certain 
purpose.  This  law  would  seem  to  prevent  them  from  over  ap- 
plying it  to  any  other  use.  I  think  it  ought  to  be  amended 
in  some  way  so  that  money  raised  in  this  manner  might  be  di- 
verted to  some  other  use. 

Mr.  BROWN.  The  gentleman  is  entirely  right  in  his  concep- 
tion. 

Mr.  CHAIRMAN.  There  seems  to  be  no  amendment  to  Sec. 
3.    The  clerk  will  read  Sec.  4. 

Sec.  4.  No  street  passenger  railway,  telegraph,  telephone 
or  electric  light  line  shall  be  constructed  writhin  the  linmits  of 
any  municipal  organization  without  the  consent  of  its  local 
authorities. 

Mr.  CHAIRMAN.  Is  there  amendment  or  alteration  to 
Sec.  4? 

Mr.  JOHNSTON.  I  haAre  an  amendment  here  which  I  would 
like  to  propose,  not  to  Sec.  4,  but  as  another  section  to  be  added 
to  this  file. 

"Municipal  corporations  shall  have  the  right  to  acquire  wa- 
ter rights  by  prior  appropriation  to  the  use  of  water  for  domes- 
tic and  municipal  purposes,  and  the  legislature  shall  provide 
by  law  for  the  exercise  upon  the  part  of  incorporated  cities, 
towns  and  villages  of  the  right  of  eminent  domain,  for  the  pur- 
pose of  acquiring  from  prior  appropriators  upon  the  payment 
of  just  compensation  such  water  as  may  be  necessary  for  the 
well  being  thereof  and  for  domestic  uses. 

Mr.  IRVINE.  I  would  like  to  hear  that  resolution  read  by 
the  clerk,  as  I  could  not  hear  Mr.  Johnston  very  well. 

Mr.  BURRITT.  I  would  like  to  ask  that  the  gentleman 
from  Albany,  Mr  Brown,  read  that  aloud. 

Mr.  BROWN.    If  there  is  no  objection  I  will  read  it. 

(Brown  re-read  Johnston's  amendment. 

Mr.  BROWN.  I  move  to  amend  the  proposed  section  by 
striking  out  the  folowing  words  in  the  third  line:  "from  prior 
appropriators."  Also  to  strike  out  the  words  "for  the"  in  the 
last  line.  The  reason  for  striking  out  the  words  "from  prior 
appropriators"  would  be  apparent.  A  city  or  town  might  desire 
to  acquire  water  for  its  uses  and  purposes  otherwise  than  from 
prior  appropriators,  and  if  these  words  are  stricken  out  it  will 
leave  it  for  them  to  acquire  it  in  any  way  they  can.  The  whole 
section  seems  to- me  a  little  awrkward. 

Mr.  JOHNSTON.  The  section  was  gotten  up  with  the  idea 
of  adding  it  to  another  bill,  and  was  very  hastily  written.  The 
idea  of  putting  in  the  words  "from  prior  appropriators"  was 
this:  We  all  know  that  the  city  of  Denver  has  confiscated  the 
right  of  using  the  waters  of  the  South  Platte  river  from  prior 
appropriators,  without  paying  them  any  compensation  there- 
for. I  think  that  the  states  ought  to  have  the  right  to  appro- 
priate water  not  already  appropriated,  but  I  think  that  we 


260  CONSTITUTIONAL  CONVENTION. 

i 

ought  to  recognize  the  right  of  prior  appropriators,  and  if  the 
state  wants  the  water  already  appropriated  let  it  pay  for  the 
same.  That  was  the  reason  for  the  insertion  of  these  words. 

Mr.  BROWN.  I  am  not  particularly  impressed  with  the  mo- 
tion that  I  made,  hut  it  was  the  first  that  occurred  to  me  upon 
reading  that  section.  The  section  will  not,  in  my  judgment,, 
as  offered,  or  in  the  shape  it  will  be  if  my  motion  prevails,  meet, 
the  object  that  is  intended  I  think  by  it.  It  should  be  revised 
in  other  ways.  I  doubt  very  much  whether  a  municipal  corpo- 
ration could  acquire  the  right  to  water  by  appropriation,  unless 
expressly  so  authorized  by  this  constitution.  Private  individ- 
uals and  private  corporations  are  authorized  by  law  and  may  be 
by  a  general  incorporation  act  to  acquire  rights  of  this  kind, 
but  I  doubt  whether  municipal  corporations  could  acquire  wa- 
ter by  appropriation  unless  authorized  so  to  do  by  the  constitu- 
tion, either  in  connection  with  this  matter,  or  by  the  prposed 
act  on  irrigation.  If  they  can  acquire  water  by  appropriation^ 
then  this  section  as  proposed  would  meet  the  necessities  of  the 
situation,  if  they  cannot,  it  won't  meet  it. 

Mr.  BAXTER.  I  would  like  to  inquire  if  Rule  No.  4  ap- 
plies while  sitting  in  committee  of  the  whole.  If  it  does  I  move 
that  it  be  suspended. 

Mr.  RUSSELL.    Second  the  motion. 

Mr.  CHAIRMAN.  The  chair  understands  that  the  commit- 
tee of  the  whole  cannot  suspend  a  rule  of  the  convention. 

Mr.  BURRITT.    Mr.  Chairman. 

Mr.  CHAIR-MAIN.  The  gentleman  from  Johnson,  Mr.  Bur- 
ritt. 

Mr.  BURRITT.     I  move  that  this  committee  rise  and  ask 
leave  to  sit  again. 

Mr.  CHAIRMAN.    Is  there  a  second  to  the  motion  ? 

Mr.  BROWN.  Does  the  gentleman  from  Laramie,  Mr.  John- 
son, withdraw  the  offered  section? 

Mr.  JOHNSTON.  With  the  permission  of  my  second  I 
withdraw  the  proposed  Sec.  5. 

Mr.  BROWN.  I  now  wish  to  offer  one  in  place  of  it,  a  part 
of  which  is  that  offered  by  the  gentleman  from  Laramie,  Mr. 
Johnston. 

"Municipal  corporations  shall  have  the  same  right  as  indi- 
viduals to  acquire  water  rights  by  prior  appropriation  and  other- 
wise to  the  use  of  water  for  domestic  and  municipal  purposes, 
and  the  legislature  shall  provide  by  law  for  the  exercise  upon 
the  part  of  incorporated  cities,  towns  and  villages  of  the  right 
of  eminent  domain,  for  the  purpose  of  acquiring  from  prior  ap- 
propriators upon  the  payment  of  just  compensation,  such  water 
as  may  be  necessary  for  the  well  being  thereof,  and  for  domes* 
tic  uses. 

Mr.  JOHNSTON.    I  move  the  adoption  of  Sec.  5. 

Mr.  SMITH.    Second  the  motion. 


PROCEEDINGS  AND  DEBATES.  26l 

Mr.  CHAIRMAN.  It  is  moved  and  seconded  that  the  sec- 
tion as  read  by  the  gentleman  from  Albany,  Mr.  Brown,  be 
adopted.  Are  you  ready  for  the  question?  All  in  favor  of 
adopting  Sec.  5  please  say  aye;  contrary  no.  Sec.  5  is  adopted. 

Mr.  SMITH,    Mr.  Chairman. 

Mr.  CHAIRMAN.    The  gentleman  from  Carbon,  Mr.  Smith. 

Mr.  SMITH,  On  looking  over  Sec.  3,  though  we  have  passed 
it,  it  strikes  me  that  it  is  a  little  awkward  yet.  I  would  there- 
fore offer  an  amendment  to  that  section  by  addition  "except  in 
the  event  that  the  money  so  raised  shall  not  be  required  or  used 
for  the  purpose  for  which  the  same  is  raised."  Anything  of 
that  sort  would  be  likely  to  put  a  city  or  town  in  a  position 
where,  if  there  was  any  balance  left  over,  they  would  have  no 
way  of  diverting  it  to  any  other  purpose.  With  this  amend- 
ment any  money  raised  for  one  purpose  could  be  diverted 
to  another,  in  the  event  that  the  money  so  raised  shall  not  be 
required  or  needed  for  the  purpose  for  which  the  same  was 
raised. 

Mr.  PALMER.    Second  the  motion. 

Mr.  POTTER.  I  was  going  to  move  an  amendment  to  the 
amendment,  and  say  that  the  addition  be  this,  ''except  by  au- 
thority of  law." 

Mr.  CHAIRMAN.    Is  there  a  second  to  the  motion? 

Mr.  HARVEY.     Second  the  motion. 

Mr.  POTTER,  The  reason  of  that  amendment,  although  I 
am  not  wedded  to  it  by  any  means,  is  this:  that  it  would  leave 
the  matter  where  the  legislature  could  provide  properly  this 
same  thing,  or  make  even  greater  restrictions  than  this  upon 
the  matter.  I  think  it  covers  the  whole  scope  of  the  former 
amendment,  and  puts  it  in  less  words. 

Mr.  SMITH.  I  would  ask  the  gentleman  if  he  means  that 
as  a  substitute  for  the  amendment.  If  he  does  that  amendment 
would  simply  let  the  gate  down  and  make  the  entire  section- 
void,  and  open  the  gate  where  it  is  intended  to  close  it  up. 

Mr.  PALMER.  I  don't  think  that  the  substitute  for  the  sub- 
stitute exactly  covers  the  point,  for  there  is  not  anything  man- 
datory in  this.  There  is  nothing  in  it  to  compel  the  legislature 
to  enact  such  a  law.  While  that  which  was  proposed  and 
urged  by  Mr.  Smith,  if  in  the  constitution  there  would  be  no 
necessity  for  future  legislation  on  the  subject.  As  it  stands, 
or  will  stand  with  the  proposed  substitute  of  the  substitute, 
we  will  have  no  authority  in  it  compelling  the  legislature  to 
make  such  an  enactment.  I  am  therefore  in  favor  of  leaving 
it  as  urged  by  Mr.  Smith. 

Mr.  CHAIRMAN.  The  question  is  upon  the  substitute  of 
Mr.  Potter  to  the  amendment  offered  by  Mr.  Smith. 

Mr.  BTJRRITT.  Do  I  understand  that  Mr.  Potter  offers  that 
as  a  substitute? 

Mr.  POTTER,  If  there  is  no  objection  on  the  part  of  the 
committee  I  would  be  willing  to  wirhdraw  that. 


262  CONSTITUTIONAL  CONVENTION. 

Mr.  CHAIRMAN.  Is  there  objection  to  Mr.  Potter's  with- 
drawing- his  substitute?  The  question  is  now  on  the  amendment 
of  Mr.  Smith  to  Sec.  3. 

Mr.  FOX.  I  think  that  this  section  is  better  as  it  stands. 
It  will  prevent  exhorbitant  levies  of  taxes  for  any  special  pur- 
pose by  municipal  corporations,  in  excess  of  the  amount  needed, 
who  might  take  advantage  of  this  section  by  which  they  could 
squeeze  a  greater  taxation  out  of  the  people,  for  another  pur- 
pose. The  plan  of  this  amendment  is  not  a  good  one,  and  I 
think  the  section  just  as  it  is  will  prevent  all  of  these  schemes, 
and  therefore  I  am  opposed  to  the  amendment. 

Mr.  RINER.  It  seems  to  me  that  Mr.  Smith's  amendment 
is  almost  necessary  to  give  this  section  the  effect  that  is  sought 
to  be  given  it  in  the  constitution.  The  restrictions  upon  the 
power  of  the  legislature  are  advisable.  I  thing  Mr.  Smith's 
amendment  is  in  exactly  the  form  sought  to  be  reached  here 
as  a  matter  of  law.  Suppose,  for  example,  the  city  of  Cheyenne 
wants  to  raise  a  certain  tax  for  certain  street  improvements, 
before  the  work  is  begun.  It  is  impossible  to  tell  exactly  how 
much  is  necessary  for  that  purpose.  True,  we  have  our  engin- 
eer's estimates,  but  they  are  not  exact,  they  only  approximate 
the  amount,  and  the  city  goes  ahead  and  makes  the  assessment 
necessary  to  raise  the  amount  required.  Now  if  the  amount 
raised  for  that  improvement,  whatever  it  ma}7  be,  should  ex- 
ceed the  amount  necessary  for  the  construction  of  the  improve 
rnent,  then,  under  Mr.  Smith's  amendment,  when  the  public 
work  for  which  the  tax  is  raised  is  completed,  and  after  paying 
for  such,  there  be  found  a  balance  arising  from  the  tax  levied, 
for  the  purpose  of  raising  the  fund  to  complete  this  improvef- 
ment,  then  the  city  would  have  the  right,  under  this  amend- 
ment, to  divide  up  the  balance  and  apply  it  to  other  municipal 
purposes.  Now,  it  seems  to  me  that  this  is  right.  Otherwise, 
the  money  must  lie  there  unused,  there  being  no  provision  for 
returning  it  to  the  parties  from  whom  the  tax  was  raised.  Un- 
der this  amendment,  after  the  improvement  for  which  the  tax: 
is  levied  is  completed,  if  a  balance  exists,  it  provides  a  method 
whereby  it  may  be  put  to  a  proper  use,  to  other  municipal  uses, 
which  it  seems  to  me  is  proper. 

Mr.  SMITH.  I  have  nothing  to  add  to  what  the  gentleman 
from  Laramie  has  just  said,  but  this.  With  the  statute  as  it  is, 
the  legislature  can  make  no  provision  by  which  that  money 
can  be  applied  to  any  other  purpose,  if  there  was  a  surplus.  It 
tics  it  up  there  forever,  with  no  way  of  ever  getting  it  out* 
•'Shall  never  be  diverted  to  any  other  purpose,"  and  unless  some 
pro  vision  is  made  for  an  emergency  of  this  kind  now,  our  leg- 
islature would  have  no  authority  to  pass  a  law  authorizing  a 
city  to  divert  any  unexpended  balance  on  hand. 

Mr.  CAMPBELL.  I  don't  understand  as  the  gentleman; 
from  Carbon,  Mr.  Smith,  does,  that  this  money  shall  lie  idle  and 
nothing  be  done  with  it.  Take  for  instance  appropriation^ 


PROCEEDINGS  AND  DEBATES.  263 

made  for  paying  government  officials  of  the  United  States. 
Congress  provides  that  no  part  of  this  shall  go  to  any  other 
fund.  Suppose  a  balance  of  ten  thousand  dollars  is  found  at 
the  end  of  the  fiscal  year.  You  don't  mean  to  say  that  the 
money  so  raised  for  that  purpose  shall  not  go  back  into  the  treas- 
ury of  the  United  States?  It  is  the  same  here.  You  appro^ 
priate  a  certain  amount  of  money,  say  for  water  works,  twenty- 
five  thousand  dollars  is  raised,  and  only  twenty  thousand 
used.  What  becomes  of  the  unexpended  balance?  Why,  the 
five  thousand  dollars  goes  back  into  the  city  treasury,  of  course. 
Where  else  on  God's  earth  should  it  go?  There  would  be  no; 
difficulty  about  it  at  all;  it  would  go  back  into  the  city  treas- 
ury, and  would  be  appropriated  to  some  purpose. 

Mr.  POTTER.  The  mistake  made  by  my  colleague,  Mr. 
Campbell,  is  this.  This  section  three  is  not  a  restriction  upon 
the  appropriation  of  money  already  raised,  but  it  is  a  restric- 
tion upon  the  raising  of  money.  With  congress  it  is  simply 
the  appropriation  of  money  already  raised.  This  says  they 
shall  not  raise  money  except  for  a  specified  purpose,  and  after1 
raised  for  that  purpose,  it  cannot  be  diverted  to  any  purpose^ 
nor  can  the  surplus  be  diverted  to  any  other  purpose,  but  the 
surplus  must  remain  there  idle  forever,  and  the  legislature 
cannot  provide,  and  the.  state  cannot  provide  to  take  it  out. 
The  treasurer  would  have  use  of  it  for  all  times.  We  must 
of  necessity  change  this  section  in  some  way,  or  a  hundred 
dollars,  a  thousand  dollars  which  has  been  inadvertantly  raised 
for  a  specific  purpose,  for  a  special  matter  that  they  could  not 
2ot  rid  of,  that  they  could  not  use  under  any  circumstances 
for  that  purpose,  must  remain  in  the  treasury,  and  the  legis* 
lature  could  not  authorize  them  to  use  it  for  any  other  pur- 
pose, as  this  section  now  stands. 

Mr.  BROWN.  Will  the  secretary  read  the  proposed  amend- 
ment. 

(Secretary  re-read  Smith's  amendment.) 

Mr.  BROWN.  I  would  suggest  to  the  mover  that  three  on 
four  words  unless  "Necessary  for  the  purpose  raised,"  would 
cover  all  that  was  needed.  A  mere  choice  of  language,  that 
is  all. 

Mr.  BURRITT.  I  think  that  a  great  deal  of  the  trouble 
which  exists  in  the  minds  of  the  members  here  who  ore  favor- 
ing this  amendment,  arises  from  the  fact  that  they  have  not 
carefully  considered  what  taxation,  loan  and  assessment  mean* 
when  applied  to  municipal  corporations.  I  requested  that  this 
matter  might  go  over  because  I  was  not  prepared  to  aid,  to» 
defend,  as  T  would  like  to,  this  last  clause  of  this  section,  nor 
do  I  care  to  enter  minutely  into  the  discussion  of  it  now,  but 
I  think  that  that  clause  is  all  right  just  as  it  stands,  and  if 
the  members  will  take  the  trouble  to  look  up  the  words  loan, 
taxation  and  assessment  as  applied  to  municipal  corporations* 
they  will  see  that  there  is  none  of  the  rocks  ahead  of  them 


264  CONSTITUTIONAL  CONVENTION.         3^, 

that  they  seem  to  discover.  If  that  section  read,  "nor  shall 
money  raised  for  one  purpose  ever  be  applied  to  any  other?," 
then  it  would  certainly  be  subject  to  the  criticism  which  the? 
gentleman  from  Carbon,  Mr.  Smith,  makes,  but  when  it  is 
qualified  by  the  words  assessment,  taxation  or  loan,  I  believe 
that  the  objection  is  entirely  removed.  Now  to  make  that 
complete,  we  require  in  its  application  a  law  of  the  legislature 
to  be  enacted  under  section  one  of  this  file.  "The  legislature 
shall  provide  by  general  laws  for  the  organization  and  classi- 
fication of  municipal  corporations,"  etc.  Leave  this  to  the 
legislature,  'and  I  am  sure  that  the  act  could  be  so  framed, 
and  the  language  of  that  act  would  be  such  that  no  conflict, 
or  any  difficulty  of  this  kind  could  possibly  happen.  I  would 
ask  the  gentlemen  of  the  convention  what  the  exact  meaning 
of  the  words  assessment,  loan  and  taxation  is,  as  applied  to 
municipal  corporations.  An  assessment  as  applied  to  a  mu- 
nicipal corporation  is  a  special  tax  levied  against  a  special  and 
specific  piece  of  property.  In  other  words,  it  is  a  sidewalk 
tax,  a  paving  tax,  and  it  is  never  assessed  until  the  exact' 
amount  of  it  is  known  to  a  penny,  and  then  it  is  assessed; 
against  the  above  property.  A  loan  carries  with  it  the  assum* 
tion  of  a  debt  to  be  provided  for,  and  is  intended  to  coArer  th€j 
funding  of  a  city's  indebtedness.  Taxation  as  generally  ap- 
plied to  municipal  corporations  is  a  tax  to  be  levied  generally 
upon  nil  the  property  of  the  city,  for  specified  purposes,  spec- 
ified in  the  ordinance  levying  the  tax,  and  prescribed  by  the 
general  charter  of  the  city.  That  is  so  much  for  the  city  fund; 
so  much  for  the  general  fund,  and  so  on.  Now,  I  take'  it,  Mn 
Chairman,  that  because  the  city  raises  a  hundred  dollars  more 
for  the  city  fund  in  one  year  than  is  needed  for  that  fiscal  year, 
that  the  necessity  for  future  expenditures  in  the  city  will  not 
thereby  be  stopped.  I  have  gone  far  enough  to  give  the  com-, 
mittee,  so  far  as  I  am  able,  without  being  prepared,  the  idea  of 
the  committee  incorporating  this  section  into  this  file.  In  brief 
it  is  to  shut  the  door  against  the  possibility  of  the  legislature 
allowing,  or  a  municipal  corporation  performing,  the  feat  of 
beating  the  devil  around  the  stump  by  raising  money 
that  their  charter  did  not  allow  them  to  raise  for  one 
gested  by  the  gentleman  from  Carbon,  Mr.  Smith,  is  allowed, 
then  we  have  at  least  let  down  one  bar  to  its  provisions,  and  I 
am  afraid,  although  I  am  not  prepared  to  say  so  absolutely, 
that  the  entire  gate  would  be  left  open,  and  the  provision, 
might  just  as  well  be  stricken  from  the  bill. 

Mi».  RINER  I  move  I  be  allowed  another  word.  Take  Mr, 
B  limit's  proposition  as  to  a  special  assessment.  In  the  city 
of  Cheyenne  we  have  under  our  charter  the  right  to  levy  spe- 
cial assessments  upon  property,  according  to  the  city  valuation, 
for  raising  money  for  the  purpose  of  constructing  sewers.  Al 
sewer  is  1o  be  constructed  on  Eighteenth  street  past  my  resi- 
dence, a  special  iissessinent  is  made,  and  my  property  is  as- 


PROCEEDINGS  AND  DEBATES.  265 

:  sessed  $200  fnp  the  improvement.  Now,  if  it  should  be  found 
that  the  special  tax  Avhich  I  am  required  to  pay  should  over- 
run the  cost  of  the  sewer,  then  under  this  section  the  city  could 
only  put  that  surplus  to  the  construction  of  sewers  elsewhere, 
.and  allow  the  parties  upon  the  other  street  to  escape  their  just 
proportion  of  taxation.  I  want  this  section  in  some  shape  soj 
that  it  goes  back  to  the  general  fund,  and  benefits  me  as  well 
as  other  people.  If  the  section  is  left  in  the  shape  it  is  in  now 
the  special  tax  raised  for  the  construction  of  sewers  could  only 
be  used  for  the  purpose  of  constructing  sewers.  I  am  not  in- 
terested in  the  sewer  question  except  in  so  much  as  the  sewefl 
passes  my  property,  and  I  am  subjected  to  a  special  tax  for  that 
purpose.  ."Now,  suppose  that  the  levy  made  upon  me  is  $200, 
and  sewers  should  cost  but  $175 ;  there  is  a  surplus  of  $25. 
According  to  this  section  that  could  only  be  used  for  the;  conj 
strut- tion  of  sewers  in  some  other  part  of  the  town.  The  pur- 
pose as  I  understand  it  of  the  amendment  is  that  that  money, 
shall  go  back  into  the  treasury  and  be  used  in  the  general  fund, 
so  that  I  with  every  other  citizen  of  the  town  wTill  get  the  bene- 
fit of  it,  and  not  in  the  construction  of  sewers  for  somebody; 
else,  but  in  carrying  on  the  municipal  affairs  of  the  city,  in 
which  every  citizen  is  interested.  If  it  is  to  be  only  used  fat 
the  construction  of  sewers  somebody  gets  the  benefit  of  my 
$25.  Now  Hie  city  cannot,  even  on  the  engineer's  estimates, 
make  the  levy  accurately.  Sometimes  it  is  high  and  sometimes. 
it  is  low.  While  usually  correct,  it  sometimes  happens  that 
the  lev}-  is  too  high,  has  exceeded  the  cost  of  the  sewer  a  fetw( 
dollars.  Now,  as  I  understand  it,  the  purpose*  of  this; 
amendment  is  that  when  the  sewer  is  completed  and  paid  for, 
if  there  be  a  surplus,  as  has  been  the  experience  here,  then  the 
city  may  divide  up  the  same  for  gereral  municipal  expenses, 
and  not  devote  it  to  the  building  of  sewers  for  other  parties. 

Mr.  KUKRJTT.  Will  the  gentleman  from  Laramie  just  an;- 
swer  one  question?  Is  it  the  practice  in  Cheyenne  to  levy  a  tax 
for  the  construction  of  a  sewer  before  the  work  is  completed? 

Mr.  11IN.RR.    Yes,  on  the  engineer's  estimates. 

Mr.  lUJRlilTT.    A  very  bad  practice  then. 

Mr.  RINEJi.    We  have  to  pay  for  our  materials. 

Mr.  UROWN.  I  would  like  to  ask  Mr.  Kiner  a  question.  If 
the,city  levy  an  assessment  for  the  construction  of  a  sewefl 
abutting  his  property,  and  he  is  assessed  $200  ,  and  the  cost  of 
this  sewer  is  only  $175,  I  would  like  to  ask  if  he  is  willing  that 
the  $25  should  go  into  the  general  fund,  and  thereby  he  pay  a: 
tax  of  $25  move  than  the  man  who  lives  on  the  next  street  pays 
on  the  same  amount  of  property? 

Mr.  KIXEH.  That  question  is  very  easily  explained.  When 
it  comes  to  the  general  tax,  it  cuts  down  the  levy  for  the  next 
year.  I  certainly  would  rather  it  would  go  there  than  to  some 
'other  section  of  the  city  for  the  construction  of  a  sewer  for1 
.somebody  else,  from  which  I  would  derive  no  benefit,  "By  this 


266  CONSTITUTIONAL  CONVENTION. 

over  assessment  going  Lack  into  the  general  fund  it  increases 
that  fund  just  that  much,  and  it  will  not  be  necessary  to  make 
the  levy  so  high  the  next  time,  and  I  benefit  by  that  the  same 
as  every  other  citizen.  Whereas,  if  it  is  to  be  used  for  the  con- 
struction of  sewers,  it  is  not  going  to  benefit  me  one  whit,  ex- 
cept the  sewer  that  passes  my  house,  and  somebody  else  on  some 
other  street  gets  the  benefit  and  his  assessment  is  made  that 
much  lower. 

Mr.  POTTER.  I  think  this  is  a  very  important  matter,  and 
I  think  should  receive  careful  attention.  I  am  not  sure  that 
the  amendment  strikes  at  the  root  of  the  matter,  but  that  there 
should  be  a  change  here  in  some  way  should  be  apparent  The 
argument  made  by  Mr.  Burritt  is  very  plausible,  but  I  would 
like  to  make  one  suggestion  in  that  same  connection.  We  raise 
here  in  Cheyenne  by  taxation  money  with  which  to  pay  the  in-< 
terest  upon  our  water  and  sewerage  bonds,  and  to  pay  some  of 
the  principal,  each  year.  We  know  how  much  we  must  pay 
each  year.  We  know  how  much  we  must  pay  each  year,  so  that 
after  the  assessment  is  made  and  the  total  assessment  is  learn-, 
ed,  then  the  lax  is  levied  for  a  certain  number  of  mills  on  the 
dollar,  that  will,  by  computation,  raise  the  amount  of  money 
required  to  pay  the  bonds  and  interest  during  the  year.  Now 
then  Hie  time  will  comet,  the  time  has  already  come,  in  the  his1-, 
tory  of  this  city,  when  some  of  these  bonds  that  have  been  is- 
sued will  be  due,  the  last  of  the  issue  becomes  due  in  1892. 
Never  alter  that  year  will  any  tax  have  to  be  raised,  or  carj 
any  tax  be  raised,  for  the  purpose  of  paying  these  bonds.  This 
much  of  the  city's  authority  ceases  absolutely.  Now  then,  no 
one  yet,  I  believe,  has  ever  lived  to  see,  and  of  couse  it  is  ab- 
surd to  say  that  we  can  arrive  accurately  at  the  exact  amount! 
that  will  be  raised  from  a  levy  of  taxes.  Some  taxes  will  be- 
come delinquent,  some  taxes  will  never  be  collected,  there  may 
be  some  rebate,  there  may  be  some  recovered  back  from  the 
city  as  being  illegally  collected.  Now  then  take  the  year  when 
the  last  of  the  issue  of  bonds  that  were  issued  become  due,  say 
the  one  sixth  or  the  one- tenth,  whatever  it  may  be,  say  f 30,000 
of  the  principal,  in  addition  to  the  interest.  Now  then  the  city 
council  orders  an  assessment  to  be  levied  so  that  they  pay  this 
$30,000  principal,  and  the  interest  on  the  unpaid  bonds.  Now* 
tfieii  a  tax  of  a  certain  number  of  mills  upon  that  assessment 
will  raise  that  money.  Rut  suppose  for  some  reason  or  other, 
the  tax  is  not  Jill  collected,  and  the  levy  is  not  large  enough  to 
raise  thai  amount.  You  have  got  to  pay  those  bonds,  and  must 
pay  it  from  that  levy  alone,  but  how  on  earth  are  you  going  to 
do  it?  You  mnst  change  this  provision  in  some  way,  and  I  think 
you  will  all  agree  with  me  that  some  provision  should  be  made 
by  which  the  excess  in  any  one  fund  can  be  diverted  by  legisla- 
tive authority  or  in  some  other  way. 

Mr.  TUTKUITT.  As  the  chairman  of  the  committee  having 
in  charge  this  file,  I  trust  the  convention  will  bear  with  me 


PROCEEDINGS  AND  DEBATES.  267 

just  a  moment  wldle  1  make  this  statement,  that  it  seems  to 
me  that  these  arguments  presented  by  the  gentlemen  here  on 
my  left,  Mr.  Potter,  only  go  to  show  that  this  is  not  a  bad  bill 
but  tlu.it  Cheyenne  has  got  a  pretty  bad  charter,  and  some  badj 
practices  in  the  way  of  levying  and  collecting  taxes.  If  assess- 
ments are  levied  for  the  building  of  sewers  and  sidewalks  Jbe- 
fore  they  are  down,  it  is  certainly  a  most  extraordinary  prac- 
tice, nor  do  I  imagine  that  my  friend  Mr.  Kiner  would  consent 
for  a  moment  that  $25  of  his  hard  earned  money  should  go  into 
the  general  fund  of  the  city.  I  venture  to  assert  that  he  would 
Have  in  a  bill  against  the  city  for  the  return  of  his  money,  and 
that  if  the  city  did  not  see  fit  to  return  it  he  would  sue  for  it, 
and  he  would  beat  the  city  and  get  his  money  back  with  the 
costs,  because  the  charter  that  allows  any  such  proceeding  as 
that,  chat  allows  a  tax  to  be  levied  specially,  on  a  special  as- 
sessment, for  an  improvement  past  Mr.  Riner's  property,  to 
exceed  the  amount  required,  is  illegal.  It  is  an  illegal  assess-* 
ment,  it  cannot  be  collected,  and  if  Mr.  Riner  pays  it,  he  cer- 
tainly Ins  the  right  to  recover  it  back.  As  I  understand  the 
object  of  this  convention,  we  are  to  frame  a  constitution  with- 
out any  reference1  to  the  faulty  and  erring  legislation  of  the 
past,  but  with  reference  to  the  perfect,  complete  and  equita- 
ble legislation  of  the  future,  and  if  we  are  to  take  for  an  exam- 
ple, or  to  be  guided  by  what  is.  or  is  not  desirable  in  this  mat- 
ter let  us  but  look  at  charters  that  have  been  granted  to  cities 
by  past  legislatures  of  the  territory  of  Wyoming,  and  finish  the 
work  out  by  incorporating  into  the  constitution  so  much  of  the 
provisions  of  the  revised  statutes  of  Wyoming  as  refer  to  the* 
municipal  charters  already  granted.  Mr.  Chairman,  we  are  here 
to  frame  a  constitution  not  with  reference  to  the  weakness  of 
the  past,  tub  the  perfection  that  is  desired  in  the  future,  and  I 
think  that  a  consideration  of  the  last  clause  of  this  section,  tak- 
en in  connection  with  the  bill  that  is  presumed  to  be  passed,  to 
have  been  passed  by  the  legislature,  in  Sec.  1  of  this  act  obviate 
all  of  the  difficulties,  which  I  frankly  confess,  under  the  exist- 
ing state  of  affairs,  unfortunately  exist  in  the  city  of  Cheyenne, 

Mr.  CHAIRMAN.    Any  further  remarks? 

Mr.  BROWTN.  I  have  listened  with  a  great  deal  of  interest 
to  the  remarks  made  by  the  several  gentlemen  who  have  dis^ 
cussed  this  question,  and  I  am  to  some  degree  persuaded  both 
ways.  There  is  a  irood  deal  of  force  in  all  of  the  several  posi- 
tions taken.  I  realize  fully  the  importance  of  the  suggestions! 
made  by  the  gentleman  from  Albany,  Mr.  Fox,  because  of  the 
experience  we  have  had  in  our  own  county.  I  remember  several 
instances  where  assessments  have  been  made  in  the  county  to) 
pay  for,  for  instance,  a  judgment  against  the  county.  The  law; 
requires  a  special  assessment  for  that  purpose.  Now,  our  coun- 
ty commissioners  under  such  circumstances  have  levied  a  tax 
not  only  sufficient  to  pay  off  and  discharge  the  judgment,  but 
have  left  in  the  treasury  a  surplus  of  from  several  hundred 


CONSTITUTIONAL  CONVENTION. 

to  several  thousand  dollars.  Of  course  this  money  has 
been  honestly  expended,  and  expended  in  the  payment  of  the 
debts  of  the  county,  but  this  proposed  restriction  is  to  restrict 
the  action  of  city  trustees  in  just  such  matters  as  this.  They 
should  not  be  tempted  because  of  the  looseness  of  the  law  t<\ 
levy  a  larger  tax  th.an  is  actually  necessary  for  the  purpose, 
named.  Now,  I  believe  by  proper  legislation,  this  clause  can 
be  enforced  and  no  harm  done  to  cities  or  municipal  corpora- 
tions. If  the  suggestion  made  by  Mr.  Potter  is  a  correct  prop- 
osition, certainly  then  there  would  be  money  lying  in  the  treas- 
ury that  could  not  be  diverted  to  any  other  use,  and  I  desire 
to  call  the  attention  of  the  gentleman  from  Johnson  to  the 
construction  placed  upon  this  clause  as  argued  by  himself. 

Mr.  POTTER.  Take  the  case  of  a  city  being  compelled 
to  levy  a  tax  to  pay  a  judgment.  Do  you  think  that  any  body 
Of  men,  even  in  this  enlightened  day,  could  levy  such  a  tax 
as  to  raise  the  exact  dollar  of  the  judgment  upon  any  assessed 
valuation,  and  collect  it?  I  myself  do  not  think  we  have 
reached  that  stage  of  enlightenment  yet. 

Mr.  BROWN.  I  am  afraid  to  say,  in  answer  to  the  gen-1 
tleman  from  Laramie,  Mr.  Potter,  that  this  could  not  be  done, 
there  is  no  doubt  about  it  at  all,  but  the  question  is  would 
we,  by  the  restrictions  of  this  section  if  amended,  be  in  the* 
position  that  if  there  was  a  surplus  it  could  not  be  diverted 
and  applied  to  the  payment  of  any  other  debt.  The} 
object  of  the  tax  is  to  pay  a  debt.  Is  it  to  be  sup- 
posed that  because  we  have  stated  in  our  assessment  no- 
supposed  that  because  we  have  stated  in  our  assessment  no- 
tice that  this  tax  is  to  pay  a  certain  loan  or  judgment,  or  some 
-other  form  of  indebtedness,  that  the  surplus  cannot  be  used 
to  discharge  any  indebtedness  other  than  the  particular  one 
:named? 

Mr.  POTTER.    That  is  what  it  says. 

Mr.  BROWN.  Ts  that  the  construction  the  section  must 
necessarily  have?  If  it  is,  I  agree  with  the  gentleman  from 
Laramie  that  it  should  be  changed.  The  only  matter  of  any 
importance  is  as  to  the  proper  constructions  of  the  section. 
I  doubt  very  much  whether  a  court  would  construe  it  as  in- 
'dicated  by  that  gentleman.  When  a  tax  is  levied  for  the  pur- 
pose of  paying  a  bonded  indebtedness,  it  is  a  single  form  of 
indebtedness,  but  there  are  other  debts  that  might  be  paid 
by  the  surplus  if  there  was  any.  It  seems  to  me  if  the  section 
is  to  have  the  strict  construction  indicated  by  the  gentleman 
from  Laramie,  it  must  be  amended,  or  that  money  must  remain 
forever  idle  in  the  treasury;  there  is  no  way  to  get  it  out. 
The  only  question  is  as  to  the  construction. 

Mr.  £MITH.  There  has  been  so  much  talk  about  this  mat- 
ter that  I  shall  not  take  up  the  time,  but  I  desire  to  call 
attention  to  one  or  two  questions,  or  matters.  The  first  is 
that  the  rule  of  construction  in  the  application  of  laws  is  a 


PROCEEDINGS  AND  DEBATES.  269 

strict  one;  we  don't  get  liberal  construction  in  applying  laws, 
The  second  point  is  that  thus  far  the  debate  has  been  princi- 
pally on  the  levying  of  assessments  and  the  collection  of  taxes. 
But  this  section  also  provides  for  the  borrowing  of  money. 
Now,  suppose  a  town  wants  to  build  water  works,  or  sewers, 
and  has  to  borrow  the  money,  say  two  hundred  thousand,  or 
a  hundred  thousand,  according  to  the  size  of  the  town,  for 
that  purpose  It  is  done  on  an  estimate,  and  you  must  bor- 
row enough  to  pay  for  it  because  there  will  be  no  other  means 
of  paying  for  it.  Now  suppose  you  borrow  too  much,  antf 
there  is  a  surplus.  What  are  you  going  to  do  with  it?  If 
you  are  enacting  a  state  law,  or  a  general  law,  it  would  be 
a  different  thing,  but  here  you  are  putting  a  fundamental  law 
into  a  charter  by  which  you  establish  a  state,  and  in  that 
you  provide  that  no  money  borrowed  for  one  purpose  shall 
ever  be  diverted  to  any  other;  that  being  the  case  there  can 
be  no  getting  around  it.  It  is  true  if  the  law  was  indefinite, 
the  courts  might  construe  it  differently,  but  here  the  language 
is  too  plain,  too  clear  to  put  any  otner  meaning  into  it.  I 
don't  care  whether  you  adopt  the  language  of  my  amendment 
or  not,  that  is  of  little  importance,  but  you  must  amend  it  rrf 
some  way. 

Mr.  CHAIRMAN.  Any  further  remarks?  Any  sugges- 
tions to  further  amend?  The  question  is  on  the  proposed 
amendment  to  section  3.  All  in  favor  of  the  motion  will  say 
aye;  those  opposed,  no.  The  chair  is  undecided.  All  in  favor 
of  the  amendment  will  please  rise  and  stand  until  counted. 
13  in  the  affirmative.  Those  opposed  will  please  rise  and  stand 
until  counted — 12.  The  motion  is  carried,  and  the  section  is 
amended.  The  secretary  will  read  the  next  section. 

Sec.  4.  No  street  passenger  railway,  telegraph,  telephone 
or  electric  light  line  shall  be  constructed  within  the  limits 
of  any  municipal  organization  without  the  consent  of  its  local 
authorities. 

Mr.  CHAIRMAN.  Any  amendments  to  section  4,  of  the 
printed  bill.  The  chair  hears  none.  The  section  stands  ap- 
proved. 

Mr.  POTTER.  I  move  when  this  committee  arise  they  re- 
port back  file  No.  58  to  the  convention,  with  the  recommen- 
dation that  it  be  adopted  in  the  constitution  as  amended. 

Mr.  SMITH.    Second  the  motion. 

Mr.  CHAIRMAN.  Gentleman,  you  have  heard  the  mo- 
tion that  when  this  committee  arise  they  report  back  file  No. 
58,  as  amended,  with  the  recommendation  that  it  be  adopted 
in  the  constitution.  Are  you  ready  for  the  question.  All  in 
favor  of  the  motion  will  say  aye;  those  opposed,  no.  The  ayes; 
have  it,  the  motion  prevails. "  Gentlemen,  the  next  thing  to 
come  before  the  committee  is  file  No.  57,  reported  by  com- 
mittee No.  12. 

Mr.  BURRITT.    Mr.  Chairman. 


270  CONSTITUTIONAL  CONVENTION. 

Mr.  CHAIRMAN.  The  gentleman  from  Johnson,  Mr.  Bur- 
ritt. 

Mr.  BURRITT.  I  move  that  this  committee  do  now  rise 
and  report.  The  reason  I  do  this  is  that  the  report  of  com- 
mittee No.  12  covers  an  important  matter,  and  should  be  print- 
ed for  the  information  of  the  committee. 

Mr.  TESCHEMACHER.     Second  the  motion. 
Mr.  CHAIRMAN.     It  is  moved   and   seconded  that  this 
committee  do  now  rise  and  report.    All  in  favor  of  the  motion 
will  say  aye;  those  opposed,  no.  The  ayes  have  it,  the  com- 
mittee will  now  rise  and  report. 

Report  of  the  committee  ofthe  whole. 

Mr.  President: —  Your  committee  of  the  whole  having  had 
under  consideration  file  No.  58,  report  the  same  back  to  the 
convention  with  the  recommendation  that  it  be  adopted  as  a 
part  of  the  constitution  as  amended. 

C.  P.  ORGAN,  Chairman. 

Mr.  PRESIDENT.     What  will  you  do  with  the  report  of 
your  committee,  gentlemen? 

Mr.  POTTER.  If  a  motion  is  necessary,  Mr.  President,  I 
move  that  the  report  be  received  and  placed  upon  the  general 
file  for  consideration  at  the  proper  time. 

Mr.  PRESIDENT.  The  convention  will  perceive  that  these 
propositions  to  be  incorporated  into  the  constitution  as  they 
stand  now  amended  ought  to  be  engrossed  it  seems  to  me 
before  they  are  finally  passed.  It  seems  to  me  they  ought  to 
be  put  in  shape  before  they  are  passed  upon  finally.  We  have 
no  engrossing  clerk,  or  any  provision  for  having  such  work 
done.  I  just  wish  to  call  the  attention  of  the  convention  to 
this  matter,  so  they  may  take  such  action  as  may  be  neces- 
sary. As  the  matter  stands  now,  it  will  have  to  go  to  the 
revision  committee.  Is  there  a  second  to  the  motion  of  the 
gentleman  from  Laramie,  Mr.  Potter. 
Mr.  JOHNSTON.  Second  the  motion. 
Mr.  PRESIDENT.  The  question  to  be  presented  to  the 
convention  now  is  upon  the  passage  of  this  resolution  that 
was  considered  by  the  committee  of  the  whole  and  reported 
back  with  the  recommendation  that  it  be  adopted.  The  reso- 
lution adopting  the  constitution  of  the  United  States.  The 
question  before  the  convention  is  on  the  adoption  of  that 
resolution.  Are  you  ready  for  the  question?  All  in  favor  of, 
the  motion  will  say  aye;  those  opposed,  no.  The  ayes  have 
it,  the  constitution  of  the  United  States  stands  adopted. 

Mr.  RINER.  I  rise  for  information,  because  I  am  not  famil- 
iar wilh  the  rules.  It  seems  to  me,  however,  that  matters 
which  are  finally  passed  for  incorporation  into  the  constitution 
should  certainly  be  passed  upon  by  a  call  of  the  roll,  that  w<* 
may  know  who  votes,  and  how  they  voted.  I  don't  know  wheth- 
er the  rules  provide  for  that,  but  I  think  it  should  certainly  be 
done. 


PROCEEDINGS  AND  DEBATES. 


271 


Mr.  PRESIDENT.  Rule  49  provides  for  this.  After  being 
reported  the  propositions  with  the  amendments  thereto  by  the 
committee  of  the  whole  shall  be  immediately  taken  up  for  con- 
sideration, unless  it  shall  be  otherwise  ordered  by  the  conven- 
tion, and  again  be  subject  to  discussion  or  amendment  before 
the  question  to  engross  for  final  reading  shall  be  taken.  Kule 
5:!  also  provides  that  when  such  propositions  shall  have  been 
considered  in  committee  of  the  whole  and  amendments  thereto; 
have  been  disposed  of  by  the  convention,  question  shall  be  on 
ordering  the  final  reading  and  fixing  the  time  thereof.  The 
question  before  the  house  at  this  time,  it  seems  to  the  chair, 
would  properly  come  under  Kule  25,  for  fixing  the  time  of  the 
final  reading.  The  chair  will  state  that  he  understands  the 
gentleman  from  Laramie,  Mr.  Riner,  to  raise  the  question  as  to 
the  proper  way  of  adoption  of  the  resolution  relating  to  the 
adoption  of  the  constitution  of  the  United  States.  The  chaiij 
is  of  the  opinion  that  this  is  not  a  matter  to  be  incorporated 
into  the  constitution,  but  is  in  the  nature  of  a  resolution  adopt- 
ed by  this  convention,  as  a  part  of  its  proceedings.  The  only 
doubt  which  exists  in  fthe  mind  of  the  chair  is  as  to  whetheu 
the  vote  on  this  resolution  was  properly  taken  under  the  rules. 
Rule  55  provides  that  the  final  vote  agreeing  to  each  proposi- 
tion and  upon  agreeing  to  the  instrument  as  a  whole  shall  be 
taken  by  the  yeas  and  nays,  but  this  does  not  refer-'to  the  pas- 
sage of  resolutions  such  as  we  have  just  passed,  but  if  it  is  the 
wish  of  the  convention  to  vote  upon  the  resolution  by  ayes  and 
nays,  it  can  be  done,  but  the  rules  do  not  seem  to  require  it  so 
far  as  I  can  see. 

Mr.  RINER.  I  can  see  that  the  rules  do  not  seem  to  require 
it,  but  it  seems  to  me  that  the  final  action  upon  all  these  mat- 
ters should  be  in  the  same  manner  as  on  propositions  to  go  into 
the  constitution^  and  that  the  roll  should  be  called  as  to  all 
matters  when  they  are  finally  acted  upon.  That  would  be  the 
better  method  of  proceeding,  although  I  can  see  nothing  in  the 
rules  requiring  it. 

Mr.  POTTER.  I  think  we  ought  to  take  the  yeas  and  iiaysl 
upon  this,  especially  as  it  is  one  of  the  requirements  of  congress 
that  we  do  adopt  the  constitution  of  the  United  States. 

Mr.  PRESIDENT.  If  that  is  the  sense  of  the  convention, 
and  it  seems  to  be,  the  yeas  and  nays  will  be  called  on  the  prop- 
osition to  adopt  the  constitution  of  the  United  States. 

The  secretary  will  read  the  resolution. 

(Resolution  re-read.) 

Mr.  PRESIDENT.     Gentlemen,  you  have  heard  the  final 
reading  of  the  resolution,  the  question  is  now  upon  its  adop 
tion.    So  many  as  favor  the  adoption  of  the  resolution  will  say 
aye,  as  their  names  are  called;  those  opposed  will  say  no.    The 
secretary  will  call  the  roll. 

(See  journal  page  48.) 


272 


CONSTITUTIONAL  CONVENTION. 


Mr.  PRESIDENT.  Gentlemen  of  the  convention,  the  resolu- 
tion adopting  the  constitution  of  the  United  States  has  been 
passed  by  the  following  vote:  Ayes,  45;  noes,  none;  absent,  9. 
Mr.  FOX.  Would  it  be  in  order  to  make  the  motion  thatt 
those  who  are  absent  can  attach  their  vote  to  this  question 
when  they  appear? 

Mr.  PRESIDENT.  They  cannot  have  their  votes  attached. 
Unless  they  are  here  and  vote  when  their  names  are  called 
they  have  no  vote. 

Mr.  FOX.  My  idea  was  to  have  the  vote  of  every  member; 
upon  this  question. 

Mr.  BURRITT.    Mr.  President. 

Mr.  PRESIDENT.  The  gentleman  from  Johnson,  Mr.  Bur- 
ritt. 

Mr.  BURRITT.     I  move  that  the  further  consideration  of 
File  No.  58  be  postponed  until  tomorrow. 
Mr.  ORGAN.    Second  the  motion. 

Mr.  PRESIDENT.  Gentlemen,  the  question  is  upon  post- 
poning further  action  on  File  No.58  until  tomorrow. 

All  in  f avor  of  the  motion  will  say  aye ;  those  opposed  no. 
The  ayes  have  it;  further  consideration  of  File  No.  58  is  post- 
poned until  tomorrow. 

Mr.  JEFFREY.    Mr.  President,  I  ask  the  unanimous  con- 
sent of  the  convention  to  present  at  this  time  the  report  of 
Committee  No.  5,  reporting  matter  which  they  desire  to  have- 
printed. 

Mr.  PRESIDENT.  The  gentleman  from  Laramie,  Mr.  Jef- 
frey, asks  unanimous  consent  to  present  a  report  at  this  time. 
Is  there  objection?  The  chair  hears  none;  the  gentleman  will 
present  his  report.  The  secretary  will  read  the  report  of  Com- 
mittee No.  5. 

(See  journal  page  40.) 

Mr.  PRESIDENT.    The  clerk  will  read  the  substitute. 
Mr.  BURRITT.    I  see  no  reason  why  this  should  be  read  to 
the  convention.    I  move  it  be  referred  to  the  printing  commit- 
tee and  ordered  printed. 

Mr.  TESCHEMACHER.  Second  the  motion. 
Mr.  PRESIDENT.  The  chair  would  call  the  attention  of 
the  gentlemen  to  Rule  No.  51.  "All  reports  of  the  committees 
containing  matter  to  be  incorporated  in  the  constitution  shall 
be  considered  in  the  order  in  which  the  reports  are  made,  and 
upon  their  introduction  and  full  reading  before  the  convention, 
such  matters  to  be  incorporated  shall  be  laid  upon  the  table, 
and  (when  so  ordered)  be  printed."  This  seems  to  be  the  mat- 
ter that  is  introduced  by  the  committee,  as  I  understand  it, 
for  full  reading  at  this  time.  Of  course,  it  can  be  disposed  of 
otherwise,  by  the  action  of  the  convention.  Is  there  objection 
to  the  reading  being  dispensed  with  at  this  time?  The  chair 
hears  none.  The  question  will  then  be  upon  the  motion  of  the 
gentleman  from  Johnson,  Mr.  Burritt,  to  print.  All  in  favor 


PROCEEDINGS  AND  DEBATES. 


273 


of  the  motion  will  say  aye;  those  opposed  no;  the  ayes  have  it; 
the  motion  to  print  prevails.  Are  there  any  further  reports? 

Mr.  PALMER.    I  have  a  report  of  Committee  No.  18. 

Mr.  PRESIDENT.  Does  the  gentleman  wish  it  read  at  this 
time? 

Mr.  PALMER.  I  do  not,  but  move  that  it  be  rerfered  to  the 
printing  committee. 

Mr.  CAMPBELL.    Second  the  motion. 

Mr.  PRESIDENT.  The  motion  is  to  print  the  report  of  Com- 
mitteemittee  No.  18.  All  in  favor  of  the  motion  will  say  aye ; 
those  opposed  no.  The  ayes  have  it ;  the  report  will  be  printed. 

Mr.  ORGAN.  I  move  that  we  now  adjourn  until  10  o'clock 
tomorrow  morning. 

Mr.  BAXTER.'    Second  the  motion. 

Mr.  PRESIDENT.  It  is  moved  and  seconded  that  we  now 
adjourn  until  10  o'clock  to  morrow  morning.  All  in  favor  of 
the  motion  will  say  aye;  those  opposed  no.  The  ayes  have  it? 
the  convention  will  now  adjourn. 


TENTH  DAY. 
MORNING  SESSION. 

Thursday,  Sept.  12,  1889. 

Convention  reassembled  at  10  o'clock. 

President  Brown  in  the  chair. 

Mr.  PRESIDENT.  The  convention  will  please  come  to  or- 
der. 

Prayer. 

Mr.  PRESIDENT.    The  secretary  will  please  call  the  roll. 

SECRETADRY.  Thirty-nine  members  present,  Mr.  Presi- 
dent. 

Mr.  MORGAN.    Mr.  President. 

Mr.  PRESIDENT.  The  gentleman  from  Laramie,  Mr.  Mor- 
gan. 

Mr.  MORGAN.  I  wish  to  ask  that  the  committee  on  legis- 
lative department  be  permitted  to  sit  during  the  day,  to  finish: 
up  important  business. 

Mr.  BURRITT.    I  object. 

Mr.  PRESIDENT.  Leave  can  be  granted  by  vote  of  the  con- 
vention, but  I  suggest  to  the  gentleman  from  Laramie  that 
such  motion  be  not  presented  until  after  the  reading  of  the  rec- 
ord, which  will  not  take  a  moment.  There  might  be  some  sug- 
gestions or  corrections  to  be  made  by  the  gentlemen  who  would 
be  absent  in  the  committee.  The  secretary  will  read  the  jour- 
nal. 
18 — 


274  CONSTITUTIONAL  CONVENTION.  !r ' 

{Reading  of  journal  of  ninth,  day.) 

Mr.  PRESIDENT.  Are  there  any  corrections  to  be  made  in 
the  journal? 

Mr.  CONAWAY.     There  was  a  proposition  introduced  by 
Mr.  Frank,  in  regard  to  the  suffrage  question— I  have  forgotten 
the  number  of  the  file.    The  record  was  read  showing  it  was 
referred  to  Committee  No.  7,  which  I  think  is  a  mistake.     j(f,| 
think  it  should  be  No.  5. 

Mr.  PRESIDENT.  Are  there  any,  further  corrections  to  be 
suggested  ?  The  chair  hears  none  and  the  record  stands  ap- 
proved. 

Mr.  RINER,    Mr.  President. 

Mr.  PRESIDENT.  The  gentleman  from  Laramie,  Mr.  Ri- 
ner. 

Mr.  RINER.  I  would  like  very  much  to  get  a  meeting  of 
Committee  No.  3,  and  I. am  informed  that  Mr.  Moore  of  Crook 
county  will  not  be  here.  If  my  information  in  regard  to  that 
matter  is  correct,  I  would  like  to  have  his  place  filled  on  Com- 
mittee No.  3  by  some  member  from  that  county  who  is  present. 

Mr.  PRESIDENT.  Committee  No.  3,  executive  department. 
The  chainnan  will  name  as  the  representative  from  Crook 
county  on  that  committee  in  the  place  of  Mr.  Moore,  Mr.  R.  H. 
Scott.  And  also  on  Committee  No.  2  in  place  of  Mr.  Moore, 
Mr.  Meyer  Frank,  of  Crook  county. 

Mr.  FRANK.    Mr.  President. 

Mr.  PRESIDENT.    The  gentleman  from  Crook,  Mr.  Frank., 

Mr.  FRANK.  I  have  just  received  a  communication  from. 
Mr.  Scott  that  he  has  been  called  away  on  important  business, 
and  wishes  to  be  excused  for  ten  days.  Perhaps  it  would  be 
well  to  put  some  one  else  on  that  committee  in  his  place. 

^.PRESIDENT.  If  Mr.  Scott  is  not  to  be  present  the 
chair  will  name  Mr.  Richards  in  place  of  Mr.  Scott  on  Commit- 
tee No.  3. 

Mr.  SMITH.    Mr.  President. 

Mr.  PRESIDENT.    The  gentleman  from  Carbon,  Mr.  Smith. 

Mr.  SMITH.  I  asked  the  other  day  that  this  matter  be  de- 
ferred a  few  days.  I  see  Mr.  Davis  is  on  Committee  No.  3.  If 
that  committee  wants  to  get  to  work  it  would  perhaps  be  well 
to  fill  his  place,  as  I  have  not  yet  heard  a  word  as  to  when  he 
will  be  down  here. 

Mr.  PRESIDENT.    The  chair  has  held  the  place  in  which   • 
Mr.  Davis'  name  was  put  on  that  committee  as  vacant.    I  have*(rr 
heard  that  he  will  be  here  in  a  day  or  two,  and  his  services  will 
be  valuable  when  he  comes,  and  unless  desired  by  the  conven- 
tion I  will  not  fill  the  place  at  this  time.    If  the  convention  de- 
sires I  will  fill  the  committee  at  any  time,  when  it  is  requested.,    - 
Does  the  gentleman  from  Carbon,  Mr.  Smith,  move  that  the 
place  be  filled? 

Mr.  SMITH.    I  do  not  care  to. 

— 8! 


PROCEEDINGS  AND  DEBATES.  275 

Mr.  BAXTEE.  Because  of  the  continued  absence  of  a  ma- 
jority of  Committee  No.  1 1  think  it  might  ,be  well  to  make  some 
substitutes  on  that  committee,  or  to  add  a  few  names  to  the 
committee  in  order  that  we  might  have  a  quorum. 

Mr.  PRESIDENT.  I  ^  ill  »ay  to  the  gentl  man  from  Lara- 
mie  that  I  think  there  is  no  doubt  as  to  the  correctness  of  the 
information  that  I  have  received  in  regard  to  the  members  of 
his  committee.  Mr.  Clark  will  be  here  by  10  o'clock,  or  as  soon 
as  the  train  comes  in,  and  it  is  expected  that  Col.  Downey  will 
be  hero  in  a  day  or  two.  Mr.  Hopkins  stated  when  he  left 
that  he  would  be  back  on  to-morrow's  train,  so  that  as  the 
committee  is  now  constituted,  a  large  majority  of  its  members 
will  be  present  within  the  next  twenty-four  hours.  Is  it  the 
desire  of  the  convention  that  there  be  new  members  added  to 
the  committee?  It  can  be  done  at  any  time. 

The  gentleman  from  Laramie,  Mr.  Morgan,  made  a  motion 
a  little  while  ago  that  committee  No.2  be  excused  during  the 
sitting-  of  the  convention  to-day.  Are  you  ready  for  the  ques- 
tion? All  in  favor  of  the  motion  will  say  aye;  those  opposed, 
no.  The  noes  seem  to  have  it.  The  noes  have  it,  the  conven- 
tion refuses  to  excuse  committee  No.  2  during  the  session. 

Mr.  POTTER.  Mr.  Organ  desired  me  to  ask  the  conven- 
tion to  excuse  him  from  its  session  to-day,  as  he  was  called, 
out  of  town  on  important  business,  and  will  not  return  until 
this  evening. 

Mr.  PRESIDENT.  Is  there  objection  to  Mr.  Organ's  being 
excused  for  the  day?  The  chair  hears  no  objection,  and  the 
record  will  show  that  he  is  so  excused.  It  is  so  ordered,  Mr. 
Secretary. 

Mr.  BAXTER.    Mr.  President. 

Mr.  PRESIDENT.  The  gentleman  from  Laramie,  Mr. 
Bnxter. 

Mr.  BAXTER.  I  think  the  fact  developed  in  our  work  yes- 
terday that  we  have  reached  a  point  where  the  services 
of  an  enrolling  and  engrossing  clerk  should  be  secured,  and 
I  desire  to  ask  if  the  chair  will  entertain  a  motion  for  the 
creation,  of  that  office? 

Mr.  PRESIDENT.  It  is  a  matter  entirely  under  the  con- 
trol of  the  convention.  They  can  create  such  offices  as  thev 
please.  The  report  of  the  committee  on  rules  provided  for 
certain  officials.  If  additional  officers  are  to  be  provided  for, 
it  would  seem  to  change  the  present  rules.  The  chair  would 
"Siitfgpst  to  tlu  g  ntlenri*  f  oni  Laramie  tlur  In-  give  .notice 
of  a  motion  to  amend  the  rules  by  creating  an  additional  offi- 
cer, and  it  can  come  up  to-morrow  for  the  action  of  the  com- 
mittee.  'Perhaps  that  will  be  in  time  for  the  necessary  ser-> 
vices  of  such  person. 

Mr.  BAXTER.  I  will  move  that  the  rules  be  suspended 
in  order  that  we  may  procoeed  to-day. 

Mr.  SMITH.     Second  the  motion. 


276  CONSTITUTIONAL  CONVENTION. 

CHAIR.  It  is  moved  that  the  rules  be  suspended  and  that 
we  proceed  to  elect  an  enrolling  and  engrossing  clerk.  Are 
you  ready  for  the  question?  All  in  favor  of  a  suspension  of 
the  rules  for  the  purpose  named  will  say  aye;  those  opposed, 
no.  The  ayes  have  it,  the  rules  are  suspended.  The  -house 
may  proceed  to  the  election  of  an  enrolling  and  engrossing 
clerk. 

Mr.  P>AXTER.  I  move  that  an  enrolling  and  engrossing 
clerk  be  elected  by  this  body,  whose  compensation  shall  be 
the  same  as  that  of  the  two  assistant  secretaries,  and  depen- 
dent ut>on  the  same  conditions. 

Mrf  SUTHERLAND.     Second  the  motion. 

Mr.  PRESIDENT.  It  is  moved  that  the  convention  now 
proceed  to  the  election  of  an  enrolling  and  engrossing  clerk, 
upon  the  same  terms  and  conditions  that  the  various  other 
officers  of  the  convention  are  employed.  Are  you  ready  for  the 
question?  All  in  favor  of  the  motion  will  say  aye;  those  op- 
posed, no.  The  ayes  have  it,  the  motion  prevails.  How  will 
you  elect,  gentlemen?  I  will  appoint  as  tellers,  Mr.  Reed  of 
Laramie,  and  Mr.  Elliott  of  Johnson.  The  gentlemen  will  pre- 
pare the  ballots  and  proceed  to  the  election  as  ordered. 

Mr.  BAXTER.  I  desire  to  place  in  nomination  the  name 
of  Mrs.  Ollernshaw,  and  to  say  that  it  is  hardly  necessary 
to  commend  the  lady  to  the  Laramie  county  delegation  who. 
know  her.  I  only  wish  to  add,  for  the  information  of  the 
other  members  of  the  convention,  that  the  lady  has  been  em- 
ployed for  some  years  in  different  capacities  as  a  copyist,  and 
that  her  qualifications  for  the  position  cannot  be  called  intof 
question.  She  is  a  very  rapid  writer,  and  writes  an  unusually 
clear  and  legible  hand. 

Mr.  RIXER.     Second  the  motion. 

CHAIR.    Are  there  any  further  nominations? 

Mr.  FOX.  I  move  that  Mrs.  Ollernshaw  be  declared  elected 
without  further  action. 

Mr.  IRVINE.     Second  the  motion. 

Mr.  PRESIDENT.  It  is  moved  and  seconded  that  Mrs.  Ollern- 
shaw be  declared  elected  by  acclamation  as  enrolling  and  en- 
grossing clerk  of  this  convention.  Are  you  ready  for  the 
question?  All  in  favor  of  the  motion  will  say  aye:  those  op- 
posed, no.  The  ayes  have  it,  Mrs  Ollernshaw  stands  elected. 

The  presentation  of  petitions,  ad  memorials,  and  the  intro- 
duction of  propositions  and  resolutions'  are  now  in  order. 

The  secretary  will  read  the  propositions  in  the  order  pre- 
sented. 

SECRETARY.  File  No.  66,  by  Mr.  Reid,  concerning  Chi- 
nese labor. 

Chinese  labor. 

Sec.  1.  That  it  shall  be  unlawful  for  any  contractor,  builder 
or  architect  to  employ  Chinese  laborers  upon  any  public  works 
within  the  limits  of  the  state  of  Wyoming. 


PROCEEDINGS  AND  DEBATES. 


277 


Sec.  2.  The  legislative  assembly  shall  by  suitable  legisla- 
tion see  that  the  provisions  of  the  foregoing  section  are  en- 
forced. 

Mr.  PRESIDENT.  Unless  otherwise  ordered  by  the.  conven- 
tion, this  File  No.  66  will  be  referred  to  Committee  No.  10,  on 
labor,  e:  t». 

SECRETARY.    File  No.  67,  ordinances,  by  Mr.  Harvey. 

Mr.  PRESIDENT.  File  No.  67,  unless  otherwise  ordered, 
will  be  referred  to  Committee  No.  20,  on  ordinances.  It  is  so1 
referred.  Mr.  Secretary. 

Gentlemen,  File  No.  58  is?  reported  back  to  the  convention' 
l>y  your  committee  of  the  whole  with  certain  amendments  rec- 
ommended. The  iirst  is  to  amend  Sec.  1  by  striking  out  all  af^ 
tor  the  word  "class"  in  the  fifth  line.  What  will  you  do  with 
this  recommendation  as  reported  by  the  committee  of  the 
whole ?The  question  is  upon  the  adoption  of  the  recommenda- 
tion reported.  All  in  favor  of  the  amendment  recommended  by 
the  committee  of  the  whole  will  say  aye ;  those  opposed  no.  The 
ayes  have  it;  the  section  is  so  amended.  Your  committee  of 
the  whole  also  recommend  to  amend  Sec.  2  by  striking  out  the 
words  "according  to  law"  in  the  third  line  of  said  section,  and 
inserting  in  lieu  thereof  the  words  "in  the  manner  and  under 
such  regulations  as  may  be  prescribed  by  law."  The  question 
is  on  the  amended  section.  Are  you  ready  for  the  question? 
All  in  favor  of  the  amendment  as  reported  by  the  committee" 
of  the  whole  will  say  aye;  those  opposed  no.  The  ayes  have  it; 
Sec.  2  is  amended. 

Mr.  BURRITT.    Mr.  President. 

Mr.  PRESIDENT.  The  geaitleman  from  Johnson,  Mr.  Bur- 
ritt. 

Mr.  BURRITT.  I  move  that  we  take  a  recess  until  2 :30  this 
afternoon. 

Mr.  POTER.    Second  the  motion. 

Mr.  PRESIDENT.  It  is  moved  that  the  convention  now 
take  a  recess  until  2 :30  this  afternoon.  The  question  is  on  tak- 
ing a  recess.  Are  you  ready  for  the  question?  All  in  favor  of 
the  motion  will  say  aye;  those  opposed  no.  The  noes  have  it. 
A  recess  is  denied.  The  clerk  will  read  the  next  section. 

(Reading  of  Sec.  3.) 

Mr.  PRESIDENT.  The  committee  of  the  whole  recommend 
that  Sec.  3  be  amended  by  adding  "except  in  the  event  that 
money  so  raised  shall  not  be  required  or  needed  for  the  purpose 
for  which  the  same  was  raised."  The  question  is  on  the  adop- 
tion of  the  proposed  amendment  as  recommended  by  the  com- 
mittee. 

Mr.  POTTER.  Would  it  be  in  order  to  move  an  amendment 
to  that  amendment? 

Mr.  PRESIDENT.  The  matter  is  before  the  convention  for 
the  adoption  of  the  proposed  amendment,  refusal  to  adopt  it, 
or  to  further  amend  the  file. 


278  CONSTITUTIONAL  CONVENTION. 

Mr.  POTTER  I  move  then  that  instead  of  the  words  recj 
ommend  by  the  committee  of  the  whole,  that  the  section  be 
amended  by  adding  the  words  "except  by  authority  of  law." 

Mr.  HARVEY.    Second  the  motion. 
Mr.  BURBITT.    Mr.  President, 

Mr.  PRESIDENT.  The  gentleman  from  Johnson,  Mr.  Bur- 
ritt. 

Mr.  BURRITT.  I  wish  to  offer  a  further  amendment.  That 
in  place  of  the  amendment  recommended  by  the  committee 
that  there  be  inserted  here  the  words  "unless  it  Jbe  a  small  unj 
expended  balance  unnecessary  for  the  purpose  for  which  the 
same  was  raised." 

Mr.  PRESIDENT.  Does  the  gentleman  move  that  as  a 
substitute  to  the  other  amendment? 

Mr.  BURRITT,    I  do,  Mr.  President. 

Mr.  PRESIDENT.  The  committee  of  the  whole  recommend 
that  Sec.  ?>  be  amended  by  adding  the  words  already  read,  "ex- 
cept in  the  event  the  money  so  raised  shall  not  be  required  or 
needed  for  the  purpose  for  which  the  same  was  raised."  It  is 
now  moved  by  the  gentleman  from  Laramie  that  the  amend- 
ment proposed  by  the  committee  of  the  whole  be  amended  by 
substituting  the  words  "except  by  authority  of  law."  The  gen- 
tleman from  Johnson,  Mr.  T'urritt,  moves  a  substitute  for  the; 
substitute.  The  last  motion  cannot  be  entertained  at  this  stage 
of  the  proceedings.  The  question  will  first  come  up,  then  on  the 
substitute  offered  by  the  gentleman  from  Laramie,  Mr.  Potter, 
that  the  words  "except  by  authority  of  law"  be  added,  instead 
of  the  words  reported  by  the-  committee  of  the  whole.  Are  you 
ready  for  the  question? 

Mr.  BAXTER.    Mr.  President. 

Mr.  PRESIDENT.  The  gentleman  from  Laramie,  Mr.  Bax- 
ter. 

Mr.  BAXTER.  In  view  of  the  fact  that  this  matter  has 
been  discussed  almost  entirely  by  the  lawyer  contingent  of 
this  body,  it  seems  to  me  that  it  is  time  the  laymen  expressed 
their  views  on  the  subject.  It  seems  to  me  that  the  provisions, 
as  returned  by  the  committee  is  the  one  that  wre  should  adopt, 
and  I  am  not  inclined  to  sanction  any  of  these  amendments 
that  are  proposed,  and  for  this  reason.  It  is  provided  in  the 
printed  report,  as  we  have  it  here,  that  no  money  raised  for  one 
purpose  shall  "ever  be  diverted  to  any  other."  That  is  the  sub- 
stance of  the  bill.  That,  of  course,  could  not  be  so  constructed 
as  to  provide  that  any  excess  raised  in  this  way  should  not  be 
returned  to  the  parties  who  contributed  this  tax,  or  supplied 
the  tax.  If  there  should  be  any  such  surplus  it  would  properly 
be  the  property  of  the  people  a  gainst  whom  the  assessment  was 
made,  and  should  be  returned  to  them,  and  I  anticipate  thajt 
there  will  be  no  legal  difficulty  in  the  way  of  securing  that  re- 
turn, as  it  would  be  an  illegal  tax.  It  would  be  an  illegal  as- 
sessment because  it  exceeded  in  amount  the  sum  necessary  to 
carry  out  the  purpose  for  which  it  was  levied,  and  such  surplus 


AND  DEBATES.  279 

would,  of  course,  have  been  illegally  collected,  and  while  there 
might  be  some  trouble  in  returning  to  any  large  number  of  peo- 
ple such  an  excess  as  would  be  on  hand  in  small  amounts,  it 
seems  to  me  that  it  would  be  better  to  anticipate  such  an  evil 
•  '  as  this  than  to  leave  the  doors  open  for  any  possible  assessment 
that  might  be  made  two  or  three  times  greater  than  the  amount 
required  and  levied  for  the  purpose,  with  the  idea  of  applying 
it  to  some  other  purpose,  that  is,  the  surplus  on  hand,  and  I 
think  it  would  be  better  to  shut  the  door  right  there,  without 
any  of  those  amendments,  upon  the  ground  that  it  is  the  lesser 
of  two  evils. 

Mr.  SMITH.  Mr.  President,  I  would  like  to  ask  the  gentle- 
man from  Laramie  a' question.  In  the  first  place,  I  want  to  say 
that  if  the  surplus  was  collected  or  received  from  the  parties 
assessed  it  would  be  no  illegal  tax,  if  they  were  not  forced  to 
pay  it.  But  that  is  not  the  question.  This  section  provides  for 
the  borrowing  of  money  for  a  specified  purpose.  Does  the  gen- 
tleman mean  to  say  that  if  a  surplus  was  left  in  the  fund  bor- 
rowed in  that  Avav,  that  it  would  be  illegally  received  by  the 
municipality? 

Mr.  BAXTER,  I  made  that  statement,  having  heard  it  ar~ 
argued  yesterday  by  the  lawyers  who  were  discussing  this  ques- 
tion. I  don't  know  that  it  would  be  illegal  in  that  case  of  a 
loan;  but  it  should  certainly  be  properly  returned  I  think. 

Mr.  SMITH.  I  do  not  care  to  make  any  argument  on  that 
subject  today  at  all,  as  it  was  fully  discussed  yesterday,  but  all 
I  want  to  say  now  is  to  call  the  attention  of  the  house  to  the 
substitute  now  before  us.  If  you  put  in  that  "except  as  provid- 
ed by  law"  you  entirely  take  away  the  force  of  that  section. 
You  leave  it  to  the  legislature  to  say  whether  the  surplus  shall 
go  to  some  other  fund  or  be  turned  into  the  treasury.  I  don't 
pretend  to  say  whether  the  amendment  as  placed  here  yester- 
day will  reach  the  point  desired  or  not  but  there  should  be  some- 
thing here  which  should  be  definite,  and  we  should  not  depend! 
upon  the  legislature  to  reach  it. 

Mr.  CAMPBELL.    I  move  the  previous  question. 

Mr.  EEID.    Second  the  motion. 

Mr.  PRESIDENT.  The  question  now  is  shall  the  main  ques- 
tion be  put.  All  in  favor  that  the  main  question  now  be  put 
will  say  aye;  those,  opposed  no.  The  ayes  have  it;  the  motion! 
prevails.  The  question  is  now  upon  the  adoption  of  the  substi- 
tute offered  by  the  gentleman  from  Laramie,  Mr.  Potter.  AH 
in  favor  of  the  adoption  of  the  substitute  will  say  aye ;  those  op- 
posed no.  The  chair  is  in  doubt.  A  division  is  called  for.  All 
those  who  favor  the  substitute  will  rise  to  their  feet  and  stand 
until  counted.  Twenty-one.  All  those  opposed  to  the  substi- 
tute will  rise  and  stand  until  counted.  The  chair  counts  fifteen 
opposed.  The  motion  prevails;  the  substitute  is  adopted.  The 
question  is  now  shall  the  bill  be  amended  in  accordance  with 
the  tejrms  of  the  substitute?  All  in  favor  of  the  motion  will  say 


28o  CONSTITUTIONAL  CONVENTION. 

aye;  those  opposed  no.  The  ayes  have  it;  the  proposition  is 
amended  as  proposed  by  the  gentleman  from  Laramie,  Mr.  Pot- 
ter. 

(Reading  of  Sec.  5.) 

Mr.  PRESIDENT.  The  proposition  originally  presented  is 
recommended  to  be  amended  by  adding  the  following  section, 
I  will  read  it  again  for  the  information  of  the  convention. 

SECRETARY.    Sec.  5,  to  be  added  as  follows: 

Municipal  corporations  shall  have  the  same  right  as  indi- 
viduals to  acquire  water  rights  by  prior  appropriation  and  oth- 
erwise to  the  use  of  water  for  domestic  and  municipal  purposes 
and  the  legislature  shall  provide  by  law  for  the  exercise  on  thq 
part  of  incorporated  cities,  towns  and  villages  of  the  right  of 
eminent  domain  for  the  purpose  of  acquiring  from  prior  appro- 
priators  upon  the  payment  of  just  compensation,  such  water  as 
may  be  necessary  for  the  well  being  thereof  and  for  domestic 
uses. 

Mr.  PRESIDENT.  The  proposition  originally  presented  is 
recommended  to  be  amended  by  addition  of  the  section  just) 
read.  The  question  is  now  upon  amending  by  adopting  thq 
section  as  read.  Are  you  ready  for  the;  question?  All  in  favori 
of  the  question  will  say  aye;  those  opposed  no.  The  ayes  have 
it;  the  original  proposition  stands  amended  by  adding  Sec.  5. 

Mr.  BURRITT.  I  would  like  to  ask  if  the  proposition  as  a 
whole  is  subject  to  amendment. 

Mr.  PRESIDENT.  The  whole  proposition  is  now  before  the 
convention  for  amendment  or  other  disposition. 

Mr.  BURRITT.  I  move  to  strike  out  all  of  Sec.  3  after  the 
words  "specified  by  law"  in  the  fifth  line. 

Mr.  POTTER.  *  Second  the  motion. 

Mr.  PRESIDENT.  It  is  moved  that  Sec.  3  be  amended  by 
striking  out  all  of  said  section  after  the  words  "as  specified  by 
law"  in  the  fifth  line  of  said  section.  Are  you  ready  for  the 
question  ?  All  in  favor  of  the  motion  will  say  aye ;  those  oppos- 
ed no.  The  ayes  seem  to  have  it;  a  division  is  called  for.  All 
in  favor  of  striking  out  will  rise  to  their  feet  and  stand  until 
counted.  The  chair  counts  twenty-three.  All  opposed  to  strik- 
ing out  will  stand.  Five.  The  motion  prevails.  Are  there  any 
further  amendments?  Under  our  rules,  without  some  action  by 
the  convention,  this  bill  would  now  come  up  for  final  reading, 
Do  you  desire  to  have  it  referred  for  engrossment? 

Mr.  TESCHEMACHER,  Do  I  understand  that  this  bill  Is 
a  part  of  the  constitution? 

Mr.  PRESIDENT.    It  is  to  be. 

Mr.  PRESIDENT.  Under  our  rules  after  the  committee  of  the 
whole  are  done  with  it,  and  as  it  has  been  agreed  to  by  the  con- 
vention it  is  referred  to  the  revision  committee,  and  after  that 
it  is  engrossed  under  their  direction.  That  is  the  way  I  read 
these  rules. 

Mr.  POTTER.  I  think  it  goes  to  the  revision  committee  af- 
ter we  have  adopted  it. 


PROCEEDINGS  AND  DEBATES.  28l 

Mr.  PRESIDENT.  The  only  question  is  whether  it  is  not  so 
mutilated  in  its  present  form  that  it  could  never  be  understood 
quite  what  was  adopted  by  this  convention.  If  it  should  be  en- 
grossed at  this  time  and  then  adopted  then  it  could  go  to  the  ret 
vision  committee,  and  they  would  understand  what  has  been 
adopted  by  the  convention.  In  its  present  form  there  might  be 
some  doubt  about  it. 

Mr.  TESOHEMAOHER,  That  is  just  the  point,  Mr.  Presi- 
dent. I  don't  see  where  the  revision  committee  comes  in.  We 
might  make  some  changes  not  intended  by  the  convention  at 
all.  If  the  rules  do  not  cover  this  I  would  like  to  suspend  the* 
rules  so  that  these  amended  bills  can  be  referred  to  the  revi- 
sion committee  to  take  charge  of  the  engrossment,  and  see  that 
this  bill  is  properly  engrossed. 

Mr.  PRESIDENT.  I  will  read  the  rule  that  controls  this 
matter.  "All  reports  of  the  committees  containing  matter  to  be 
incorporated  in  the  constitution  shall  be  considered  in  the  order 
in  which  the  reports  are  made,  and  upon  their  introduction  and 
full  reading  before  the  convention  such  matters  to  be  incorpo- 
rated shall  be  laid  upon  the  table  and  (when  so  ordered)  be 
printed,  and  when  printed  (if  so  ordered)  shall  be  placed  upon; 
the  calander  to  be  considered  in  committee  of  the  whole  con- 
vention, and  if  not  ordered  printed  they  shall  be  placed  upon! 
the  calander  to  be  considered  by  the  committee  of  the  whole." 
This  proposition  has  been  considered  in  committee  of  the  whole 
and  reported  back  for  action  in  the  convention.  According  to 
the  next  rule,  No.  52,  "when  such  propositions  shall  have  been] 
considered  in  the  committee  of  the  whole  and  amendments 
thereto  have  been  disposed  of  by  the  convention,  the  question; 
shall  be  on  ordering  the  final  reading  and  fixing  the  time 
thereof." 

Mr.  POTTER.  I  move  that  this  file  be  finally  read,  section 
by  section,  and  each  section  submitted  to  the  convention  fotf 
final  passage  separately. 

Mr.  HARVEY.    Second  the  motion. 

Mr.  PRESIDENT.  On  the  final  reading  of  a  bill  or  propo- 
sition, it  is  the  reading  of  the  whole  bill  and  not  a  section, 
and  the  vote  must  be  taken  on  the  whole  bill  by  the  ayes  and 
noes. 

Mr.  POTTER.  As  this  is  the  first  time  this  question  has 
come  up,  I  say  let  us  have  it  decided.  I  apprehend  that  every 
section  of  this  constitution  is  a  separate  proposition.  This 
is  not  like  a  bill  before  a  legislative  body  at  all.  They  dis- 
pose of  the  subject  matter.  This  is  entirely  different.  I  may 
object  to  but  one  section  in  a  bill.  Do  you  mean  to  say  thai* 
I  am  bound  to  vote  down  that  whole  article  because  I  cannot 
support  one  section  of  it,  when  I  may  be  in  favor  of  all  the? 
rest  of  it.  I  take  it  not.  I  believe  in  a  matter  of  this  kino! 
we  have  the  right  to  vote  upon  it  section  by  section,  otherwise 
many  of  us  will  have  to  be  absent,  and  not  vote  at  all,  or 
else  will  have  to  vote  no. 


282  CONSTITUTIONAL  CONVENTION. 

Mr.  PHKSIDKNT.  The  chair  is  of  the  opinion  that  when 
a  fM'oposuion  is  reported  by  the  committee  of  the  whole,  it 
si  a  IK!:;  as  a  whole  proposition  before  the  convention,  and  when 
finally  read,  for  adoption,  it  is  read  as  a  whole,  and  must  be 
voed  on  as  a  whole. 

Mi -.POTTER.  I  desire  to  take  appeal  from  the  decision 
of  the  chair. 

Mr.  PRESIDENT.  An  appeal  is  asked  from  the  decision, 
of  the  chair  upon  the  point  stated.  All  supporting  the  appeal 
from  the  decision  of  the  chair  will  rise  to  their  feet  and  stand 
until  counted. 

Mr.  COFFEEN.  Although  I  do  not  wish  to  appear  im. 
modest,  or  to  intrude,  I  am  of  the  opinion  that  the  question 
should  be  shall  the  decision  of  the  chair  be  sustained,  taking 
the  affirmative  side  of  the  question  first. 

Mr.  PRESIDENT.  The  suggestion  of  the  gentleman  is: 
correct.  Shall  the  decision  of  the  chair  be  sustained?  All- 
in  favor  of  the  ruling  will  rise  to  their  feet  ands  tand  until 
counted. — 25.  All  opposed  will  rise  and  stand  until  counted.. 
— 8.  The  decision  of  the  chair  is  sustained.  Gentlemen,  the 
motion  of  the  gentleman  from  Laramie,  Mr.  Potter,  is  as  to- 
the  final  reading  of  the  bill,  and  fixing^  the  time  for  the  same. 
(The  chair  ruled  the  motion  as  made  to  read  by  section  out  of 
order.  The  question  now  is  when  will  the  final  reading  of 
the  proposition  be  had? 

Mr.  RINER.  I  move  that  the  proposition  be  now  finally 
read  and  submitted  to  the  convention  for  their  final  action, 
and  that  the  roll  be  called. 

Mr.  CAMPBELL.     Second  the  motion. 

Mr.  PRESIDENT.  It  is  moved  and  seconded  that  the  prop* 
osition  be  put  upon  its  final  reading.  Are  you  ready  for  the 
question?  All  in  favor  of  the  motion  will  say  aye. 

Mr.  FOX.     Mr.  President. 

Mr.  PRESIDENT.    The  gentleman  from  Albany,  Mr.  Fox. 

Mr.  FOX.  I  would  like  to  ask  a  question  for  information. 
Provided  this  file  is  adopted  as  it  stands,  would  it  prevent  the 
introduction  and  passage  of  another  section  at  a  future  time, 
and  if  the  revision  committee  could  add  it  to  this  file? 

Mr.  PRESIDENT.  The  chair  does  not  pass  upon  any  mat- 
ter of  thnt  kind. 

Mr.  FOX.  It  is  my  opinion  this  file  can  be  passed,  and 
become  a  part  of  the  chapter  on  municipal  corporations,  and 
that  other  sections,  if  introduced  and  passed,  could  be  added 
to  this  file,  according  to  the  judgment  of  the  revision  com. 
mittee. 

Mr.  PRESIDENT.  It  is  the  impression  of  the  chair  that 
the  passage  of  one  proposition  does  not  preclude  the  passage 
of  another. 

Mr.  McOANDl.ISH.  I  would  like  to  ask  for  information. 
In  Rule  55,  I  find,  "The  final  vote  agreeing  to  each  proposi- 
tion and  upon  agreeing  to  the  instrument  as  a  whole  shall  be 


PROCEEDINGS  AND  DEBATES.  285 

taken  by  the  yeas  and  nays,  and  no  such  proposition  shall  be 
considered  as  agreed  upon,  nor  the  instrument  as  a  whole 
except  a  majority  of  the  delegates  present  vote  therefor." 
Have  we  voted  upon  this  separate  proposition? 

Mr.  PRESIDENT.  We  are  about  to  vote  on  a  separate 
proposition  the  first  time  after  the  final  reading, 

Mr.  COFFEEN.  I  would  like  to  call  attention  to  one 
point.  We  have  proceeded  with  the  consideration  of  these 
sections,  and  amended  them,  but  I  have  heard  no  motion  to 
adopt  a  single  one  of  them  as  amended,  and  this  rule  that  the: 
gentleman  has  just  read  would  indicate  to  my  mind  that  we 
must  adopt  them  as  sections  before  we  should  proceed  to  the 
final  reading  and  adoption  as  a  whole. 

Mr.  'PRESIDENT.  Amedments  have  been  adopted  to  the 
different  sections,  which  have  been  from  time  to  time  before 
the  convention  for  its  consideration. 

Mr.  COFFFEN.  But  has  a  motion  been  carried  this  morn- 
ing to  adopt  any  one  of  these  sections.  They  have  been  amend- 
ed, but  was  there  any  motion  to  adopt  the  sections  as  amend- 
ed? I  think  not. 

Mr.  PRESIDENT.  The  question  is  upon  the  final  reading 
of  the  whole  proposition  as  amended,  and  its  final  passage. 
Is  there  objection? 

Mr.  PALMER.  I  would  like  to  ask  for  some  information. 
I  am  in  favor  of  all  of  this  article  except  section  3,  and  object 
to  only  part  of  that.  I  want  to  know  how  I  am  able  to>  vote 
for  the  article  with  that  section  in.  I  want  to  vote  for  it, 
but  as  it  stands  now,  I  would  be  unable  to  express  niy  opinion; 
on  the  matter. 

Mr.  PRESIDENT.  The  gentleman  could  have  easily  reached 
his  objection.  He  had  the  right  to  amend  -by  striking  out  any 
part  of  the  bill  wrhen  it  was  before  the  convention  for  amend- 
ment.  There  was  no  trouble  in  reaching  that  matter  whatever. 
The  gentleman  made  no  motion  to  strike  out  the  section,  or  to 
otherwise  amend  it.  It  was  amended  and  the  amendments 
stand  as  the  action  of  the  convention. 

Mr.  COFFEEN.  I  hope  I  may  not  appear  to  be  too  persist- 
ent, but  I  wish  to  read  this  section  of  the  rules.  Rule  55.  "The 
final  vote  agreeing  to  the  instrument  as  a  whole  shall  be  taken 
by  the  yeas  and  nays."  Now  let  me  argue  on  that  "when  agreed 
to  as  a  whole."  The  rule  says  "when  agreed  to  as  a  whole'* 
shall  be  taken  by  the  yeas  and  nays.  I  say  we  are  not  ready 
for  that.  I  have  not  yet  been  able  once  during  the  whole  de- 
bate to  vote  upon  any  of  those  sections.  I  have  voted  only  on 
the  amendments  to  the  sections,  but  have  not  been  called  upon 
to  agree  to  the  proposition  as  amended,  on  single  sections,  and 
I  therefore  stand  as  the  gentleman  from  Laramie,  Mr.  Potter, 
that  we  have  the  right  to  first  cast  our  vote  on  these  sections 
separately,  and  then  upon  the  proposition  as  a  whole. 

Mr.  CON  A  WAY.  I  consider  this  question  all  out  of  order, 
but  I  also  ask  the  privilege  of  saying  a  few  words  out  of  order. 


.284  CONSTITUTIONAL  CONVENTION. 

The  question  discussed  by  the  gentleman  from  Sheridan,  Mr. 
Coffeen,  has,  as  I  understand  it,  already  been  passed  upon  by 
the  chair,  and  the  decision  of  the  chair  appealed  from,  the  dif- 
ference of  opinion  being  as  to  whether  the  word  proposition, 
means  section,  or  whether  a  single  proposition  may  include  sev- 
eral sections.  The  chair  has  ruled  that  a  proposition  contain- 
ing several  sections,  when  reported  back  by  the  committee  of 
the  whole  is  one  proposition.  The  convention  sustained  the  de- 
•cision  of  the  chair  when  the  appeal  was  made,  and  I  therefore 
consider  all  the  remarks  since  that  decision  were  out  of  order, 
and  shall  raise  that  point  of  order  against  any  further  discus- 
sion of  this  matter. 

Mr.  PRESIDENT.  The  chair  considered  the  whole  matter 
rsettled  by  the  com'ention,  but  I  wish  to  state  in  answer  to  some 
suggestions  that  have  been  offered,  that  it  is  unquestionably 
the  opinion  of  the  chair  that  when  the  committee  reports  back 
.a  proposition  to  the  convention,  the  whole  matter  reported  is  a 
single  proposition,  no  matter  how  many  sections  may  compose 
it.  The  matter  referred  to  in  the  latter  part  of  Rule  55  refers 
to  the  entire  construction,  and  not  to  a  proposition,  nor  to  any 
portion  thereof.  We  are  to  vote  upon  the  whole  constitution 
whenever  it  shall  be  drafted  and  presented  to  the  convention, 
and  the  latter  .part  of  this  rule  applies  to  that  and  not  to  any 
portion  of  propositions  reported  by  committees,  either  as  an  en- 
tirety or  as  a  part.  The  secretary  will  read. 

(Final  reading  of  File  No.  58.) 

Mr.  PRESIDENT.  The  question  now  before  the  convention 
is  the  adoption  of  File  No.  58  as  amended,  to  be  adopted  as  a 
part  of  the  constitution.  All  in  favor  of  the  proposition  con-> 
tained  in  File  No.  58  as  amended  will  say  aye  as  their  names 
;are  called;  those  opposed  no. 

Mr.  MORGAN.  I  desire  to  ask  for  information.  Is  this* 
proposition  at  this  stage  subject  to  amendment?  I  can  see  that 
it  is  because  nobody  would  allow  a  proposition  or  bill  to  get 
out  of  their  control  entirely  until  final  passage  of  it  was  had. 
There  may  be  amendments  which  we  may  wish  to  offer  to  cer- 
tain bills,  and  I  think  that  when  a  bill  is  before  the  convention 
we  still  have  the  right  up  to  the  time  the  ayes  and  nays  are 
called,  we  still  have  the  right  to  amend  that  bill  as  we  wish. 

Mr.  PRESIDENT.  The  chair  is  in  doubt.  It  is  the  impres- 
sion of  the  chair  that  after  the  final  reading  of  a  bill  has  been 
ordered,  and  when  the  vote  is  about  to  be  taken  on  the  final 
passage,  by  a  call  of  the  ayes  and  noes,  that  it  has  passed  the 
point  of  amendment;  but,  as  I  say,  I  am  in  doubt  about  this, 
and  leave  it  for  the  convention  to  dispose  of  at  this  time  as  they 
may  think  best. 

Mr.  RINER.    I  ask  that  the  ayes  and  nays  be  called. 

Mr.  PRESIDENT.  The  ayes  and  nays  have  been  ordered  on 
the  passage  of  this  proposition.  The  clerk  will  call  the  roll. 

(See  journal  page  51.) 


PROCEEDINGS  AND  DEBATES.  285 

Mr.  PRESIDENT.  Gentlemen,  the  vote  on  the  proposition 
contained  in  File  No.  58  is  as  follows:  Ayes,  30;  noes,  9;  the 
proposition  contained  in  File  58  has  been  adopted  by  the  con- 
vention. 

Mr.  TESCIIEMACHER,  I  give  notice  that  having  voted 
with  the  majority  I  shall  move  to  reconsider  the  vote  on  this 
proposition;  I  believe  it  requires  twenty-four  hours  notice. 

Mr.  IRVINE.    Second  the  motion. 

Mr.  PRESIDENT.  Rule  39  provides  that  a  motion  to  re- 
consider must  be  made  by  a  member  voting  with  the  prevailing 
side,  and  such  motion  to  be  in  order  must  be  made  within  the 
next  day  of  actual  session  of  the  convention  after  such  vote  was 
taken,  and  the  same  shall  take  precedence  of  all  motions  ex- 
cept a  motion  to  adjourn.  Does  the  gentleman  wish  to  move  to- 
consider  it  at  this  time? 

Mr.  TESCHEMACHER,    I  move  to  reconsider  the  vote  now, 

Mr.  POTTER.    I  move  that  motion  be  laid  on  the  table. 

Mr.  MORGAN.  I  move  that  the  whole  subject  be  indefi- 
nitely postponed.  I  do  that  because  the  motion  to  lie  on  the 
table  is  not  debatable,  and  if  it  takes  that  shape  we  can  then^ 
bring  this  matter  up  for  discussion  again  if  we  see  fit  to  do  so, 

Mr.  PRESIDENT.  There  is  one  thing  I  was  intending  to 
speak  of,  and  that  is  a  motion  to  lay  on  the  table  carries  the 
whole  proposition  with  it,  and  if  the  mover  of  that  insists  upon 
his  motion  he  must  remember  that  he  tables  the  whole  propo- 
sition at  the  same  time. 

Mr.  POTTER,  I  made  that  motion  to  save  time,  but  as  it 
does  not  seein  to  answer  the  purpose  I  withdraw  it. 

Mr.  MORGAN.  Then  I  will  withdraw  my  motion  to  indefi- 
nitely postpone. 

Mr.  COFFEEN.  A  motion  to  consider  shall  have  prece- 
dence- of  all  other  motions  except  to  adjourn.  I  do  not  wish  to 
take  up  the  time  of  this  convention,  as  we  are  already  taking  up 
too  much  time  on  account  of  the  difficulties  interposed  by  our- 
different  construction  of  the  rules.  I  wish  to  say,  however,  that 
I  am  in  favor  of  reconsideration  for  this  reason.  That  I  stand 
with  some  who  have  already  expressed  themselves  and  desire 
to  amend  this  section. 

Mr.  CAMPBELL.    I  rise  to  a  point  of  order. 

Mr.  PRESIDENT.    What  is  the  point  of  order? 

Mr.  CAMPBELL.    A  motion  to  reconsider  is  not  debatable. 

Mr.  PRESIDENT.    That  is  the  opinion  of  the  chair. 

Mr.  COFFEEN.    Not  debatable. 

Mr.  PRESIDENT.  Yes.  The  question  is  on  the  reconsidera- 
tion of  the  vote  taken  by  which  File  No.  58  was  passed.  All  in 
favor  of  the  motion  will  say  aye,  as  their  names  are  called; 
those  opposed  no.  The  clerk  will  call  the  roll. 

Mr.  POTTER.  I  rise  to  a  question  of  privilege.  I  wish  to 
explain  my  vote.  I  voted  with  the  majority  for  the  adoption  of 
this  proposition,  and  I  think  the  proposition  as  a  whole  is  a 
good  one,  and  I  do  not  see  myself  the  necessity  for  offering 


2S6  CONSTITUTIONAL  CONVENTION. 

amendments,  but  I  consider  it  important  that  we  should  get 
our  propositions  in  such  shape  before  final  passage  that  they 
shall  be  satisfactory  to  all  members  of  this  convention  desiring 
to  vote  for  the  general  proposition,  so  I  shall  vote  in  favor  of  a 
reconsideration  with  a  view  of  giving  an  opportunity  for  the 
perfection  of  this  amendment  to  that  extent,  so  that  it  will  be 
satisfactory  to  all  of  the  friends  of  the  proposition. 

Mr.  PRESIDENT.  For  the  benefit  of  the  members  the  chair 
•desires  to  explain.  Whenever  you  vote  for  a  proposition  and 
the  vote  is  in  the  ammative,  you  have  adopted  that  proposition 
in  the  opinion  of  the  chair.  When  it  is  incorporated  into  the 
constitution  the  constitution  comes  before  the  convention  for 
their  action.  It  may  be  amended,  portions  of  it  may  be  strick- 
en out,  or  treated  in  any  manner  that  you  please.  The  adop- 
tion of  this  now  is  not  the  final  disposition  of  it  in  the  opinion 
of  the  chair.  The  clerk  will  proceed  with  the  roll  call. 

(See  journal  page  51.) 

Mr.  TESCHEMACHER,    Mr.  President. 

Mr.  PRESIDENT.  The  gentleman  from  Laramie,  Mr. 
Teschemacher. 

Mr.  TESOHEMACHER.  It  is  probably  out  of  order  for  me 
to  appeal  from  the  decision  of  the  chair  at  th,is  stage  of  the 
game  in.  deciding  that  a  motion  to  reconsider  is  not  debatable. 
As  I  understand  it  when  any  matter  is  not  covered  by  our  rules 
then  dialling's  Manual  shall  apply,  and  as  this  subject  may 
come  up  again,  I  would  like  to  read  a  section  from  the  Manual 
on  this  question.  "On  a  motion  to  reconsider  the  whole  subject 
is  as  much  open  for  debate  as  if  not  discussed  at  all,  and  if  the 
motion  prevails  the  subject  is  again  opened  for  debate."  I  could 
not  give  my  reasons  for  so  voting,  as  the  chair  ruled  that  a  mo- 
tion to  reconsider  was  not  subject  to  debate. 

Mr.  PRESIDENT.  Gentlemen,  the  vote  on  the  motion  to  re- 
consider was  as  follows :  Ayes,  18 ;  noes,  21.  The  motion  to  re- 
consider is  lost. 

Mr.  RINER.    I  move  we  take  a  recess  until  2  o'clock. 

Mr.  POTTER.  Before  that  is  acted  upon  I  would  like  tc* 
give  a  notice. 

Mr.  RINER.  I  will  withdraw  my  motion, .  if  it  is  a  notice 
only. 

Mr.  POTTER.  I  give  notice  that  on  tomorrow  I  will  move 
an  amendment  to  Rule  55,  by  striking  out  the  word  proposition 
and  inserting  in  lieu  thereof  the  words  section  and  article. 

Mr.  RINER.    I  now  wish  to  renew  my  motion. 

Mr.  REID.    Second  the  motion. 

Mr.  PRESIDENT.  The  question  is  now  upon  talcing  a  re- 
cess until  2  o'clock.  All  in  favor  of  the  motion  will  say  :iyo; 
those  opposed  no.  The  ayes  have  it;  the  convention  will  take 
a  recess  until  2  o'clock. 

. 


PROCEEDINGS  AND  DEBATES.  287 

1TO  AFTERNOON  SESSION. 

i 

Thursday  afternoon,  Sept.  12th. 

Convention  reassembled  at  2  p.  m. 

President  Brown  in  the  chair. 

Mr.  PRESIDENT.    Convention  come  to  order. 

Gentlemen  of  the  convention:  A  resolution  was  finally  pass- 
ed yesterday  adopting  the  constitution  of  the  United  States. 
There  was  no  motion  to  dispose  of  it  after  it  was  passed,  and 
the  chair  will  refer  it  to  the  committee  on  revision,  unless  there 
is  some  other  disposition  ordered  by  this  convention.  It  seems 
to  me  that  all  of  these  matters  when  once  finally  adopted  should 
should  be  referred  directly  to  the  committee:  on  revision.  If 
there  is  any  other  disposition  desired  by  the  convention,  the 
chair  is  ready  to  conform  to  any  motion  that  may  be  made. 

Mr.  FOX.  Would  it  not  be  well  enough  to  have  it  en- 
grossed and  then  referred  to  the  revision  committee? 

Mr.PRESIDENT.  Unless  the  convention  otherwise  order  the 
file  reported  by  the  committee  on  ordinances,  No.  20,  adopting 
the  constitution  of  the  United  States,  will  ,be  referred  to  the 
committee  on  revision.  As  there  is  no  other  reference  request- 
ed, it  is  so  referred,  Mr.  Secretary.  I  would  state  to  the  conven- 
tion that  the  proposition  that  was  passed  this  morning  con- 
tained a  large  number  of  amendments.  The  amendments  that 
were  adopted  by  the  convention  have  been  ordered  written  out 
by  the  engrossing  clerk,  as  a  matter  of  information  to  the  com- 
mittee on  revision.  The  bill  with  the  amendments  and  the  en- 
grossed copy  will  be  referred  to  the  committee  on  revision,  un-1 
less  otherwise  ordered.  Is  there  objection?  The  chair  hears 
none,  and  it  will  be  so  referred. 

Mr.  HOYT.  May  I  suggest  that  it  seems  to  me  that  it  would 
be  proper  that  the  revision  committee,  of  which  I  am  a  mem^ 
ber,  would  simply  have  the  net  result  and  not  the  details.  If 
these  propositions  are  referred  to  the  revision  committee  with, 
all  the  amendments,  it  might  be  confusing  to  the  committee  ? 

Mr.  PRESIDENT.  We  have  no  rule  upon  that  question, 
and  if  the  convention  will  make  some  rule  or  order  in  refer- 
ence to  this  matter  of  engrossing,  the  chair  would  be  glad  to 
have  it  do  so. 

Mr.  TESCHEMACHER.    Mr.  President. 

Mr.  PRESIDENT.  The  gentleman  from  La  ramie,  Mr. 
Teftchemacher. 

Mr.  TESCHEMACHER.  I  notice  that  one  of  the  rules 
makes  the  revision  committee  an  enrolling  committee.  I  see 
no  reason  at  all  why  we  should  not  also  act  as  an  engrossing 
committee.  As  chairman  of  the  revision  committee,  I  am 
perfectly  willing  to  undertake  that  work,  provided  the  con- 
vention desires  to  have  us  attend  to  it.  Rule  £>4,  to  which  I 
referred,  says  that  the  constitution  as  a  whole  should  be  care- 
fully enrolled  under  the  supervision  of  the  revision  committee. 

•J          •  ^  •  J0d 


28S  CONSTITUTIONAL  CONVENTION. 

and  it  seems  to  me  that  if  we  are  to  attepd  to  the  revision 
revision  and  enrollment  of  the  different  articles  that  we  might 
as  well  look  after  the  engrossment. 

Mr.  BURRITT.  If  the  chair  will  allow  me  to  make  a  sug- 
gestion. The  committee  on  rules,  when  this  rule  54  was  under: 
discussion,  fully  talked  over  this  matter  of  engrossment,  and. 
it  was  agreed  by  that  committee  that  the  committee  on  revis 
ion  would  have  to  look  after  this  matter  of  engrossment,  and 
we  did  not  appoint  any  engrossment  committee  for  the  reason 
that  we  had  no  funds  to  supply  an  engrossing  committee  with 
an  engrossment  clerk.  But  now  that  we  have  an  engross- 
ment clerk  to  do  the  work  of  enrolling  and  engrossment,  it 
seems  to  me  that  it  would  be  well  to  have  it  all  done  uncles 
the  committee  on  revision  for  which  the  gentleman  from  Lara- 
mie,  Mr.  Teschemacher,  speaks. 

Mr.  PRESIDENT.  The  chair  will  state  that  hereafter, 
wrhenever  these  propositions  have  passed,  if  there  is  no  objec- 
tion, they  will  be  referred  to  the  committee  on  revision  as 
an  engrossment  and  enrolling  committee,  and  they  will  have 
entire  charge  of  the  matter.  The  chair  will  understand  that 
all  of  these  matters  when  finally  passed  are  to  go  to  this  com- 
mittee as  fast  as  adopted. 

Gentlemen,  in  this  morning's  session,  a  point  of  order  was 
raised  to  a  motion  to  reconsider  being  debatable.  At  the 
time  the  point  was  raised,  it  was  the  belief  of  the  chair  that 
our  rules  expressly  provided  that  it  should  not  be  debatable,, 
and  refused  to  sustain  the  point  of  order.  In  so  doing  this 
chair  did  an  injustice  to  the  gentleman  from  Sheridan,  Mr, 
Coffeen,  and  to  the  gentleman  from  Laramie,  Mr.  Tesche- 
macher. The  chair  desires  to  apoligize  for  his  failure  to  ob- 
serve the  rules,  and  askes  the  pardon  of  the  gentlemen  for  any 
wrong  committed.  It  was  an  error  the  chair  committeed  in 
the  hurry  of  the  moment. 

There  are  several  matters  on  the  general  file,  for  consid- 
eration in  committee  of  the  whole,  and  a  motion  to  go  into* 
committee  of  the  whole  is  now  in  order  to  consider  the  gen- 
eral file. 

Mr.  BURRITT.  I  move  we  now  go  into  committee  of  the 
whole. 

Mr.  BAXTER.     Second  the  motion. 

Mr.  PRESIDENT.  Gentlemen,  it  is  moved  that  we  da 
now  go  into  committee  of  the  whole  for  the  consideration  of 
the  general  file.  All  in  favor  of  the  motion  will  say  aye;  those 
opposed,  no.  The  ayes  have  it;  the  motion  prevails.  I  wish 
to  say  by  way  of  explanation  at  this  time,  that  file  No.  57,  the 
file  concerning  irrigation  was  reported  back  to  the  conven- 
tion by  the  committee  on  irrigation,  and  as  stated  by  the 
chairman  of  the  committee,  or  onto  of  the  members  of  the 
committee  at  the  time,  it  was  not  intended  to  be  incorporated 
into  the  constitution  in  the  form  that  it  was  reported  back, 
but  that  it  contained  suggestions  to  be  considered  for*  that 


PROCEEDINGS  AND  DEBATES.  289 

purpose.  It  hasi  been  placed  on  the  general  file  an>l  will  go 
before  the  committee  of  the  whole  with  that  understanding 
and  explanation.  Will  Mr.  Smith  of  Carbon  please  take  the 
chair  ? 

Mr.  CHAIRMAN.  The  first  matter  to  be  considered  by  the 
Committee  is  file  No.  57.  The  clerk  will  read. 

Mi*.  BROWN.  I  move  to  amend  section  1  by  striking  out 
the  words  "not  heretofore  appropriated,-'  in  the  second  line 
of  said  section,  and  by  inserting-  in  the  third  line  in  said  se£- 
tion  after  the  word  "to,"  the  words  "prior  or  future."  The 
section  if  amended  in  that  form  wrould  read  as  follows:  "Thq 
water  of  all  natural  streams,  springs,  lakes  or  other  collec- 
tion of  still  water,  is  hereby  declared  to  be  the  property  of  the 
state,  subject,  however,  to  prior  or  future  appropriations  for 
beneficial  uses." 

CHAIR.    Do  I  hear  a  second  to  the  motion? 

Mr.  CHAPLIN.     Second  the  motion. 

CHAIR,  Gentlemen,  you  have  heard  the  amendment;  is 
the  committee  ready  for  the  question? 

Mr.  JOHNSTON.  Will  you  please  read  that  again  as  it 
should  read? 

CHAIR,  With  the  amendment,  it  would  read  in  this  way: 
(Quoted  above.) 

Mr.  BROWN.     Mr.  Chairman. 

Mr.  CHAIRMAN.    The  gentleman  form  Albany,  Mr.  Brown. 

Mr.  BROWN.  I  believe  that  we  should  declare  unquali- 
fiedly that  the  state,  or  the  people  of  the  state  are  the  owners, 
of  all  the  waters  in  the  state,  whether  they  have  been  acquired 
by  prior  appropriation  or  otherwise.  As  this  bill  reads  as 
originally  presented,  it  leaves  the  people  who  have  appropri- 
ated a  portion  of  the  wrater  as  the  absolute  owners  of  it,  and 
the  state  will  declare  that  they  have  no  ownership  whatever 
to  any  of  the  wraters  that  have  been  heretofore  appropriated. 
If  they  so  declare,  it  wrould  be  utterly  impossible!  for  the  leg* 
islature,  or  any  power  of  the  state,  to  control,  regulate,  or  ii^ 
any  manner  interfere  with  its  use.  It  is  only  by  the  declara- 
tion that  we  are  to  be  the  absolute  owners  of  all  the  water  that 
we  may  be  enabled  to  control  unreservedly  the  uses  to  which, 
it  may  be  put. 

Mr.  CLARK.     Mr.  Chairman. 

Mr.  CHAIRMAN.     The  gentleman  from  Uinta,  Mr.  Clark. 

Mr.  CLARK.  I  would  propose  an  amendment.  I  would  vote 
in  favor  of  the  wrord  "prior, ;  but  it  seems  to  me  that  the  idea 
of  the  mover  would  be  equally  carried  out  if  the  word  "future" 
should  be  omitted,  so  that  the  sentence  would  read  "subject, 
however,  to  prior  appropriations  for  beneficial  uses."  I  fail  to 
see  any  significance  in  the  words  "future  appropriation."  If 
the  water  were  the  property  of  the  state,  the  state  could  prov- 
vide  in  whatever  manner  it  chose  for  the  future  disposition  of 
the  rights  to  wrater. 
19— 


290 


CONSTITUTIONAL  CONVENTION. 


Mr.  CHAIR-MAX.  Do  I  understand  you  as  making  that  as 
an  amendment? 

Mr.  CLARK.  I  am  making  it  as  a  suggestion  to  the  mover! 
of  the  amendment. 

Mr.  JOHNSTON.    Mr.  Chairman. 

Mr.  CHAIRMAN.  The  gentleman  from  Laramie,  Mr.  John- 
ston. 

Mr.  JOHNSTON.  I  should  like  to  read  a  little  from  the  Unit- 
ed States  statute  in  regard  to  this  matter.  "Whenever  by  pri- 
ority of  appropriation  the  possessory  rights  to  the  use  of  water 
for  mining,  agricultural  or  other  purposes  have  passed  and  ac- 
crued, and  the  same  are  recognized  and  acknowledged  by  local 
customs,  laws  and  decisions  of  courts,  the  possessors  and  own- 
ers of  said  aforesaid  rights  shall  be  maintained  and  protected 
in  the  same,  and  the  right  of  way  for  the  construction  of  such1 
ditches,  or  flumes,  as  may  be  necessary,  is  hereby  acknowledged 
and  confirmed."  It  would  seem  to  me  that  this  would  confirm 
the  rights  to  appropriations  already  made,  and  it  was  for  this 
reason  that  this  bill  was  worded  in  the  manner  that  it  was. 

Mr.  FOX.  I  think  this  amendment  is  offered  for  the  reason 
that  if  the  state  claims  this  water,  it  should  be  subject  to  fu- 
ture appropriation,  and  I  think  it  proper  that  it  should  go  in 
there.  I  don't  think  it  would  be  right  to  declare  that  all  water 
belongs  to  the  state,  and  not  have  it  subject  to  future  appropri- 
ations, and  I  think  this  amendment  should  go  in  there. 

Mr.  CHAIRMAN.  Are  there  any  further  remarks?  If  not, 
the  vote  will  be  taken  on  the  amendment  as  suggested  by  the 
gentleman  from  Albany,  Mr.  Brown.  All  in  favor  of  the  amend- 
ment as  offered  will  say  aye;  those  opposed  no.  The  ayes  have 
it;  it  is  so  amended.  The  clerk  will  read  Sec.  2. 

(Reading  of  Sec.  2.) 

Mr.  POTTER.    Mr.  Chairman. 

Mr.  <JMAIK:VIAJN.    The  gentleman  from  Laramie,  Mr.  rotter. 

Mr.  POTTER.  I  desire  to  make  a  reference  to  this  section^, 
not  so  much  for  the  reason  that  I  am  sure  it  is  right,  but  to 
have  it  discussed.  I  desire  to  move  that  the  word  "springs" 
be  stricken  from  the  section.  I  would  like  to  discuss  that  mat- 
ter a  little. 

Mr.  CHAIRMAN.  The  chair  will  state  the  motion  so  as  to 
brin<r  it  before  the  committee.  It  has  been  moved  and  secj 
oiided  that  the  word  spring  be  stricken  out. 

Mr.  POTTER.  I  don't  know  that  the  motion  is  right,  but 
in  order  to  get  it  before  the  committee  I  made  the  motion.  It 
seems  to  me  that  as  it  now  stands  it  includes  a  great  variety 
of  classes  of  water  that  we  might  not  want  to  include.  Would 
that  include  mineral  or  medicinal  springs?  For  instance,  I 
understand  that  there  are  some  very  valuable  mineral  springs 
in  Carbon  county,  I  don't  know  anything  about  them  but  I  am 
informed  that  they  are  there,  but  would  this  term  springs  in- 
clude them,  such  springs  as  them  and  other  springs  that  do  not 
get  into  flowing  water  courses  at  all.  It  seems  to  me  that  this 


PROCEEDINGS  AND  DEBATES.  291 

is  an  important  matter  and  we  ought  to  consider  it  very  care- 
fully. 

Mr.  JOHNSTON.  Thi*  is  intended  to  coa.-r  water  starling 
in  iho  uplands.  The  coart  decisions  have  always  ruled  that 
springs  that  rise  on  river  lands  are  the  property  of  the  own- 
<±r  of  the  lands  until  the  water  flows  from  and  off  the  land. 

Mr.  CHAIRMAN.  Any  further  remarks?  If  not,  the  ques- 
tion will  be  on  the  motion  of  the  gentleman  from  Laramie,  Mr. 
Potter,  to  strike  out  the  word  spring  in  the  first  line. 

Mr.  CONAWAY.    Mr.  Chairman. 

Mr.  CHAIRMAN.  The  gentleman  from  Sweetwater,  Mr. 
Con&way. 

Mr.  CONAWAY.  I  should  like;  to  hear  this  matter  further 
discussed  before  we  take  a  vote  on  it,  and  I  don't  feel  prepared 
at  the  present  time  to  discuss  it  very  intelligently  myself.  It 
has  occured  to  me  on  what  brief  consideration  I  have  given  this 
section  that  we  may  be  claiming  more  than  we  are  rightly  and 
legally  entitled  to.  I  suppose  it  is  true,  however,  that  we  can- 
not lose  anything  by  claiming  too  much.  But  I  should  like  to 
hear  the  views  of  those  who  have  given  the  matter  more  con- 
sideration than  I  have.  There  are  some  considerations,  how- 
ever, to  which  I  will  now  call  attention.  It  is  a  doctrine  of 
common  law,  both  in  Europe  and  in  this  country,  that  the  wa- 
ter naturally  flowing  upon  the,  land  is  part  and  parcel  of  th^j 
land,  and  title  to  the  land  gives  title  to  the  water.  The  United 
States,  as  the  owner  of  the  public  lands,  is  the  owner  of  the* 
water  alsoy  and  will  our  claim  as  a  state  to  the  ownership  of 
all  this  water  not  conflict  with  the  rights  of  the  United  States 
and  with  the  rights  which  settlers  on  those  public  lands  may 
claim  and  may  acquire  in  acquiring  title  to  the  land  from  the* 
United  States.  Will  not  the  adoption  of  this  provision  in  our 
constitution  necessitate  the  prosecution  of  two  kinds  of  claims 
upon  the  part  of  settlers,  one  to  obtain  title  to  the  land  and 
the  other  to  obtain  title  to  the  water,  and  his  would  apply 
more  forcibly  to  springs  than  to  running  streams  upon  the 
land.  The  rights  of  riparian  proprietors  at  common  law  is  as 
familiar  as  common  law  itself.  The  question  has  been  fully 
discussed  and  decisions  reached  by  the  courts  of  the  different 
states  that  the  right  of  a  riparian  proprietor  in  running  water 
is  at  common,  law  that  the  wrater  should  run  over  his  land  un- 
disturbed in  quantity  and  unadulterated  in;  quality  by  any 
claimant  above  him  upon  the  stream,  and  as  the  United  States 
is  the  riparian  proprietor  of  the  waters  upon  the  public  lands, 
I  doubt  very  much  the  propriety  of  changing  the  rule  that 
when  anyone  acquires  title  to  the  land  upon  which  a  spring( 
rises  he  also  acquires  by  that  very  fact  the  spring  itself. 
The  spring  goes  with  the  land.  It  always  did  belong  to  it,  and 
always  will,  and  do  we  desire  to  change  that  rule?  If  we  think 
best  to  do  it.  I  am  not  prepared  to  say  it  is  not  best  to  do  so. 
That  we  have  a  right  to  do  it  I  am  not  prepared  to  say,  and  1 
should  like  to  hear  this  matter  discussed  so  we  may  reflect  up- 


292  CONSTITUTIONAL  CONVENTION. 

on  it,  and  act  more  intelligently  upon  it  than  I  feel  preparaed 
to  act  myself  at  the  present  time.  I  should  like  to  h:iAre  those 
who  have  given  the  matter  consideration  to  say  AA^hether  AVO 
have  the  right  to  make  this  claim  to  the  waters  of  all  nat- 
ural streams,  lakes,  springs,  etc.,  Avithin  the  borders  of  our 
proposed  state,  and  Avhether  if  Ave  do  make  the  claim  Ave  are 
not  claiming  something  which  does  not  belong  to  us,  and 
whether  the  claim  Avill  be  valid. 

Mr.  JOHNSTON.  I  believe  it  has  been  conceded.  I  know  it 
has,  that  the  states  should  haAre  the  control  of  the  water  oU 
the  state.  If  they  haAre  control  of  the  waters,  Avhy  not  the 
source  of  supply?  The  question  will  arise  Avhere  shall  Ave  make 
this  division  for  the  water  that  lies  on  the  public  lands.  W"e 
will  concede  that  springs  on  lands  that  have  been  taken  up 
and  become  the  property  of  private  holders  belong  to  them, 
but  if  the  Avater  of  the  spring  has  been  already  appropriated 
to  beneficial  uses  before  the  land  passes  into  the  possession  of 
a  private  holder,  I  claim  that  water  belongs  to  the  party  Avho 
first  put  it  to  use,  provided  he  uses  it  Avithout  loss. 

Mr.  POTTER.  With  xeference  to  a  part  of  this  matter,  I 
think  perhaps  Ave  will  haAre  no  difficulty  in  arriAdng  at  a  con- 
clusion. While  it  is  true,  as  Judge  Conaway  remarks,  that  at 
common  law,  the  riparian  OAvner  has  a  right  to  the  Avater  that 
passes  over  his  premises,  or  by  his  premises,  in  some  of  the 
Avesteni  states  that  rule  has  been  changed  by  decisions  of  the 
courts  on  the  ground  that  in  the  existing  condition  of  things, 
that  it  was  necessaray  it  should  be  changed,  and  holding  that 
there  is  no  such  thing  as  riparian  ownership  to  the  water,  but 
that  a  person  can  get  an  interest  in  that  water  by  a  prior  ap- 
propriation. So  far  as  it  has  been  passed  upon  in  this  terri- 
tory I  believe  that  has  been  the  decision  of  the  courts  in  ref- 
erence to  riparian  ownership  here.  They  ha\^e  had  a  great  deal 
of  difficulty  about  the  matter  in  California,  owing  to  a  lack  of 
expression  in  regard  to  the  matter  in  their  constitution.  I  am 
A^ery  nrich  in  faA^or  of  the  right  to  apprpriate  water  for  irriga- 
tion and  domestic  uses  as  opposed  to  the  riparian  OAvnership 
theory,  but  I  don't  think  we  ought  to  interfere  or  attempt  to 
interfere  in  our  constitution  with  the  right  to  water  that  does 
not  become  floAving  streams,  and  perhaps  some  kind  of  springs, 
such  as  I  haATe  mentioned  in  Carbon  county.  Whether  this 
would  have  the  effect  of  doling  that,  I  do  njot  know.  It  is  a 
neAv  question  with  me,  as  it  is  AA7ith  most  of  the  com'entlon, 
and  the  way  I  feel  about  it  now  I  hardly  feel  as  if  I  Avas  Avell 
enough  informed  to  A^ote  intelligently. 

Mr.  BROWN.  I  have  been  a  good  deal  perplexed  with  my 
friend  from  Laramie,  Mr.  Potter,  as  to  just  what  should  be 
done  with  this  matter  of  springs.  The  rule  as  to  riparian  own- 
ers has  been  correctly  stated  by  the  gentleman  from  SweetAva- 
ter,  Mr.  Conaway,  as  to  running  streams,  and  that  rule  goes  so 
far  as  to  apply  to  all  springs  from  which  water  passes  across 
land  to  adjacent  lands,  no  matter  how  large  or  how  small  the 


PROCEEDINGS  AND  DEBATES.  293 

spring  may  be.  But  where  the  water  does  not  pass  from  the 
.spring  across  the  land  of  the  owner,  it  places  it  in  a  somewhat 
different  situation,  because  there  is  no  riparian  owner  except 
the  man  who  owns  the  particular  tract  of  land  upon  which 
the  spring  is  situated.  But  something  has  been  said  about 
appropriating  the  water  in  springs  and  streams  that  are  situ- 
ated upon  the  public  domain.  It  has  been  decided  by  the  su- 
preme court  of  the  state  of  Nevada  that  no  right  to  water  can 
be  acquired  by  any  person  settling  lands  belonging  to  the 
United  States.  They  may  have  the  use  of  the  water  as  provid- 
ed by  the  law  of  the  United  States,  but  that  is  to  the  utmost 
that  anyone  can  go  in  making  any  appropriation  of  such  wa- 
ters. Now,  we  declare  here  that  the  state  of  Wyoming  shall  be 
the  owner  of  all  the  water  within  its  limits.  Of  course,  we  can 
do  that  only  to  such  wataer  as  is  situated  upon  land  belonging 
to  the  citizens  of  the  state,  and  as  the  title  of  the  United  States 
passes  to  the  citizen  wrho  settles  upon  the  public  lands,  the  ti- 
tle to  the  water  will  also  pass  under  the  control  of  the  legisla- 
tive power  of  the  state,  under  this  declaration,  but  just  how  far 
we  may  go  in  our  demands  as  to  this  matter  is  a  question  that 
I  have  not  investigated,  and  I  doubt  whether  there  is  any  gen- 
tleman upon  this  floor  who  has  sufficiently  investigated  the 
matter  to  say  on  his  conscience  what  we  shall  do  in  reference 
to  it.  I  therefore  move,  Mr.  Chairman,  that  we  report  back 
this  bill  to  the  convention,  and  ask  leave  to  sit  again  on  the 
same  matter  contained  in  this  file 

Mr.  HOLDEN.    Second  the  motion. 

Mr.  BURRITT.    Mr.  Chairman. 

Mr.  CHAIRMAN.     The  gentleman  from  Johnson,  Mr.  Bur- 
ritt. 

Mr.  BURRITT.  I  hope  that  this  motion  will  not  be  passed 
at  this  time,  but  that  we  ]be  allowed  to  pass  on  with  this  file 
sufficiently  far  to  reach  the  state  board  of  control,  which,  as  I 
understand  it,  is  a  still  more  radical  change,  and  a  more  diffi- 
cult subject  perhaps  to  wrestle  with  than  the  one  just  passed. 
It  reverses  the  present  system.  We  have  a  document  here  to 
show  to  the  convention  the  evils  of  our  present  irrigation  sys- 
tem, and  the  organization  of  the  state  board  of  control  pro- 
poses to  reverse  that  system.  It  has  its  objections,  perhaps, 
but  the  committee  are  anxious  to  hear  from  the  gentlemen 
present  and  get  their  views  on  the  matter. 

Mr,  BROWN.  With  the  consent  of  my  second  I  will  with- 
draw the  motion  made. 

Mr.  POTTER.  I  think  inasmuch  as  we  are  not  any  of  us 
hardly  prepared  to  vote  upon  the  question,  I  think,  Mr.  Chair- 
man, it  would  be  a  good  idea  to  withdraw  the  motion. 

Mr.  CHAIRMAN.  The  mover  of  the  motion  asks  to  with- 
draw the  motion.  Is  there  objection?  The  chair  hears  no  ob- 
jection and  the  motion  is  withdrawn.  The  secretary  will  read 
Sec.  2. 

(Reading  of  Sec.  2.) 


294 


CONSTITUTIONAL  CONVENTION. 


Mr.  FOX.    Mr.  Chairman. 

Mr.  CHAIRMAN.    The  gentleman  from  Albany,  Mr.  Fox. 

Mr.  FOX.  I  have  an  addition  to  the  bill  which  I  think 
should  be  incorporated  and  should  come  in  as  Sec.  2,  and  the(- 
following  sections  of  the  bill  to  be  numbered  one  number  high- 
er. What  I  propose  to  this  bill  is  this:  "All  persons,  compa- 
nies or  corporations  taking  or  diverting  water  from  its  nat- 
ural course,  shall  be,  and  are  hereby  declared  to  be  common 
carriers." 

My  object  in  presenting  this  section  is  to  protect  honest 
and  poor  settlers  who  want  to  settle  on  the  public  lands,  sit- 
uated along  what  we  term  railroad  grant  lands. 

Mr.  CHAIRMAN.  Do  you  offer  that  as  an  additional  sec- 
tion to  be  knowrn  as  section  2? 

Mr.  FOX.    Yes. 

Mr.  SUTHERLAND.  Second  the  motion. 

Mr.  CHAIRMAN.  The  committee  has  heard  the  reading 
of  the  section  offered  by  Mr.  Fox  to  be  inserted  in  this  file 
as  section  2.  That  would,  of  course,  necessitate  the  chang- 
ing of  the  numbers  of  the  other  sections.  Is  the  committee- 
ready  for  the  question? 

Mr.  HAY.     Mr,  Chairman. 

Mr.  CHAIRMAN.  The  gentleman  from  Laramie,  Mr.  Hay. 
I  think  there  is  one  change  that  ought  to  be  made 
in  that  amendment.  I  don't  think  that  all  irrigating  ditches 
shoald  be  declared  common  carriers.  If  I  take  out  a  ditch 
on  my  owrn  land,  for  my  own  use,  for  the  particular  purpose 
of  irrigating  my  own  property,  and  don't  expect  or  want  to 
sell  the  water,  I  think  that  ditch  should  not  be  designated 
as  a  common  carrier,  and  I  be  compelled  to  sell  that  watei 
whether  I  want  to  or  not.  If  I  had  land  enough  to  use  it, 
and  have  no  desire  to  sell  the  water,  I  don't  see  why  I  should 
be  compelled  to,  and  I  don't  think  ditches  constructed  for 
private  uses  ouijht  to  be  common  carriers. 

Mr.  JOHNSTON.  I  would  object  to  the  addition  of  that 
clause,  as  I  think  it  comes  under  the  head  of  legislation.  I 
think  it  is  not  necessary  to  make  this  so  voluminous,  and 
we  ought  to  leave  the  settlement  of  these)  minor  points  to 
our  legislature.  The  clause  just  introduced  by  the  gentle- 
man from  Albany,  is  already  on  our  statute  books,  and  is 
recognized,  I  think  by  everyone  as  a  just  one. 

Mr.  CHAIRMAN.  Are  there  any  further  remarks?  If  not 
the  question  is  on  the  adoption  of  the  amendment  offered  to 
insert  this  scetlon  2  by  the  gentleman  from  Albany,  Mr.  Fox. 

Mr.  CLARK.    Mr.  Chair-man. 

Mi:  CHAIRMAN.    Hie  gentleman  from  Uinta,  Mr.  Clark.. 

Mr.  CLARK.  I  believe  that  the  object  intended  to  be 
reached  by  the  gentleman  is  a  proper  one,  but  I  do  not  thii^lv 
he  has  made  a  happy  choice  of  terms  in  regard  to  this  sec- 
tion. I  therefore  move  that  when  this  committee  arise,  it 
report  it  back  to  the  convention  with  the  recommendation 


PROCEEDINGS  AND  DEBATES. 


295 


that  it  be  referred  to  this  committee  on  irrigation,  for  the 
purpose  of  framing  a  section  to  cover  this  question. 

Mr.  BROWN.    Second  the  motion. 

Mr.  CHAIRMAN.  It  is  moved  and  seconded  that  the  prop- 
osition offered  by  the  gentleman  from  Albany,  Mr.  Fox,  be 
referred  to  the  committee  on  irrigation,  in  order  that  they 
may  put  it  in  proper  shape.  Is  the  committee  ready  for  the 
question  ? 

Mr.  FOX.    Mr.  Chairman. 

Mr.  CHAIRMAN.     The  gentleman  from  Albany,  Mr.  FOX.J 

Mr.  FOX.  I  would  like  to  have  this  referred  to  the  com- 
mittee on  irrigation  for  I  think  it  is  a  very  important  thing 
that  it  should  be  in  the  constitution.  For  instance,  a  number 
of  persons,  or  a  corporation  may  organize  a  strong  company 
to  take  out  nearly  all  the  water  in  a  stream,  convey  it 
across  the  prairie,  and  without  having  use  for  this  water  them- 
selves, will  prevent  the  settlers  who  may  want  to  settle  on, 
the  public  lands  from  obtaining  water  out  of  this  canal  un- 
less they  buy  water  from  this  company  or  buy  the  railroad 
lands,  and  I  think  that  if  a  company  has  the  right  to  take 
this  water  from  its  regular  channel  and  put  it  where  it  can 
not  be  used,  that  settlers  should  have  the  right  to  the  use 
of  (tiie  water  so  long  as  there  is  a  surplus,  a,t  any  rate.  I 
hope  this  will  be  referred  to  this  committee,  and  that  they 
will  consider  the  proposition  seriously  in  their  report. 

Mr.  CHAIRMAN.  The  question  is  on  the  motion  to  refer 
this  section  proposed  by  Mr.  Fox  to  the  committee,  for  the 
purpose  of  getting  the  language  in  better  shape.  Are  you 
ready  for  the  question? 

Mr.  BROWN.  I  rise  to  make  a  remark  at  this  time  not  to  de- 
bate the  question  at  all,  but  simply  to  make  a  suggestion  that 
it  may  be  considered  by  the  committee  on  irrigation,  when 
this  matter  is  again  before  them.  We  have  in  this  country 
what  is  called  railroad  lands,  every  alternate  sections  belong- 
ing to  the  railroad  company,  the  other  to  the  government. 
Now,  a  big  company  may  be  formed  for  the  purpose  of  tak- 
ing out  water  to  irrigatae  lands  which  they  Own  themselves, 
that  is,  the  railroad  lands.  The  ditch  may  be  carried  for  a 
distance  of  thirty  or  forty  miles  over  lands  part  of  which 
belong  to  the  United  States,  and  are  open  to  settlement  by 
its  citizens,  but  the  company  taking  out  this  ditch  and  the 
water  to  use  on  their  own  lands,  carries  it  past  these  gov- 
ernment lands.  Now,  supposing  a  settler  w-ho  desires  to  make 
an  entry  on  the  land  belonging  to  the  government  wants 
some  of  that  water,  and  the  company  refuses  to  sell  any  por- 
tion of  that  water,  although  they  take  the  entire  stream  from 
it5j  bed,  to  any  man  who  desires  to  settle  upon  a  portion  of 
the  public  lands  of  the  United  States.  What  are  you  going 
to  do  about  it?  This  section  offered  by  my  friend  from  Albany, 
Mr.  Fox  is  intended  in  some  wray  to  reach  this  evil,  if  possible, 
and  I  now  speak  of  it,  in  order*  that  the  committee  on  irriga- 


296  CONSTITUTIONAL  CONVENTION. 

tion  may  consider  it  when  it  comes  before  lliem  for  action, 
as  it  is  a  mailer  of  great  importance  to  many  people  in  the 
territory. 

>!".  (1II A I  UMAX.  The  question  is  on  the  motion  to  refer 
this  proposition  to  the  committe  on  irrigation.  Those  in 
favor  of  the  motion  will  please  say  aye;  those  opposed,  no. 
The  nyes  have  it  and  it  is  ordered  referred  to  the  committee 
on  irrigation.  The  clerk  Avill  read  the  next  section. 

(Heading  of  section  2.) 

Mr.  nrKKITT.    I  move  that  section  2  be  stricken  out. 

Mr.  0)XAWAY.     Second  the  motion. 

Mr.  CHAIRMAX.  It  is  moAred  and  seconded  that  sec- 
tion 2  be  stricken  out.  Are  you  ready  for  the  question? 

Mr.  I>URRITT.  Mr.  Chairman,  as  the  authorized  repre- 
sentative of  the  committee  on  irrigation,  I  desire  to  lay  be- 
fore the  convention  some  of  the  considerations  which  have  been 
laid  before  our  committee,  which  have  influenced  us  to  a  great 
degree  to  make  this  extraordinary  report.  I  have  in  my  hand  a 
paper  prepared  by  the  territorial  engineer,  Prof.  Mead,  treating 
upon  this  subject,  and  showing  very  conclusively  what  is  the 
trouble  with  our  present  irrigation  system,  which  is  the  exact 
direct  opposite  to  the  one  proposed  by  this  bill,  and  as  intro- 
ductory to,  and  supplementary  to  that  report  I  de- 
sire to  call  the  attention  to  a  few  figures  in  relation  to 
a  few  ditches  taken  from  Horse  creek  and  its  tributaries,  a 
creek,  the  water  of  which  has  been  diverted  and  the  appropri- 
ataion  decided  by  the  district  court  of  this  district. 

Horse  Creek  Live  Stock  company  ditch,  160  acres,  two  cu- 
bic feet.  That  is  80  acres  of  land  to  a  cubit  foot  of  water  peij 
second  of  time.  Carey  Horse  Creek  ditch  Xo.  7,  140  acres,  sev- 
en cubic  feet  of  water,  or  a  cubic  foot  of  water  for  every  twenty 
acres.  Going  on  down  we  come  to  Carey  Horse  Creek  ditch 
No.  8,  190  acres,  with  twenty  cubic  feet  of  water  for  the  ap- 
propriation there.  Then  there  is  the  McLoughlin  ditch,  cover- 
ing 100  acres,  with  an  appropriation  of  two  cubic  feet  of  wa- 
ter; that  would  be  about  one  cubic  foot  of  water  to  50  acres. 
,The,re  are  others  still  more  out  of  proportion  than  these  I  have 
quoted  here,  but,  gentlemen  of  the  convention,  that  is  the  de-1 
cree  of  the  district  court  for  the  first  judicial  district  of  Wyo- 
ming, sitting  in  Cheyenne,  on  the  appropriation  of  water  from 
Horse  creek.  It  runs  all  the  way  from  a  foot  to  15  acres  to 
twenty  feet  to  150  to  200  acres.  Xow  in  the  ordinary  condi- 
tion of  tilings  it  is  an  almost  universal  rule  that  one  cubic  foot 
of  water  per  second  of  time  will  do  service  for  50  or  00  acres;. 
It  has  been  fully  demonstrated,  I  think,  that  we  have  got  this 
thing  wrong  end  to,  that  we  have  got  the  cart  before  the  horse, 
in  submit  ling  a  natter  to  the  court  abo-it  which  they  have  nlo 
knowledge,  officially  or  practically,  and  to  enable  it  to  get 
any  knowledge  it  would  have  to  spend  a  series  of  years  in 
studying  the  question,  and  then  when  the  decree  is  made,  find, 
that  it  had  not  diverted  the  water  according  to  the  use  that 


PROCEEDINGS  AND  DEBATES. 


297 


it  was  required  to  be  put  to.  I  desire  to  read  you  Prof.  Mead's 
report  on  this  subject. 

(Prof.  Mead's  report.) 

The  committee  on  Irrigation  simply  bring  in  this  report  for 
the  infarmatior.  of  the  Committee. 

Mr.  HAY.  I  move  when  this  Committee  arise  they  report 
back  this  file  with  the  recommendation  that  the  whole  file  be 
reported  back  to  the  Committee  on  Irrigation. 

Mr.  BURRITT.  I  would  like  to  make  an  amendment  before 
that  is  done.  I  desire  to  amend  section  five  by  inserting  be- 
tween the  words  "state"  and  "engineer"  the  word  hydraulic. 

Mr.  JOHNSTON.  I  desire  to  state  that  in  the  original  bill 
creating  the  office  of  state  engineer,  it  was  drafted  "StatxJ 
Hydraulic  Engineer."  There  were  very  serious  objections  raised 
to  it  on  the  ground  that  it  might  prevent  him  from  performing; 
any  other  duties  in  connection  with  those  that  he  might  perf om 
in  the  engineering  line,  and  that  he  should  be  called  the  state 
engineer  and  that  would  include  all  the  duties  wThich  might 
come  within  his  office.  That  was  the  objection  to  the  original 
draft  of  the  bill  creating  that  office. 

Mr.  CHAIRMAN.  All  in  favor  of  the  motion  will  say  aye ; 
those  opposed  no.  The  noes  have  it;  the  motion  is  lost. 

Mr.  FOX.  I  would  suggest  that  when  this  is  referred  back 
to  the  committee  that  the  words  "and  such  other  duties  as  may 
be  prescribed  by  law"  be  added  to  the  section,  for  this  reason. 
We  do  not  expect  the  engineer  to  do  anything  that  is  not  in 
the  line  of  his  official  duty,  but  circumstances  might  arise 
whereby  the  engineer  of  this  state  would  be  required  to  attend 
conventions  in  an  adjoining  state,  and  the  legislature  might  di- 
rect him  to  do  this,  and  under  this  law,  might  say  it  was  not 
his  duty  without  extra  pay,  and  I  think  all  of  that  kind  of 
things  ought  to  be.  ai  part  of  his  duty  if  the  legislature  requir- 
ed that  he  should  be  required  to  do  it. 

Mr.  HAY.  I  wish  to  insist  upon  my  motion  to  refer  this 
file  on  irrigation  back  to  the  irrigation  committee. 

Mr.  CHAIRMAN.  The  question  is  on  a  motion  to  refer  File 
51,  on  irrigation,  back  to  the  irrigation  committee.  Are  you 
ready  for  the  question?  All  in  favor  of  the  motion  will  say  aye; 
contrary  no;  the  ayes  have  it;  it  is  so  referred.  The  gentlemen 
can  make  all  of  these  suggestions  to  the  committee.  The  next 
thing  on  the  general  file  is  the  substitute  for  Files  19  and  22, 
county  orgn mention.  The  clerk  will  read  Sec.  1.  Any  amend- 
ments to  Sec.  1  ?  The  chair  hears  none.  Sec.  2. 

Mr.  CAMPBELL.  In  the  fourth  line  /between  the  words 
"two"  and  "millions"  there  should  be  inserted  the  words  "five 
hundred  thoasand,"  making  it  read  "two  million  five  hundred 
thousand." 

Mr.  POTTER.  I  would  amend  the  amendment  by  striking 
out  the  word  "two"  and  inserting  the  word  "three,"  so  it  will 
read  "three  million." 


298 


CONSTITUTIONAL  CONVENTION. 


Mr.  CHAIRMAN.    Gentlemen,  you  have  heard  the  amend- 
ment to  the  amendment.    Are  you  ready  for  the  question? 

Mr.  COF'FEEX.  I  am  not  read}^  for  the  question  until  it  is- 
discussed.  I  come  from  a  county  that  is  one  of  the  newest  in 
the  sisterhood,  and  is  in  today  perhaps  as  good,  if  not  better, 
financial  condition  than  any  county  in  the  territory,  and  by 
these  provisions,  as  they  now  stand,  it  would  have  been  im-^ 
possible  to  have  secured  an  organization  of  Sheridan  county, 
for  we  have  not  even  now  two  millions  of  taxable  property, 
according  to  the  last  assessment  in  our  county,  and  therefore 
I  am  opposed  to  increasing  and  heaping  up  difficulties  in  tha 
way  of  organizing  new  counties,  by  making  the  assessable; 
valuation  of  taxable  property  too  high.  The  greatest  diffi- 
culty in  the  management  of  counties  is  the  necessary  use  of 
funds,  but  a  taxation  on  two  millions  of  taxable  property  or; 
valuation  will  give  more  funds  than  is  needed  for  the  proper 
running  of,  ordinarily,  any  counties  that  will  be  organized,  if 
they  are  conducted  on  an  economical  and  proper  basis ;  we  wTere 
organized  with  an  assessable  property  valuation  of  not  over  a 
quarter  of  a  million,  and  have  gotten  along  very  well,  and  are 
doing  well  now,  and  expect  to  prosper,  understanding  our  own 
affairs  very  well.  This  with  only  a  quarter  of  a  million  taxa- 
ble valuation.  Then  ,again,  I  wish  to  call  the  attention  of  the 
delegataes  who  all  favor  the  more  rapid  development  of  this 
territory,  and  to  ask  you  to  consider  tw^o  or  three  things.  In 
the  first  place  you  are  seeking  statehood  because  by  the  local 
government  of  your  affairs  you  can  more  advantageously  man- 
age your  own  affairs,  and  I  agree  with  you  there,  but  will  you 
deny  to  those  communities  and  districts  who  desire  on  a  less- 
amount  to  begin  business  and  set  up  for  themselves,  local  gov- 
ernment, upon  the  very  same  principle  on  which  we  are  seek- 
ing statehood?  Is  it  not  the  best  policy,  is  it  not  best  in  the 
benefit  of  our  resources  to  facilitate  the  organization  of  new 
counties,  that  you  fix  this  so  that  counties  having  enough  tax- 
able property  as  is  sufficient  for  an  economical  home  manage- 
ment, may  organize,  when  they  so  desire,  and  1  hold  that  but 
one-half  of  two  millions  is  plenty  for  any  new  county  to  .start 
upon  with  careful  management. 

Mr.  RINER.  In  what  condition  did  it  leave  Johnson 
county? 

Mr.  CAMPBELL.  If  Sheridan  county  is  in  such  a  prosper^ 
ous  condition,  why  is  it  their  warrants  are  selling  at  such  a, 
discount  today? 

Mr.  COFFEEN.  Provided  we  can  properly  discuss  it,  I 
shall  hold  myself  in  readiness  to  explain. 

Mr.  POTTER.  I  think  with  the  gentleman  from  Sheridail 
so  far  as  Sheridan  county  is  concerned,  it  has  done  very  well 
iiuliM-d.  I  know  that  that  county  has  got  along  very  nicely, 
but  I  believe  also  that  it  is  possibly  almost  a  solitary  excep- 
tion. They  have  conducted  their  affairs  in  a  very  economical 
in  aimer,  and  if  it  had  been  done  otherwise,  if  it  had  been  nee- 


PROCEEDINGS  AND  DEBATES.  299 

essary  for  them  to  have  had  any  unusual  expense,  if  they  had 
had  any  term  of  the  district  court  there,  within  a  year  of  their 
organization,  they  would  have  found  themselves  'without  the 
power  to  keep  themselves  free  from  debt.  Under  other  circum- 
stances1, although  I  say  it  is  a  county  that  is  going  to  grow, 
and  they  have  conducted  their  concerns  so  economically,  they 
could  not  have  kept  themselves  out  of  debt.  Now  in  the  very 
ne^xt  county,  with  a  taxable  valuation  of  one  million  seven  hun- 
dred thousand,  not  two  millions,  they  tell  me,  those  who  are 
acquainted  with  the  affairs  of  that  county,  that  it  is  almost 
impossible  for  them  to  exist  and  keep  out  of  debt,  and  that 
instead  of  getting  out  of  debt  the  chances  are  that  they  will 
become  deeper  and  deeper  involved.  NOAV,  as  we  well  know,  I 
think  there  are  great  theories  concerning  the  organization  of 
new  counties,  have  grown  up  in  every  state.  The  desire  is  t<j(- 
form  new  counties,  and  you  will  find  in  some  of  the  more  thick- 
ly settled  states,  counties  that  you  can  almost  step  across,  so 
1  think  we  want  to  place  some  proper  safeguards  about  this. 
I  have  no  desire  to  hamper  the  organization  of  new  counties, 
beyond  that  which  is  absolutely  necessary;  that  is  all,  and  I 
only  want"  to  fix  a  minimum  in  this  constitution  that  will  make 
it  absolutely  safe  for  a  new  county  to  organize.  That  is  the 
only  wish  I  have;  nothing  else  in  the  world. 

I  believe  in  the  organization  of  new  counties,  but  I  don't 
believe  that  we  ought  to  have  them  organized  unless  they  can 
do  so  safely.  I  believe  in  their  organization  because  it  gives 
them  greater  privileges,  that  they  can  transact  public  busi- 
ness to  much  greater  advantage,  and  it  seemed  to  me  that  with 
the  experience  of  most  of  the  counties  of  the  territory  that 
two  millions  was  too  low.  It  may  be  that  my  colleague,  Mr. 
McCandlish,  has  fixed  the  right  sum,  that  three  million  is  too 
hiffh.  I  am  rather  inclined  to  think  that  two  millions  and  a 
half  is  the  correct  amount.  And  on  this  same  matter  I  think 
we  ought  to  make  a  greater  concession  to  the  old  counties  than 
is  in  this  bill.  However,  that  is  not  a  proper  motion  to  make 
at  this  time.  With  our  present  experience  I  don't  believe  we 
can  say  that  a  new  county  can  safely  take  upon  itself  local 
government  and  get  along  on  two  millions  assessable  valua- 
tion. 

Mr.  HARVEY.  I  agree  very  heartily  with  the  gentleman 
from  Sheridan.  We  in  the  north  squeal  from  very  bitter  ex- 
perience on  this  subject.  We  have  learned  to  our  entire  satis- 
faction the  difficulties  of  being  two  hundred  miles  from  the 
county  seat.  We  realize  very  keenly  the  hardship  of  being  de- 
prived practically  of  local  self  government,  and  we  think  this 
ought  to  be  reduced  so  that  counties  may  be  organized  when 
the  people  desire  it.  I  for  one  know  that  I  would  never  have 
lived  in  central  Wyoming  for  three  years  had  I  anticipated  the 
experience  that  I  have  had.  Our  county  seat  was  over  a  hun- 
dred miles  from  us.  I  know  the  gentleman  from  the  proposed 
county  of  Natrona  is  not  here,  but  I  know  that  his  people  are 


CONSTITUTIONAL  CONVENTION. 

in  precisely  the  same  situation  that  we  were,  they  are  haying 
.an  experience  which  you  cannot  appreciate.  They  ha  ye  110  self 
government,  they  have  no  district  court,  they  have  nothing. 
They  are  living  under  a  justice  of  the  peace,  nothing  better.  I 
say,  gentlemen,  give  them  every  opportunity  in  the  world  to 
organize  new  counties — give  the  people  of  this  territory  a 
chance.  Converse  county  today  is  doing  very  nicely  on  an; 
assessed  valuation  of  but  little  over  two  million,  it  does  very 
well  indeed,  and  they  have  local  self  government,  and  we  take 
some  pride  in  it.  I  ask  you,  gentlemen,  to  put  this  as  low  as 
you  can,  and  give  the  newer  portions  a  chance.  I  think  two  is 
about  the  proper  amount. 

Mr.  CAMPBELL.  I  was  in  Fremont  county  at  the  time 
the  board  of  county  commissioners  made  their  assessed  valu- 
ation, and  it  was  $1,800,000.00.  Now  I  know  from  sad  experi- 
ence, because  I  received  one  of  them,  what  Fremont  county 
warrants  are  worth,  they  were  selling  at  ninety- three  and 
ninety-five  ,  and  that  on  an  aassessed  valuation  of  f  1,800,000. 
In  Converse  county,  with  an  -assessed  valuation,  as  T  under- 
stand, of  two  million,  will  the  gentleman  deny  that  today  they 
have  not  a  cent  to  put  up  a  bridge  across  a  creek  in  Converse 
county — no  funds  out  of  which  to  build  roads.  If  I  am  incor- 
rect I  hope  some  gentlemaan  will  correct  me.  Now  we  know 
in  Johnson  county  the  taking  off  of  Sheridan  county  paral- 
yzed that  county.  There  is  no  question  about  it.  In  answen 
to  my  friend  from  Sheridan,  it  is  well  known  that  the  county 
commissioners  have  not  done  their  duty  to  the  people  of  Sher- 
idan county  since  it  was  organized.  They  have  refused  to  call 
a  court.  There  was  a  person  in  jail  there  in  Sheridan  county 
awaiting  trial,  and  yet  the  county  commissioners  refused  to 
call  a  court,  and  refused  to  call  Judge  Saufly  to  try  this  man, 
and  I  say  it  was  not  until  a  threat  came  from  the  present 
judge  that  they  concluded  to  call  a  court  in  Sheridan  county; 
and  I  would  further  answer  the  gentleman  from  Sheridan 
that  they  have  no  public  buildings  there  whatever,  they  have 
no  court  house,  they  have  not  got  a  jail,  not  any  public  building 
whatever,  and  they  might  well  say  that  they  have  kept  their; 
expenses  down.  If  they  had  a  term  of  court,  or  put  up  a  court 
house  or  a  jail,  as  they  should,  which  is  not  really  anything 
but  a  log  cajbin,  there  is  no  telling  where  the  expenses  of 
Sheridan  county  would  come  to. 

.Mr.  MORGAN.  I  am  very  well  satisfied  that  an  assessed 
valuation  of  two  million  dollars  is  a  sufficient  amount  of  as- 
;!»]»'  property  to  provide  for  the  wants  of  a  new  county. 
Of  course  in  a  new  county  they  would  not  have  a  good  deal 
of  the  expenses  that  we  have  in  the  more  populous  and  more 
wealthy  counties.  It  is  a  question  for  the  people  themselves 
to  settle.  An  assessed  valuation  of  two  millions  at  three  per 
<-ent  would  be  sixty  thousand  dollars  per  annum,  dive  them 
local  self  government  and  if  they  don't  with  sixty  thousand 
dollars  build  a  court  hou^e  it  is  their  own  fault.  They  could 


PROCEEDINGS  AND  DEBATES.  30 r 

build  a  court  house,  and  if  they  don't  build  it  on  sixty  tliou* 
sand  dollars  they  can  do  like  other  counties,  they  can  go  and 
issue  bonds  and  build  it.  It  is  their  own  business.  I  believe 
in  the  organization  of  new  counties,  it  is  a  help  and  a  benefit 
for  the  territory  to  give  them  self  government. 

Mr.  COFFEEN.  Mr.  Chairman.  I  will  begin  by  meeting 
some  of  the  arguments  in  this  case.  There,  has  been  refer- 
ence made  to  the  warrants  of  our  county,  to  the  condition 
of  our  county  and  to  our  public  buildings,  and  I  fear,  gentle- 
men of  the  convention,  that  some  of  you  in  your  anxiety  to 
treat  this  question  fairly,  and  as  best  may  be  done,  might 
be  misled  by  these  things,  if  I  did  not  make  reply.  The  last 
warrant  that  I  disposed  of  I  obtained  ninety-five  for.  Our 
warrants  then  are  in  good  condition.  We  are  not  suffering 
on  that  score  in  any  manner  whatever.  That  is  a  sound  reply 
on  the  credit  of  the  county.  We  are  told  that  our  county- 
has  been  so  careless  in  that  she  has  refused  to  call  a  term 
of  court.  Let  me  tell  you,  my  friends,  that  it  is  a  matter  of. 
some  pride  to  me,  and  of  chagrin  to  some  of  you  by  contrast, 
that  Sheridan  county  at  the  time  I  left  there  had  no  criminal 
in  its  jail,  and  has  not  had  since  we  have  had  an  existence- 
as  a  county.  I  am  proud  of  the  fact.  There  have  been  two* 
persons  for  misdemeanor  incarcerated  in  the  jail.  Small  of- 
fences, for  a  few  days.  Then  again  the  statement  was  made 
tfhat  we  had  no  jail,  or  if  we  did  have  any  it  was  a  log  cabin. 
We  have  a  steel  lined  jail,  and  will  hold  every  criminal  of 
Laramie  county  that  ever  happens  to  get  behind  it.  It  is  one 
of  the  best  in  the  territory.  Since  I  came  away  I  think  there 
has  been  one  man  incarcerated,  or  he  has  given  bail,  and  we 
shall  therefore  need  a  term  of  the  district  court,  and  our 
commissioners  have  called  one  since  I  came  away.  Now,  I 
wish  to  make  an  argument  in  favor  of  the  organization  of 
new  counties.  Much  of  the  expense  to  which  large  counties 
are  placed  or  put  conies  from  the  fact  that  the  mileage  and 
the  seeking  after  criminals,  the  notification  of  witnesses  and 
all  those  things,  multiplies  the  expense  very  much,  while  im 
a  small  and  more  compact  community  a  great  deal  of  this 
expense  is  saved.  That  is  one  source  of  economy,  and  I  want 
it  understood  that  it  is  an  argument  in  favor  of  the  formation 
of  new  counties,  and  taking  it  all  in  all  lessens  the  expense. 
Some  say  that  it  multiplies  the  officials,  that  it  requires  two 
set$  instea'd  of  one,  but  I  say  by  what  you  can  save  in  the 
way  I  have  just  mentioned,  you  can  almost  pay  the  compen- 
sation of  our  officials.  I  think  that  you  will  make  a  great 
mistake  in  this  convention,  if  you  bind  them  hand  and  foot, 
as  it  will,  by  a  too  high  assessed  valuation  being  required,  be- 
fore they  can  organize  a  new  county,  and  a  too  high  popula- 
tion. I  should  nuich  prefer  to  see  it  as  low  as  a  million  and 
a  half,  and  I  would  much  prefer  to  have  the  requisite  popula- 
tion cut  down  to  one  thousand.  Why  two  per  cent  on  two 
million  will  be  forty  thousand  dollars,  and  in  our  own  county. 


302  CONSTITUTIONAL  CONVENTION. 

we  have  a  good  deal  less  than  that  to  conduct  our  own  affairs. 
AYt!  to-day,  here  as  a  convention,  are  considering  whether  or 
not  we  i-amiot  reduce  the  salaries  and  fees  on  which  we  can 
run  an  economical  state  administration,  and  we  must  do  it, 
and  we  must  go  before  congress  with  that  in  view,  as  well 
.as  the  people,  for  they  will  consider  it.  We  must  provide 
for  this,  if  we  expect  to  go  before  the  people  for  ratification; 
and  expect  them  to  take  favorable  action  upon  this  constitu- 
tion. All  the  arguments  that  wrill  be  made  in  faVor  of  our 
admission  as  a  state  in  the  house  of  congress,  are  the  very 
arguments  that  I  would  offer  you  in  behalf  of  the  organiza- 
tion of  new  counties. 

Mr.  HAY.  I  would  like  to  ask  Mr.  Coffeen  what  was  the! 
last  levy  of  taxes  in  Sheridan  county. 

Mr.  COFFEES.    I  do  not  know  the  figures  exactly,  but  I 
think  last  year  the  levy  was  two  or  three  per  cent.     I  ran 
over  it  very  hastily,  but  I  think  excluding  school  taxes  and 
territorial  taxes,  that  it  was  less  than  two  per  cent. 

Mr.  HAY.  I  cannot  see  any  reason  why  this  amount 
should  be  raised.  It  seems  to  me  thajt  the  levy  in  a  new 
county  of  three  or  even  four  would  not  be  excessive.  Most 
of  us  have  had  to  stand  it  here  for  twenty  years,  and  stood 
it  pretty  well,  and  it  won't  take  as  much  to  run  a  county  as 
it  did  in  the  past  for  we  hope  to  cut  the  salaries  of  these 
county  officials  in  this  constitution.  I  don't  see  any  reason 
why  we  should  raise  this  above  two  million. 

Mr.  FRANK.  Crook  county  has  been  organized  for  about 
three  years  and  the  assessed  valuation  this  year  is  only  two 
million  and  a  quarter,  and  we  find  ourselves  in  debt  in  the  sum 
of  $70,000  to-day,  and  if  our  county  is  divided  at  all  it  will  not 
enrich  the  one  part  at  all,  but  will  make  us  still  poorer  indeed. 
I  am  in  favor  of  leaving  the  limit  at  least  two  million  and  a 
half. 

Mr.  ELLIOTT.  It  will  be  remembered  perhaps  by  some  of 
the  members  of  this  body  that  to  the  last  legislature  I  made  an 
appeal  on  behalf  of  the  people  of  Johnson  county.  The  gentle- 
man who  sits  on  my  left  was  a  member  of  that  body.  It  was 
proposed  to  divide  that  county  at  that  time.  1  allude  to  the 
portion  that  was  proposed  to  be  left,  and  I  assure  you  that  we' 
wore  left.  My  appeal  was  made  upon  the  ground  that  the  peo- 
ple of  the  old  county  had  some  rights  which  the  legislature  was 
bound  to  respect,  and  the  result  to  our  county  ha,s  shown  that 
my  appeal  was  a  good  one.  They  left  us  as  we  estimate  it,  with 
two  millions  of  taxable  property;  the  property  has  decreased 
since  that  time,  but  even  with  that  two  millions  of  taxable 
property  I  may  say  that  our  condition  has  really  been  pitable. 
There  has  been  time  after  time  when  the  banks  have  refused 
to  receive  our  warrants  for  any  sum  whatever.  Nearly  every' 
public  improvement  has  been  stopped.  The  building  of  bridges, 
absolutely  necessary  in  the  spring,  have;  been  required  to  be 
paid  for  in  advance;  roads  needing  repairing  have  gone  with- 


PROCEEDINGS  AND  DEBATES.  303 

out  repairing.  Our  taxes  have  been  put  up  to  the  highest  pos- 
sible notch  today,  and  at  the  last  election  we  were  obliged  to 
come  together  as  a  people,  without  consideration  of  party,  and 
get  two  of  our  business  men,  who  did  not  wish  to  hold  office, 
to  take  hold  of  the  affairs  of  our  county  in  order  that  we  might, 
If  possible,  put  ourselves  in  a  position  where  we  could  again  be 
self  supporting.  I  am  not  opposed  to  the  organization  of  new 
counties,  but  this  thing  of  taking  a  new  county  starting  off 
without  any  expense,being  taken  as  a  criterion  as  to  what  the 
valuation  should  be,  is  to  my  mind  a  mistake.  Now  the  county 
of  Sheridan  has  been  referred  to.  The  county  of  Sheridan  has 
done  remarkably  well.  But  I  will  call  the  attention  of  the 
gentleman  from  Sheridan  to  the  fact  that  that  portion  of  old 
Johnson  county  was  amply  supplied  with  roads  and  bridges; 
every  foot  of  roads  and  bridges  that  Sheridan  county  now  boasts 
was  done  by  the  old  county  of  Johnson.  Two-thirds  of  the  work 
that  was  done  in  the  old  county  was  done  in  what  is  now  In- 
cluded in  the  limits  of  Sheridan  county.  And  so  far  as  that 
matter  is  concerned  it  has  had  no  work  to  do.  It  has  also  been 
stated  that  they  have  had  no  term  of  court,  that  they  needed 
no  term  of  court.  Tt  is  true  that  they  have  had  but  little  crime 
to  necessitate  the  holding  of  a  term  of  court,  but  I  will  call 
the  attention  of  the  e'entleman  to  the  fact  that  shortly  after 
the  organization  of  that  county,  when  the  election  was  still  in 
doubt,  there  was  a  murder  committed  in  the  town  of  Dayton. 
I  had  that  man  indicted  in  the  Johnson  county  court;  the  of- 
fense took  place  in  the  county  of  Sheridan,  and  up  to  the  pres- 
ent time  they  have  held  no  term  of  the  court  to  try  that  man. 
When  Sheridan  county  shall  have  had  a  little  more  crime,  has 
had  a  few  terms  of  court,  I  think  it  may  be  that  the  gentleman 
will  not  think  that  two  millions  is  sufficient  to  run  a  county 
on.  I  believe  with  the  gentleman  from  Laramie  that  two  mil- 
lions and  a  half  assessable  property  is  the  very  least,  and  I 
should  like  to  see  it  higher. 

Mr.  BUERITT.  I  would  like  to  ask  the  gentleman  from 
Sheridan  how  they  manage  to  levy  for  county  purposes  such  a 
tax  as  he  informed  Mr.  Hay,  when  the  laws  of  Wyoming  restrict 
the  levy  for  all  purposes,  county  and  territorial,  to  sixteen  mills 
on  the  dollar. 

Mr.  CHAIRMAN.    That  is  hardly  to  the  question. 

Mr.  CAMPBELL.  I  will  simply  state  in  reference  to  what 
I  said  about  Sheridan  county  was  based  upon  what  Judge! 
Saufley  told  me;  that  there  was  business  in  Sheridan  county, 
but  that  the  county  commissioners  had  refused  to  call  a  term 
of  court,  and  that  he  had  notified  them  that  unless  they  did 
ca^ll  a  term  of  court  to  try  civil  and  criminal  cases,  that  he; 
would  go  up  to  Sheridan  county  himself  in  July.  There  is  an- 
other thins  we  should  consider,  Mr.  President,  in  relation  to 
the  creation  of  new  counties,  and  that  is  the  fact  that  in  a 
county  they  may  suddenly  come  into  a  large  amount  of 
taxable  property,  and  the  people  want  to  organize  a  new  coun- 


304 


CONSTITUTIONAL  CONVENTION 


ty.  Take  the  county  of  Crook  for  instance,  they  have  a  large- 
bed  of  coal,  the  value  of  taxable  property  increases,  they  or- 
ganize a  new  county.  Suppose  that  the  coal  should  play  out, 
as  it  did  on  the  Oregon  Short  Line,  and  after  the  coal  is  gone; 
it  is  no  good  whatever,  and  the  people  all  go  away  and  there  is 
no  population  or  taxable  property,  what  is  to  become  of  that 
county,  with  all  the  expenses,  all  the  taxation  caused  by  rea- 
son of  the  creation  of  a  new  county.  I  will  say  to  the  conven- 
tion  that  1  am  not  in  favor  of  three  millions,  I  think  two  mil- 
lions is  a  very  conservative  amount  to  place  in  this  constitution. 

Mr.  HARVEY.  We  are  on  the  supposition  that  Wyoming- 
is  going  to  be  a  great  state,  that  she  is  going  to  develop.  If  she 
is  not  we  had  better  go  home  today.  I  submit  to  this  convention 
that  if  Wyoming,  unless  qvery  county  in  the  territory  is  going 
to  proceed  to  develop  immediately,  there  is  no  occasion  for  a, 
constitutional  convention.  If  any  of  you  gentlemen  think  that 
any  county  organized  in  this  territory  is  going  to  depreciate  in 
value,  that  its  taxable  property  is  going  to  diminish,  then  we 
had  better  «o  home.  I  say  to  3-011  <rive  these  new  sections  at 
chance,  two  millions  is  enough  for  a  new  county.  It  is  not  suf- 
ficent  to  build  a  magnificent  court  house,  Converse  county  has 
none,  and  don't  wrant  one.  We  are  content  to  have  local  self 
government,  to  have  a  district  court  to  appeal  to,  to  be  relieved 
from  the  dominion  of  a  justice  of  the  peace.  We  can  get  along 
without  a  court  house,  and  such  expenses  as  those.  We  came 
into  this  country  to  work,  to  help  her  develop,  and  become  a) 
great  state,  Ave  have  labored  just  as  much,  just  as  hard  and; 
earnestly  as  any  of  you,  but  I  say  to  you  give  us  a  chance,  don't 
put  us  at  work  in  the  harness  and -keep  us  there  because  un- 
fortunately we  are  not  wealthy,  but  give  us  a  chance  to  become 
wealthy.  I  plead  for  the  sections  that  need  protection,  that 
need  development:  this  county  is  perhaps  developed,  but  Wyo- 
ming is  not  developed.  Give  the  newer  portions  a  chance.  Two 
millions  is  a  small  amount,  but  I  say  it  is  enough  to  run  a  new 
county  with,  and  they  ought  to  be  allowed  to  attempt  it. 

3tfr.  COFFEEX.  *  I  will  confine,  myself  to  the  things  that 
have  been  stated.  I  said  somelhing  about  the  levy  in  our  coun- 
ty being  less  than  two  per  cent,  that  it  did  not  exceed  two  pefr 
cent,  and  if  the  levy  is  limited  to  sixteen,  my  conviction  is  thatt 
Sheridan  county  will  abide  by  the  law  as  faithfully  as  any  other 
county  in  the  state.  In  reply  to  my  friend  from  Johnson  county 
who  has  engaged  most  heartily  in  that  hard  battle  that  hn(s 
been  fought  between  the  new  county  and  the  old  for  so  long, 
I  will  say  in  reply  to  him  about  what  he  calls  a  cold  blooded 
murder.  While*  we  were  yet  in  the  old  county  of  Johnson  there 
was  a  death  one  day  at  Dayton,  and  which  is  called  a  cold 
blooded  murder.  But  so  far  from  being  a  cold  blooded  murder, 
my  conviction  is  that  it  was  one  of  those  cases  where  the  wel- 
fare of  the  best  citizens  of  the  territory  seemed  to  demand  Ihe 
tn!:h>;:  of  things  in  their  own  hands,  and  to  rid  themselves  of 
a  man  who  was  threatening  the  peace  and  welfare  and  safety 


PROCEEDINGS  ANT)   DEBATES. 


305 


of  the  town,  and  it  was  only  in  self  defemse.  I  know  the  parties 
well,  but  of  course  that  is  only  a  difference  of  opinion.  As  to 
what  the  gentleman  from  Laramie  has  said  about  our  not  hav- 
ing any  courts,  I  cannot  say  what  his  information  was, 
but  all  I  can  do  here  is  to  come  before  you  a<nd  state  as  one  of 
your  fellow  citizens  that  I  do  not  know  of  any  criminal  needing 
trial  in  Sheridan  county  from  the,  date  of  our  organization  to 
the  time  I  started  for  this  convention,  that  is  all  I  can  say,  and 
I  think  the  gentleman  was  misinformed,  and  I  trust  his  infor- 
mation shall  not  lead  you  into  any  error. 

Mr.  FRANK.  I  agree  with  the  gentleman  from  Converse 
that  two  millions  assessed  valuation  is  enough  for  a  new  county 
but  how  is  it  going  to  leave  the  old  county.  Two  millions  is 
not  enough  to  leave  for  the  old  county  with  perhaps  an  indebt- 
edness of  a  large  amount.  We  have  to  take  those  things  into 
consideration.  While  this  may  be  enough  to  start  a  new  county 
it  is  not  enough  to  leave  the  old. 

Mr.  CHAIRMAN.  The  question  is  on  the  amendment  to 
the  amendment;  to  strike  out  "two"  and  insert  "three;"  are  you 
(ready  for  the  question?  All  in  favor  of  the  motion  will  say  aye; 
contrary  no;  the  noes  have  it;  the  amendment  is  lost.  The 
question  is  now  on  the  amendment  offered  by  the  gentleman, 
from  Laramie,  to  insert  after  the  word  "millions"  the  words 
"five  hundred  thousand;"  all  in  favor  of  the  motion  will  say: 
aye;  contrary  no;  the  noes  have  it;  the  motion  is  lost.  The 
question  now  recurs  on  the  original  section  fixing  the  amount 
at  two  millions;  are  you  ready  for  the  question?  All  in  favor  of 
the  motion  will  say  aye ;  contrary  no ;  the  ayes  ha ve  it ;  it  is  sol 
ordered. 

Mr.  IRVINE.  I  desire  to  amend  Sec.  2  in  the  sixth  line,  by 
striking  out  the  words  "an  equal  or  greater"  and  inserting  the, 
words  "of  at  least  three  million  of  dollars  of  assessable  valuai- 
tiou." 

Mr.  CHAIRMAN.  Gentlemen,  you  have  heard  the  motion; 
are  you  ready  for  the  question?  All  in  favor  of  the  amendment 
will  say  aye ;  contrary  no ;  the  ayes  have  it ;  it  is  so  amended. 

Mr.'  POTTER.  I  have  an  amendment  to  offer  to  Sec.  2.  "No 
county  shall  be  divided  unless  a  majority  of  the  qualified  elec- 
tors of  the  territory  proposed  to  be  cut  off,  voting  on  the  propos- 
ition, shall  vote  in  favor  of  the  division." 

Mr.  COFFEE N.  I  dislike  to  find  myself  so  thoroughly  in  op- 
position to  the  honorable  gentleman  and  delegate  from  Lara- 
niie  county,  but  that  is  a  question  that  the  legislature  can  pro- 
vide for  better  than  we  can  here.  There  is  not  the  slightest 
danger  that  any  new  county  will  be  cut  off  if  the  majority 
within  It  are  not  in  favor  of  it.  There  is  no  danger  on  that 
score.  Let  us  not  limit  the  legislative  power  in  that  respect, 
but  leave  our  legislature  free  to  act  on  that  point, 

Mr.  CAMPBELL.  The  great  danger  of  leaving  a  question  of 
this  kind  to  the  legislature  is  simply  this.  Here  we  have  a  l^g- 
islature,  some  members  of  whom  are  likely  to  want  a  special 

20  — 


3o6  CONSTITUTIONAL  CONVENTION. 

piece  of  legislation  passed  by  the  legislature.  Here  is  some 
person  who  is  opposed  to  this  particular  piece  of  legislation, 
and  they  want  a  new  county  organization,  and  that  by  a  little 
urging  they  can  get  the  legislature  to  remedy  this  matter  of 
the  organization  of  counties,  and  on  the  petition  of  two  or 
three  hundred  taxpayers  within  that  county,  a  new  county 
shall  be  be  formed.  Now  this  w?ill  take  ajway  the  temptation 
and  the  power  to  do  anything  of  that  kind.  Tinder  the  laws 
of  this  territory,  the  legislature  has  provided  that  when  three 
hundred  taxpayers  in  the  county  petition  the  governor  that 
thereupon  the  governor  shall  organize  the  new  county.  Take 
it  in  relation  to  our  laws  governing  municipal  corporations, 
It  is  a  most  infamous  piece  of  legislation,  putting  it  in  the 
power  of  thirty  citizens  to  organize  a  municipal  corporation 
when  there  may  be  two  thousand  in  that  municipal  corporation; 
who  don't  want  one.  Now,  I  say  that  it  is  only  fair  that  the 
persons  living  in  the  territory  to  be  cut  off  should  have  the 
right  of  deciding  whether  they  shall  assume  this  burden,  and 
not  leave  it  absolutely  within  the  power  of  any  minority  to 
do  it.  It  is  a  good  old  democratic  doctrine  that  the  majority 
should  rule.  In  any  event,  take  away  from  the  legislature  the 
power  to  allow  the  minority  to  put  the  burden  upon  the  ma- 
jority when  they  don't  want  to  assume  it. 

Mr.  BROWN.  I  am  not  opposed  to  the  proposition  stated  in 
this  amendment,  ibut  I  believe  that  it  is  a  matter  that  can 
be  most  wisely  left  to  the  control  of  the  legislature.  Whajt- 
ever  it  may  be  necessary  for  them  to  do  in  establishing  new 
counties,  they  can  best  judge  when  the  time  comes  for  the? 
establishment  of  them,  and  if  in  their  wisdom  it  should  seem 
best  to  provide  that  the  people  of  the  county  should  vote  upon 
that  question  before  a  new  one  can  be  organized,  then  I  think 
we  can  trust  to  them  to  determine  howr  and  in  what  manner 
that  shall  be  done.  We  start  out  here  by  fixing  a  limit  upon 
the  legislature.  A  great  deal  has  been  said  about  the  amount 
of  money,  the  valuation  of  the  taxable  property  of  the  new 
county,  and  in  the  old  county.  We  don't  propose  to  provide 
by  the  terms  of  this  constitution  that  a  greater  amount  shall 
not  be  required  by  the  legislature,  we  simply  say  that  a  less 
amount  shall  not  be — that  is  all.  So  plaice  that  limitation 
upon  their  action,  and  wre  say  here  that  a  new  county  shall 
have  two  millions  of  taxable  property,  (but  the  legislature  in 
its  wisdom  under  this  very  part  of  the  constitution,  may  fix 
it  at  three  or  four  millions.  They  are  not  limited  in  that  direc- 
tion. We  only  say  that  it  shall  not  be  less.  We  start  out  in 
this  section  two  by  saying  that  the  "legislature  shall  provide 
by  general  law  for  organizing  new  county  seats,  changing 
county  lines,  etc/'  We  start  out  in  this  section  that  the  leg- 
islature shall  do  something,  and  before  we  get  through  with 
all  these  amendments,  if  they  are  adopted,  we  will  settle  the 
whole  question  ourselves,  and  leave  nothing  to  the  legislature 
whatever.  I  believe  in  the  legislatures  of  Wyoming,  and  I 


PROCEEDINGS  AND  DEBATES.  307 

say  to  the  gentlemen  here  that  when  the  legislature  provided 
that  a  lew  men  could  establish  a  county  by  petition,  it  was 
wise  legislation  and  the  history  of  our  territory  proves  it.  I 
remember  a  few  years  ago  that  the  people  of  Johnson  county 
undertook  to  form  a  new  county  and  they  had  very  hard  work 
to  get  the  necessary  number  of  petitioners  under  that  law. 
I  have  no  word  of  disparagement  to  say  of  Johnson  county. 
I  believe  she  is  doing  well,  and  I  know  that  Sheridan  count r 
is  doing  well. 

Mr.  HARVEY.  We  in  Converse  county  have  been  recently 
taken  out  of  the  woods  and  that  explains  our  sympathy  for 
those  who  are  at  present  in  the  woods,  and  may  want  to  come 
in.  I  merely  wish  to  put  this  question  to  you  fairly.  Does 
any  man  think  that  any  new  county  would  be  organized  if 
the  old  county  has  to  consent?  How  many  would  be  organ- 
ized in  the  next  ten  years?  How  many  will  cut  down  their 
taxable  property,  and  increase  their  taxes  for  the  benefit  of 
somebody  in  the  other  end  of  the  county?  It  is  not  human 
nature.  Gentlemen,  make  it  possible  to  organize  new  counties. 

Mr.  POTTER.  The  strongest  objection  to  this  section 
seems  to  be  that  we  will  never  have  any  new  counties.  Now 
that  is  not  history.  History  does  not  teach  it.  Kansas  has 
precisely  this  same  provision.  North  Dakota  has  it;  Illinois 
has  precisely  the  same  thing  in  its  constitution.  I  think  that 
you  will  iind  that  the  majority  of  states  west  of  the  Mississippi 
river  have  precisely  this  same)  provision  in  them. 

Mr.  CH AIRMAN.  The  question  is  on  the  amendment  as 
offered  by  Mr.  Potter.  All  in  favor  of  the  motion  will  sa{y 
aye;  contrary,  no;  the  chair  is  in  doubt.  All  in  favor  of  the 
motion  will  rise — 19,  Mr.  Chairman.  Those  opposed,  no — 18, 
Mr.  Chairman.  The  motion  is*  lost. 

Mr.  BURDICK.  Is  not  every  member  obliged  to  vote?  T 
call  for  Mr.  Ferris'  vote. 

Mr.  TESCHEMACHER.  I  think  a  member  is  not  required 
to  vote  in  committee  of  the  whole,  that  rule  applies  in  conven- 
tion. 

Mr.  POTTER,  The  chair  incorrectly  announced  the  result 
of  the  vote.  I  appeal  from  the  decision  of  the  chair  that  the 
motion  was  lost. 

Mr.  CHAIRMAN.  The  question  is  on  the  appeal;  shall  the 
decision  of  the  chair  be  sustained?  All  in  favor  of  the  motion 
will  say  aye;  contrary  no;  the  chair  is  in  doubt;  all  in  favor  of 
the  decision  of  the  chair  being  sustained  will  rise  alnd  stand 
until  counted — 20;  those  opposed — 18;  the  decision  of  the  chair 
is  sustained. 

Mr.  RINER,  I  move  this  committee  now  rise  and  report. 
All  in  favor  of  the  motion  will  say  aye;  contrary  no;  the  ayes 
have  it;  the  committee  will  rise  and  report, 

(Report  of  committee  of  the  whole.) 

Mr.  RINER.    I  move  the  report  be  adopted. 

Mr.  PRESIDENT.    All  in  favor  of  the  motion  will  say  aye; 


308  CONSTITUTIONAL  CONVENTION. 

contrary  no;  the  ayes  have  it;  the  report  of  the  committee  is 
adopted. 

Mr.  JOHNSTON.  I  move  we  adjourn  until  9  o'clock  tomor- 
row morning. 

Mr.  1 'RESIDENT.  All  in  favor  of  the  motion  will  say  aye; 
contrary  no;  the  ayes  have  it;  the  convention  will  adjourn  until 
0  o'clock  tomorrow  morning. 


ELEVENTH  DAY. 
MORNING  SESSION. 

Friday,  Sept.  13,  1889. 

Mr.  PRESIDENT.    The  convention  will  come  to  order. 

Roll  call.    Thirty-two  members  present. 

Reading  of  the  journal. 
Reports  of  standing  committees. 

Presentation  of  propositions. 

Mr.  CAMPBELL.  Before  any  further  business  is  taken  up 
I  desire  to  move  that  the  report  of  suffrage  be  made  special 
order  for  Tuesday  morning  of  next  week. 

Mr.  PRESIDENT.  Gentlemen,  you  have  heard  the  motion 
that  the  report  on  suffrage  be  made  special  order  for  Tuesday 
morniiijr  of  next  week;  are  you  ready  for  the  question;  all  in 
favor  of  the  motion  will  say  aye;  contrary  no;  the  ayes  have  it; 
the  motion  prevails. 

Mr.  RINER.  I  move  we  now  go  into  committee  of  the  whole 
for  consideration  of  the  general  file. 

Mr.  PRESIDENT.  Gentlemen,  you  have  heard  the  motion; 
are  you  ready  for  the  question?  All  in  favor  of  the  motion  will 
say  aye;  contrary  no;  thei  ayes  have  it;  the  motion  prevails. 
Will  Mr.  Riner  of  Laramie  take  the  chair? 

Mr.  CHAIRMAN.  Gentlemen  of  the  committee,  the  first 
matter  on  the  general  file  for  consideration  is  the  substitute 
for  Files  19  and  22.  When  the  committee  arose  we  were  con- 
sidering Mr.  Potter's  amendment. 

Mr.  JEFFREY.    I  move  the  amendment  be  adopted. 

Mr.  COFFEEN.    I  call  for  the  reading  of  the  amendment. 

Mr.  CHAIRMAN.  The  amendment  reads  as  follows:  "No 
county  shall  be  divided  unless  a  majority  of  the  qualified  elec- 
tors of  the  territory  proposed  to  be  cut  off  voting  on  the  propo- 
sition shall  vote  in  favor  of  the  division." 

Mr.  COFFEEN.  My  only  objection  to  this  proposition  is 
that  it  fixes  and  limits  the  manner  of  holding  any  election  to 
determine  that  question,  instead  of  leaving  it  to  the  legislature 
to  determine  by  petition  for  election  or  in  such  other  manner 
as  they  may  deem  wise  to  fix.  I  have  no  objection  to  the  prin- 


PROCEEDINGS  AND  DEBATES.  .509 

ciple.  I  oppose  the  division  of  counties  unless  the  majority 
therein  in  the  detached  portion  were  favorable.  I  would  rather 
leave  the  legislature  free. 

Mr.  POTTER  Just  a  word.  We  have  provided  for  the  se- 
crecy of  the  ballot,  and  probably  this  convention  will  adopt 
such  a  provision  in  our  article  on  elections.  Now  the  circula- 
tion of  a  petition,  if  the  legislature  chooses  to  provide  that 
method  of  ascertaining  the  feelings  of  the  citizens  concerning 
the  desire  to  organize  a  new  county  is  not  secret  People  ajre 
always  influenced  by  whether  a  certain  man  signs  or  not.  A 
man  might  by  reason  of  that  very  fact  be  influenced  to  do  that 
which  he  does  not  want  to  do.  I  think  there  should  be  the 
same  secrecy  provided  in  that  respect  as  in  any  other,  so  the 
legislature  can  provide  that  the  method  shall  be  a  private  one, 
so  that  the  will  of  the  majority  may  not  be  overcome  by  a  peti- 
tion which  is  circulated  perhaps  by  a  few  influential  citizens, 
and  in  some  instances  not  get  the  exact  will  of  the  majority. 

Mr.  CHAIRMAN.  The  question  is  on  the  amendment  offer- 
ed by  the  gentleman  from  Laramie;  all  in  favor  of  the  motion 
will  say  aye;  contrary  no;  the  ayes  have  it;  the  amendment  is 
adopted.  Sec.  3.  Any  amendments  to  Sec.  3. 

Mr.  1*  ARROW.  I  desire  to  offer  an  amendment  to  Sec.  3. 
"No  county  seat  shall  be  removed  unless  three-fifths  of  the 
qualified  electors  of  the  county  voting  on  the  proposition  at  the 
general  election  shall  vote  in  favor  of  such  removal,  and  a  vote 
of  three-fifths  shall  be  required  to  locate  the  county  seat."  A 
proposition  of  removal  shall  not  be  submitted  to  the  same 
county  more  than  once  in  four  years."  I  don't  think  any  argu- 
ment is  necessary  in  behalf  of  this  amendment.  It  is  substan- 
tially the  same  thing  as  is  found  in  one-half  or  two-thirds  of  the 
constitutions  of  the  states,  and  I  think  carries  its  own  argu- 
ment with  it.  The  provision  that  the  county  seat  shall  not  be 
changed  more  than  once  in  four  years  will  prevent  a  great  deal 
of  difficulty,  and  certainly  a  vote  of  three-fifths  of  the  electors 
living  in  the  county  should  be  required  to  change  the  county 
seat. 

Mr.  CHAIRMAN.  The  question  is  on  the  amendment;  all 
in  favor  of  the  amendment  will  say  aye;  contrary  no;the  chair 
is  in  doubt;  all  in  favor  of  the  proposed,  amendment  will  rise 
and  stand  until  counted — 16.  Those  opposed  will  rise — 19.  The 
amendment  is  lost. 

Mr.  COFFEEN.  Mr.  Chairman,  I  wish,  if  I  may  be  permit- 
ted, to  call  attention  to  one  difficulty  we  are  in  by  reason  of 
the  provisions  so  far  made.  So  far  as  we  have  gone  in  fixing 
these  things,  no  new  county  can  be  formed,  nor  any  portion  de- 
tached from  any  existing  county,  without  the  detached  portion 
or  the  new  county  shall  have  an  assessed  valuation  of  two  mil- 
lions of  dollars,  and  the  county  from  which  it  is  taken  shall 
have  an  assessed  valuation  of  three  millions  of  dollars.  Now 
Sheridan  county  has  an  almost  impassible  range  of  mountains 
running-  through  it,  so  that  on  the  east  side  of  the  Big  Horn 


3io 


CONSTITUTIONAL  CONVENTION. 


range,  in  the  basin,  there  is  a  small  portion  of  our  county  that 
is  entirely  cut  off  from  us  by  all  reasonable  means  of  access 
and  communication,  a  small  portion  that  I  believe  nine-tenths 
of  our  people  would  be  very  glad  to  let  go  into  the  organization 
of  a  new  county,  for  their  benefit  and  ours,  and  as  you  have 
fixed  it  we  cannot  let  them  go.  It  would  be  for  their  interest 
and  ours,  and  the  people  in  general  demand  that  there  ought 
to  be  some  way  in  which  that  portion  there  in  the  basin  can 
be  detached,  and  permitted  to  organize  a  new  county  in  some 
way  or  other,  but  as  we  stand  now  it  cannot  be  done  unless  we 
shall  have  on  the  east  side  three  millions  of  property,  wrhich  we 
may  not  have  for  a  long  time  to  come. 

Mr.  TESCHEMACHER.  Is  the  gentleman  talking  to  any 
question  ? 

Mr.  RIXER.  There  is  no  question  before  the  house.  The 
gentleman  is  talking  only  by  suffrance  of  the  committee.  Sec- 
tion 4. 

Mr.  BURRITT.  As  a  part  of  that  section,  in  connection, 
I  dessire  to  ask  that  the  clerk  read  Sec.  5. 

Mr.  FOX.  I  suggest  that  the  secretary  also  read  Sees.  0 
and  7,  and  also  the  minority  report  on  w7hich  I  wish  to  make  a 
motion.  I  move  the  adoption  of  the  minority  report  in  lieu  of 
Sees.  4,  5,  6  and  7,  subject  to  amendment  or  substitution.  I 
don't  approve  in  the  first  place  of  the  majority  report  for  sev- 
eral reasons,  the  main  one  is  the  ejection  of  our  board  of  county 
commissioners.  By  the  adoption  of  the  majority  report,  it 
seems  to  me  would  lead  to  endless  confusion.  There  would  be 
one  county  in  the  state  having  a  system  of  government  by  the 
chairman  of  the  several  township  boards  and  the  others  would 
have  a  board  of  county  commissioners.  Now  it  seems  to  me 
what  the  state  desires  is  a  general  law  in  regard  to  county 
organization,  so  that  all  the  affairs  of  the  county  can  pass 
through  the  same  channels,  and  under  the  same  law.  If  we 
should  substitute  the  minority  report  the  matter  would  be  left 
entirely  with  the  legislature  to  make  such  laws  as  they  may 
deem  necessary.  If  the  legislature  saw  fit  to  adopt  the  plan! 
proposed  by  the  majority  report,  there  is  nothing  to  prevent  it, 
provided  they  make  it  general  for  all  the  counties,  and  it  would 
leave  the  subject  in  such  a  shape  as  we  could  understand  it. 

Mr.  BUKRITT.  In  behalf  of  the  majority  of  the  committee 
I  desire  to  obviate  just  on  what  very  point  that  the  majority  re- 
port is  drawn,  and  that  the  minority  report  is  not  approved  by 
us.  The  minority  report  makes  compulsory  for  the  legislature 
when  it  does  provide  for  township  organization  that  every 
county  in  the  territory  shall  organize  into  townships,  and  that 
is  just  the  thing  that  we  want  to  prevent.  We  cannot  afford 
thnt.  The  territory  is  so  large  and  the  counties  are  so  diverse 
in  their  conditions  and  also  hi  their  settlement  that  what  would 
be  advisable  for  one  county,  for  one  portion  of  the  territory, 
would  not  be  for  the  other.  In  our  own  county  we  have  serious- 
ly consider* M!  tin*  subject  of  a  district  or  township  organization, 


PROCEEDINGS  AND  DEBATES. 


31* 


but  we  are  well  aware  that  the  same  rule  applied  to  Crook 
county  for  instance  would  not  work  at  all.  It  might  not  work 
with  us,  I  do  not  know,  but  we  want  to  have  the  opportunity 
to  try  it,  if  we  wish  to.  So  far  as  a  government  by  the  chair- 
man of  the  township  boards  is  concerned  interferring  as  sug- 
gested by  the  gentleman  from  Albany  with  the  matter  of  thq 
state  board  of  eqnilization,  there  would  be  no  difficulty  what- 
ever in  that,  as  the  first  thing  the  chairman  of  the  township 
boards  would  do  when  they  got  together  would  be  to  elect  a 
chairman  from  their  number  who  will  be  their  representative 
before  the  state  board  of  equilization.  Now  my  own  opinion  is 
that  this  majority  report,  or  these  three  sections  here  in  the 
majority  report,,  will  not  be  called  into  operation  for  several 
years.  It  may  be  that  it  will  never  be)  called  into  operation, 
but  there  may  be  some  portions  of  this  territory  where  it  might 
be  desirable  to  divide  that  county  for  the  purpose  of  township 
organization. 

Mr.  HARVEY.  It  seems  to  me  that  the  majority  report  is 
altogether  too  unsettled.  It  says  if  the  people  don't  want  this, 
they  can  have  the  other.  It  seems  to  me  that  it  is  fixed  that 
nothing  should  be  incorporated  in  the  constitution  that  has  not 
been  definitely  determined  upon  as  something  fundamental. 
This  leaves  it  "too  indefinite.  I  shall  therefore  favor  the  mi- 
nority report.  Leave  it  to  the  legislature. 

Mr.  CAMPBELL.  I  was  not  at  the  committee  meeting 
when  this  report  was  made  up  and  these  matters  were  consider- 
ed, and  I  signed  the  minority  report  after  it  was  made  up.  I 
have  not  had  'time  to  examine  into  the  matter  at  any  length, 
and  I  signed  this  minority  report  simply  because  I  believe  with 
the  gentleman  from  Converse  that  it  is  .better  to  leave  it 
to  the  legislature  as  to  how- these  townships  shall  be  organized. 
I  am  willing  to  trust  it  to  the  legislature,  believing  they  will 
do  what  is  right  and  proper  when  the  time  comes. 

Mr.  BROWN.  I  have  a  substitute  to  offer  for  Sees.  4,  5  and 
6  of  the  majority  report,  and  of  the  matter  reported  by  the 
minority  committee,  "The  legislature  shall  provide  by  general 
law  for  a  system  of  township  organization  and  government, 
which  may  'be  adopted  by  any  county,  whenever  a  majority 
of  the  citizens  thereof  voting  at  a  general  election  shall  so 
determine." 

Mr.  CAMPBELL.  I  don't  quite  understand  that  amend- 
ment. If  the  county  should  vote  for  the  township  organiza- 
tion, then  each  township  must  be  forced  to  adopt  it,  whether 
they  can  afford  it  or  not.  Would  not  that  be  the  effect  of 
this  amendment.  Suppose  for  instance  a  county  where  two 
or  three  districts  were  pretty  well  populated,  and  could  afford 
township  organization.  Suppose  the  county  should  vote  in 
favor  of  township  organization,  would  not  this  amendment 
compel  all  the  other  districts  to  adopt  township  organization 
whether  they  could  afford  it  or  not? 

Mr.  BROWN.    My  impression  is  that  it  leaves  the  whole 


312  CONSTITUTIONAL  CONVENTION. 

matter  in  the  hands  of  the  legislature,  where  in  my  judgment 
the  matter  properly  belongs.  We  cannot  undertake  here  to 
cover  all  the  questions  that  may  arise  in  the  future  state  ot 
Wyoming,  but  we  can  incorporate  soniei  general  principles 
which  will  guide  the  legislature  in  their  action.  Now  if  the 
question  suggested  by  the  gentleman  from  Laramie  should 
arise  under  that  provision,  as  I  understand  it,  it  would  leave 
the  whole  matter  for  the  legislature  to  govern  and  control  as 
they  please.  If  it  does  leave  it  in  that  shhape  it  is  what  we 
want.  If  it  noes  not,  there  .may  be  objection  to  it.  It  was  the 
intention  to  put  the  matter  where  the  legislature  should  con- 
trol it  fully  and  entirely. 

Mr.  FOX.  I  don't  see  that  this  report-  can  be  improved 
upon.  It  is  in  as  simple  language  as  we  can  get  it,  and  leaves 
the  proposition  in  the  hands  of  the  legislature  to  make  and 
adopt  township  laws  as  soon  as  deemed  necessary.  We  don't 
want  to  have  it  for  the  adoption  by  one  county,  or  township. 
These  laws  should  be  made  general.  I  am  in  favor  of  this 
committee  report, 

Mr.  COFFEEN.  I  am  in  favor  of  the  amendment  now 
pending.  The  only  difference  between  it  and  the  proposition 
of  the  minority  report  is  referred  to  by  the  last  speaker.  That 
the  minority  report  provides  for  a  general  law  for  township 
organization,  while  the  substitute  leaves  it  to  the  action  of 
the  counties  themselves  before  it  shall  be  instituted  and  car- 
ried into  effect.  It  makes  it  optional  with  the  counties  to 
adopt  it  if  the  legislature  shall  provide  for  it.  I  think  that 
is  a  good  provision,  and  am  therefore  in  favor  of  it,  In  reply 
to  the  gentleman  from  Laramie  who  spoke  against  this  substi- 
tute, on  the  ground  that  it  might  work  a  hardship  upon  some 
of  the  townships  who  might  not  want  it  and  could  not  afford 
it,  I  take  it  that  the  townships  will  be  so  laid  out,  in  such  a 
manner  as  may  be  provided  by  law  so  that  it  can  work  no 
hardship  or  injustice,  because  the,  sub-divisions  can  be  so 
made  that  the  interests  of  all  parts  of  the  county  will  be  con- 
sidered. 

Mr.  CHAIRMAN.  The  question  is  on  the  substitute  offered 
by  the  gentleman  from  Albany;  all  in  favor  of  the  amend- 
ment will  say  aye;  contrary,  no.  The  ayes  have  it;  the  amend- 
ment is  adopted.  Section  five.  All  in  favor  of  the  adoption 
of  section  five  will  say  aye;  contrary,  no;  the  ayes  have  it; 
the  motion  prevails. 

Mr.  TESCHEMACHER.  I  move  this  committee  now  rise 
and  report  back  this  file  with  the  recommendation  that  it  be 
adopted. 

Mr.  CHAIRMAN.  Gentlemen,  you  have  heard  the  motion; 
an-  yon  ready  for  the  question?  All  in  favor  of  the  motion 
will  say  aye;  contrary,  no.  The  ayes  have  it;  the  motion 
prevails. 

Ah-.  TESCHEMACIIER.  I  move  this  committee  now  rise 
and  renort. 


PROCEEDINGS  AND  DEBATES. 

Mr.  CHAIRMAN.  Gentlemen,  you  have  heard  the  motion; 
are  you  ready  for  the  question?  All  in  favor  of  the  motion 
will  say  aye;  contrary,  no.  The  ayes  have  it;  the  motion  pre- 
vails. The  committee  will  now  rise. 

Mr.  PRESIDENT.  What  will  you  do  with  the  report  of 
your  committee,  gentlemen? 

Mr.  TESCHEMACHER.    I  move  the  report  be  adopted. 

Mr.  PRESIDENT.  Gentlemen,  you  have  heard  the  motion; 
are  you  ready  for  the  question?  All  in  favor  of  the  motion 
will  say  aye;  contrary,  no.  The  ayes  have  it;  the  motion  pre- 
vails. The  report  will  now  be  referred  to  the  engrossing  com- 
mittee. 

Mr.  HAY.  If  there  is  no  objection,  I  would  like  to  intro- 
duce a  file  at  this  time. 

Mr.  PRESIDENT.  Is  there  objection  to  the  gentleman 
introducing  a  proposition  at  this  time?  The  chair  hears  no 
objection.  The  gentleman  will  introduce  his  file. 

(Reading  of  file  74.) 

What  will  you  do  with  the  proposition,  gentlemen? 

Mr.  RINER,  I  move  that  it  be  referred  to  the  committee 
on  boundaries  and  apportionment. 

Mr.  HAY.  I  suggest  that  it  carry  with  it  the  motion  to 
print. 

Mr.  PRESIDENT.  The  question  is  on  the  motion  that  file 
74  be  referred  to  the  committee  on  apportionment  and  ordered 
printed.  Are  you  ready  for  the  question?  All  in  favor  of  the 
motion  will  say  aye;  contrary,  no.  The  ayes  have  it;  the  mo- 
tion prevails. 

Mr.  BT7RRITT.  I  now  move  that  the  other  proposition 
in  reference  to  apportionment  which  this  convention  has  re- 
fused to  print  be  ordered  printed. 

Mr.  PRESIDENT.  Can  the  gentleman  state  what  files 
they  were  ? 

Mr.  BURRITT.     I  do  not  remember  the  numbers. 
Mr.  RINER.     I  move  we  now  adjourn,  and  the  gentleman 
can  ascertain  the  numbers  of  the  files  during  recess  from  the 
committee  having  them  in  charge,  and  that  we  ta,ke  a  recess 
until  two  o'clock. 

Mr.  PRESIDENT.  The  question  is  on  the  motion  to  take 
a  recess  until  two  o'clock.  Are  you  ready  for  the  question? 
All  in  favor  of  the  motion  will  say  aye;  contrary,  no.  The 
ayes  have  it.  The  motion  prevails.  The  convention  will  take 
•a  recess  until  two  o'clock. 

AFTERNOON  SESSION. 

Friday  Afternoon,  Sept.  13th. 

Mr.  PRESIDENT.  Convention  come  to  order.  Gentle- 
men of  ihe  convention,  files  No.  19  and  22,  the  substitute  there- 
for, have  been  acted  upon  and  amended  by  committee  of  the 


314  CONSTITUTIONAL  CONVENTION. 

whole.  These  amendments  have  been  adopted  by  the  houser 
and  it  seems  that  the  matter  is  now  in  such  form  that  it  had' 
better,  unless  the  members  otherwise  desire  it,  be  referred 
to  the  committee  on  engrossment. 

Mr.  CAMPBELL.  I^move  that  it  be  sent  to  the  engross- 
ment committee. 

Mr.  SMITH.    Second  the  motion. 

Mr.  PRESIDENT.  It  is  moved  and  seconded  that  the  sub- 
stitute for  files  No.  19  and  22  be  referred  to  the  engrossment 
committee.  Are  you  ready  for  the  question?  All  in  favor 
of  the  motion  will  say  aye;  contrary,  no.  The  ayes  have  it; 
it  is  so  referred  Mr.  Secretary.  At  the  moment  of  taking  # 
recess,  the  gentleman  from  Johnson,  Mr.  MeCandlish,  made 
a  motion  to  print  certain  files  that  had  been  before  reported 
to  the  house.  He  desired  to  refer  to  the  files  and  specifically 
number  them.  I  do  not  see  the  genteman  here  at  this  time 
and  If  there  is  no  objection  the  majtter  will  stand  until  he 
comes  in,  so  we  can  act  more  intelligently  upon  the  matter. 
(McCaiidlish  comes  in.) 

Mr.  PRESIDENT.  Will  the  gentleman  from  Johnson,  Mr. 
McCandlish,  enumerate  the  files  that  were  desired  to  (be  con- 
tained in  the  motion  to  print? 

Mr.  McCANDLISH.  *I  have  not  yet  had  an  opportunity 
to  look  it  up. 

Mr.  PRESIDENT.  Does  the  gentleman  then  withdraw  his 
motion  for  the  present? 

Mr.  McCANDLISH.     Yes. 

Mr.  PRESIDENT.  There  are  several  matters  on  the  gen- 
eral file  for  the  consideration  of  the  committee  of  the  whole. 
What  is  your  pleasure,  gentlemen? 

Mr.  JEFFREY.  Before  that  matter  is  taken  up,  there  is 
a  matter  wrhich  I  think  should  receive  the  attention  of  the 
convention.  Committee  No.  19  reported  back  this  morning 
file  58,  I  believe,  as  properly  engrossed.  That  is  something, 
I  assume,  which  will  in  the  future  be  carefully  looked  after, 
as  I  think  these  files  should  be  considered  by  this  convention- 
after  they  have  been  engrossed,  as  I  think  it  proper  that 
every  member  of  this  convention  should  be  fully  informed  as 
to  the  contents  of  every  file.  I  would  move,  therefore,  that 
the  file  as  reported  back  be  read  for  the  information  of  the 
convention,  in  order  that  we  may  see  wrhether  it  is  correctly^ 
engrossed. 

Mr.  PRESIDENT.    The  convention  disposed  of  that  file  this 

morning,  by  referring  it  to  committee  No.  10,  and  it  is  now 

in  the  hands  of  that  committee,  and  was  so  disposed  of  by  the 

convention.    Probably  the  gentleman  wras  not  present  at  the 

time. 

Mr.  JEFFREY.  I  was  present,  but  I  understand  that  that 
would  be  agreeable  to  the  chairman  of  the  committee,  that 
he  would  rather  prefer  to  have  it  done. 


PROCEEDINGS  AND  DEBATES. 

Mr.  PRESIDENT.  The  chairman  of  the  committee  is  not 
here,  and  lie  probably  has  the:  (bill  in  his  possession. 

Mr.  JEFFREY.  The  only  object  I  had  was  this.  It  is 
now  fresh  in  the  minds  of  the  members  of  tne  convention, 
and  while  the  clerk  might  think  it  was  correct,  but  there 
might  be  some  member  of  the  convention  who  might  discover 
that  something  was  left  out  that  should  be  there,  or  something 
in  there  that  should  be  left  out.  This  is  something  which  is 
not  likely  to  occur  again,  and  I  made  the  motion  because  I  think 
it  is  in  accordance  with  the  wishes  of  the  chairman  of  the 
committee. 

Mr.  PRESIDENT.  Does  the  gentleman  from  Laramie,  Mr. 
Teschemacher,  as  chairman  of  the  Revision  Committee  desire 
to  have  the  file  reported  back  to  the  convention  this  morning 
read. 

Mr.  TESCHEMACHER.  This  is  the  exact  situation  as  I 
understand  it.  The  convention  has  given  complete  authority 
to  the  Revision  Committee  to  do  whatever  they  please  with 
anything  that  conies  into  their  hands  from  the  convention, 
after  it  has  been  amended  by  the  Committee  of  the  Whole  and 
passed  upon  by  the  convention.  It  seems  to  me  that  the  con- 
vention are  allowing  the  committee  altogether  too  much 
authority.  I  felt  so  alarmed  about  it  that  I  immediately  took 
File  51  down  to  the  secretary  and  asked  him  to  store  it  away 
in  the  safe  of  the  capitol,  because  as  chairman  of  the  committee 
I  have  got  to  keep  all  the  engrossed  files  from  one  on  until 
the  whole  constitution  is  ready  to  be  adopted,  and  the  conven- 
tion has  got  to  take  my  word  for  it  that  all  these  propositions 
are  properly  engrossed  without  knowing  anything  about  it; 
you  have  got  to  take  the  word  of  the  committee  for  it,  and  it 
seems  to  me  that  you  have  put  into  the  hands  of  this  com- 
mittee unlimited  authority  to  do  with  this  constitution  just 
as  they  please. 

Mr.  JEFFREY.  The  only  reason  I  spoke  of  this  was  that 
the  bill  as  it  went  infto  the  hands  of  the  committee  was  in 
very  bad  shape,  it  had  been  interlined  and  interlined,  and  it 
was  for  that  reason  that  I  suggested  it  be  read.  But  if  the 
convention  do  not  desire  to  have  it  read,  I  am  not  particular 
about  it. 

Mr.  TESCHEMACHER.  I  can  assure  the  convention  that 
that  particular  file  is  properly  engrossed  and  is  now  in  the- 
safe  of  the  capitol. 

Mr.  JEFFREY.  With  the  consent  of  my  second  I  withdraw 
my  motion. 

Mr.  HARVEY.  I  move  we  now  go  into  the  committe  of 
the  whole  for  consideration  of  the  general  file. 

Mr.  PRESIDENT.  Gentlemen,  you  have  heard  the  motion; 
are  you  ready  forthe  question?  All  in  favor  of  the  motion  will 
say  aye;  contrary,  no.  The  ayes  have  it,  the  motion  prevails. 
Will  Mr.  Conawav  take  the  chair? 

Mr.  CHAIRMAN.     Gentlemen  of  the  committee,  the  first 


316  CONSTITUTIONAL  CONVENTION. 

thing  for  consideration  on  the  general  file,  is  file  46,  submitted 
by  Mr.  Morgan,  on  the  distribution  of  powers. 

Mr.  MORGAN.  1  desire  to  move  when  this  committee  rise 
they  report  that  file  back  with  the  recommendation  that  it 
be  adopted. 

Mi1.  CHAIRMAN.  Gentleman,  you  have  heard  the  motion, 
are  you  ready  for  the  question?  All  in  favor  of  the  motion 
will  say  aye;  contrary,  no.  The  ayes  have  it;  the  motion  pre- 
vails. The  next  proposition  on  the  general  file  is  the  report 
of  committee  18,  substitute  for  file  13,  on  amendments. 

Mr.  HARVEY.  I  will  simply  state  that  this  is  the  form 
found  in  almost  all  the  western  states,  and  I  move  the  adop- 
tion of  section  1. 

Mr.  CHAIRMAN.  The  question  is  on  the  adoption  of  sec- 
tion 1;  all  in  favor  of  the  motion  will  say  aye;  contrary,  no. 
The  ayes  have  it,  section  1  is  adopted.  Section  2. 

Mr.  FOX.    I  move  the  adoption  of  section  2. 

Mr.  CHAIRMAN.  Gentleman,  you  have  heard  the  motion; 
are  you  ready  for  the  question?  All  in  favor  of  the  motion 
will  say  aye;  contrary,  no.  The  ayes  have  it,  the  motion  pre- 
vails. Section  3. 

Mr.  SMITH.    I  move  the  adoption  of  section  3. 

Mr.  CHAIRMAN.  The  question  is  on  the  adoption  of  sec- 
tion 3;  are  you  ready  for  the  question?  All  in  favor  of  the 
motion  will  say  aye;  contrary,  no.  The  ayes  have  it;  the  mo- 
tion prevails.  Section  4. 

Mr.  FOX.    I  move  section  4  be  adopted. 
Mr.  CHAIRMAN.    Gentleman,  you  have  heard  the  motion; 
are  you  ready  for  the  question?    All  in  favor  of  the  motion 
will  say  aye;  contrary  no.    The  ayes  have  it;  the  motion  pre- 
vails. 

Mr.  POTTER.  I  move  when  the  committee  arise,  they  re- 
port back  the  substitute  for  file  13,  with  the  recommendation 
that  it  be  adopted. 

Mr.  CHAIRMAN.  Gentlemen,  you  have  heard  the  motion; 
are  you  ready  for  the  question?  All  in  favor  of  the  motion  will 
say  aye;  contrary  no.  The  ayes  have  it;  the  motion  prevails. 
The  next  thing  is  the  substitute  for  file  14,  by  committee  No. 
0.  What  is  your  pleasure  with  reference  to  this  proposition, 
gentlemen? 

Mr.  BARROW.  I  move  that  the  committee  rise,  they  re- 
port back  this  section  with  the  recommendation  that  it  be 
adopted  as  a  part  of  the  constitution,  and  I  would  simply  say 
as  chairman  of  that  committee  that  this  section  is  taken  word 
for  word  from  the  act  of  congress  creating  the  territory  of 
Wyoming. 

Mr.  CHAIRMAN.  You  have  heard  the  motion;  are  you 
ready  for  the  question?  The  question  is  on  the  adoption  of 
tli"  proposition  fixing  the  boundaries  of  Wyoming  as  reported 
by  committee  No.  0.  All  in  favor  of  the  motion  will  say  aye; 
contrary,  no.  The  ayes  have  it;  the  motion  prevails. 


PROCEEDINGS  AND  DEBATES.  ^7. 

Mr.  CAMPBELL.  I  move  this  committee  now  rise  and 
report. 

Mr.  CHAIRMAN.  Gentlemen,  you  have  heard  the  motion; 
are  you  ready  for  the  question?  All  in  favor  of  the  motion  will 
say  aye;  contrary  no.  The  ayes  have  it;  the  motion  prevails. 
TJie  committee  will  now  rise  and  report. 

Mr.  PRESIDENT.  Gentlemen  of  the  convention,  what  will 
you  do  with  the  report  of  your  committee  of  the  whole? 

Mr.  CAMPBELL.    I  move  its  adoption. 

Mr.  PRESIDENT.  It  is  moved  and  seconded  that  the  re- 
port of  the  committee  of  the  whole  be  adopted;  are  you  ready 
for  the  question?  All  in  favor  of  the  motion  will  say  aye; 
contrary,  no.  The  ayes  have  it;  the  report  of  the  committee- 
stands  adopted. 

Mr.  POTTER.  I  move  that  these  files  be  made  the  en- 
grossed copies  and  placed  upon  their  final  passage. 

Mr.  PRESIDENT.  Gentlemen,  you  have  heard  the  motion; 
are  you  ready  for  the  question?  All  in  favor  of  the  motion  will' 
say  aye;  contrary  no.  The  ayes  have  it;  the  motion  prevails. 
The  secretary  will  read  file  46. 

Eile  46  has  been  finally  read  and  is  now  upon  its  passage. 
So  many  as  are  in  favor  of  the  passage  of  the  file  will  say'aye 
as  their  names  are  called;  those  of  the  contrary  opinion  will 
say  no.  The  secretary  will  call  the  roll. 

(Roll  call.) 

Gentlemen,  the  vote  of  file  46  stands  as  follows:  Yeas,  33; 
nays,  none;  absent,  16.     By  your  vote  you  have  adopted  file 
46  as  a  part  of  the  constitution!     If  not  otherwise  ordered, 
the  file  will  now  be  referred  to  the  committee  on  revision.    It 
is  so  referred.    The  question  is  now  upon  the  adoption  of  file- 
13,  as  a  part  of  the  constitution.    Are  you  ready  for  the  ques- 
tion?   So  many  as  are  of  the  opinion  that  the  file  be  adopted' 
as  a  part  of  the  constitution  W7ill  say  aye  as  their  names  are- 
called;  those  of  the  opposite  opinion  will  say  no.     The  clerk 
will  call  the  roll. 

(Roll  call.) 

Gentlemen,  the  vote  on  file  13  is  as  follows:  Yeas,  34; 
nays,  none;  absent,  15.  By  your  vote,  gentlemen,  you  have 
adopted  file  13  as  a  part  of  the  constitution.  The  question  is 
now  upon  the  final  reading  and  passage  of  file  14.  Are  you 
ready  for  the  question?  All  in  favor  of  the  adoption  of  the 
file  will  say  aye  as  their  names  are  called;  those  of  the  con- 
trary opinion  will  say  no.  The  clerk  wTill  call  the  roll. 

(Roll  call.) 

Gentlemen,  your  vote  on  file  J4  stands  as  follows:    Yeas, 
33;  nays,  none;  absent,  16.    By  your  vote  you  have  adopted 
file  14  as  a  part  of  the  constitution  of  Wyoming.    What  is 
your  pleasure,  gentlemen. 

Mr.  TESCHEMACI1ER.  As  there  is  nothing  ready  to  come 
before  the  house,  and  as  the  committees  have  a  great  deal 


318  CONSTITUTIONAL  CONVENTION. 

of  work  to  do,  I  move  we  adjourn  until  ten  o'clock  to-morrow 
morning. 

Mr.  PRESIDENT.  Gentlemen,  the  motion  is  that  we  now 
adjourn  until  ten  o'clock  to-morrow  morning.  Are  YOU  ready 
for  the  question?  All  in  favor  of  the  motion  will  say  aye; 
contrary,  no.  The  ayes  have  it ;  the  motion  prevails.  The  con- 
vention will  take  a  recess  until  ten  o'clock  to-morrow  morning. 


TWELFTH  DAY. 

MORNING  SESSION. 

Saturday,  Sept.  14,  1SS9. 

Convention  assembled  at  10  o'clock,  President  Brown  in 
the  chair. 

PRESIDENT.    The  convention  will  come  to'  order. 

(Prayer.) 

PRESIDENT.     The  secretary  will  call  the  roll. 
(Roll  call.) 

SECRETARY.     Twenty-eight  members  present,   Mr.  Pres- 
ident.v 

Mr.  MORRIS.  Mr.  President,  Mr.  Menough  and  Mr.  Pal- 
mer have  been  called  home  and  ask  to  be  excused  until  their 
return. 

Mr.  PRESIDENT.  If  there  is  no  objection,  the  gentlemen 
named  will  be  excused.  The  .record  will  so  show,  Mr.  Secre- 
tary. The  secretary  will  read  the  journal  of  the  eleventh  day. 

(Reading  of  the  journal  for  the  eleventh  day.) 

Mr.  PRESIDENT.  Are  there  any  corrections  to  the  jour- 
nal as  read?  There  being  no  suggestion,  the  journal  stands 
approved,  Mr.  Secretary. 

The  presentation  of  petitions,  memorials,  resolutions,  and 
propositions  are  now  in  order.  Are  there  any  propositions  to 
be  presented  this  morning?  Reports  of  standing  committees. 
Are  there  any  reports  of  standing  committees  this  morning? 

Mr.  PRESTON.  On  behalf  of  committee  No.  2,  I  have 
been  instructed  to  submit  a  majority  and  minority  report. 
As  the  report  is  very  long  and  cumbersome,  I  ask  that  it  be 
only  read  by  title  and  printed. 

Mr.  MORGAN.  I  think  the  report  ought  to  be  read,  but 
not  the  matter  to  be  incorporated. 

Mr.  PRESIDENT.    The  secretary  will  read  the  report. 

(See  journal,  page  58.) 

Mr.  MORGAN.  I  ask  that  the  report  of  the  minority  be 
read. 

Mr.  PRESIDENT.  The  secretary  will  read  the  minority 
report. 

The  minority  of  your  committee  on  legislative  department, 


PROCEEDINGS  AND  DEBATES. 

No.  2,  beg  leave  to  report  section  3  filed  herewith,  and  ask  its 
-adoption  in  lieu  of  section  3  of  the  majority  report. 

September  14,  1889. 

Sec,  3.  The  legislature  of  this  state,  until  otherwise  pro- 
vided by  law,  shall  consist  of  fifteen  members  of  the  senate 
and  thirty-one  members  of  the  house  of  representatives,  to 
be  apportioned  to  the  several  counties  and  districts,  as  near 
as  may  be,  according  to  the  number  of  their  inhabitants.  Pro- 
vided, that  no  city  or  county  shall  be  entitled  to  separate 
representation  in  the  senate  until,  the  whole  number  of  sen- 
ators shall  be  twenty-four  (24)  or  more,  when  the  said  sepa- 
rate representation  shall  not  exceed  one-sixth  of  the  whole 
number  of  senators. 

E.  S.  N.  MORGAN. 

Mr.  PRESIDENT.  The  question  is  on  the  recommendation 
to  print  the  substance  reported  by  this  committee,  that  it 
may  be  considered  by  the  convention.  It  seems  that  there 
are  two  reports;  they  differ  as  to  but  one  or  two  sections. 
Is  it  the  desire  that  the  matter  reported  both  by  the  majority 
and  minority  be  printed?  The  question  will  be  upon  print- 
ing both,  if  there  is  no  objection.  All  who  are  of  the  opinion 
that  the  matter  submitted  by  the  majority  and  minority  re- 
ports be  printed  will  say  aye;  those  opposed,  no.  The  ayes 
have  it,  the  reports  of  both  the  minority  and  majority  are 
ordered  printed  by  the  convention.  Are  there  any  further 
reports. 

SECRETARY.     A  proposition,  Mr.  President. 

Mr.  PRESIDENT.    The  secretary  will  read. 

SECRETARY.  File  No.  77,  by  Mr.  Hay,  concerning  a 
state  examiner. 

Mr.  PRESIDENT.  Gentlemen  of  the  convention,  unless 
otherwise  ordered,  File  No.  77  will  be  referred  to  committee 
No.  3,  executive  department.  It  is  so  referred,  Mr.  Secretary. 

SECRETARY.  File  No.  78,  by  Mr.  Hay,  concerning  live 
stock. 

It  is  proposed  that  the  following  provisions  be  incorporated 
in  the  constitution  of  Wyoming,  to-wit: 

Sec.  1.  The  legislature  shall  pass  all  necessary  laws  to 
provide  for  the  protection  of  live  stock  again'st  the  introduc- 
tion of  spread  of  all  infectious  or  contagious  diseases. 

Sec.  2.  The  legislature  may  establish  a  system  of  quar- 
antine or  inspection  and  make  such  other  regulations  as  may 
be  necessary  for  the  protection  of  stock  owners,  and  most 
condusive  to  the  stock  interests  of  the  state. 

Sec.  3.  The  legislature  may,  when  necessary,  appoint  such 
officers  as  may  be  required  to  carry  out  the  provisions  of  this 
article. 

Mr.  PRESIDENT.  Gentlemen  of  the  convention,  unless 
otherwise  ordered,  file  No.  78  will  be  referred  to  committee 


320 


CONSTITUTIONAL  CONVENTION. 


No.  10,  on  live  stock,  labor,  etc.    There  being-  no  objection,  it 
is  so  ordered,  Mr.  Secretary. 

Mr.  RINER.     Mr.  President. 
Mr.  PRESIDENT.    The  gentleman  from  Laramie,  Mr.  Riner. 

Mr.  RINER.  I  was  only  going  to  suggest  that  the  propo- 
sition contained  in  file  No.  77  is  already  embodied  in  the  re- 
port submitted  this  morning  by  committee  No.  3,  in  almost 
the  identical  language  of  the  file,  so  it  will  not  be  necessary 
to  refer  it  to  our  committee.  The  language  is  the  same,  is 
it  not  Mr.  Richards? 

Mr.  RICHARDS.     Almost  the  exact  language. 

Mr.  PRESIDENT.  File  No.  77  has  already  been  referred  to 
the  committee  on  executive  department,  No  3.  Perhaps  the  bet- 
ter disposition  would  be  to  allow  the  proposition  to  lay  on 
the  table,  and  come  up  in  connection  with  the  matter  re- 
ported by  the  committee  for  consideration  in  committee 
of  the  whole. 

Mr.  RINER.  I  will  move  that  that  disposition  be  made 
of  the  matter. 

Mr.  PRESIDENT.  Is  there  objection  to  the  matter  being 
so  disposed  of?  It  is  so  ordered,  Mr.  Secretary.  The  matter 
will  lay  on  the  table,  and  come  up  in  the  regular  order  of 
business  on  the  general  file  for  consideration  in  committee 
of  the  whole. 

SECRETARY.  Report  of  committee  No.  16.  Files  36 
and  34. 

Mr.  PRESIDENT.  Committee  No.  16  report  back  a  substi- 
tute for  those  files  concerning  the  state  militia.  Is  it  the  de- 
sire of  the  convention  that  the  substitute  be  printed? 

Mr.  RINER.  Is  it  not  customary  when  a  substitute  is 
reported  back  that  it  be  read?  We  cannot  tell  unless  it  is 
read  what  it  contains,  and  whether  we  wrant  it  printed. 

Mr.  PRESIDENT.    The  secretary  will  read  the  report. 

SECRETARY.    Report  of  committee  No.  16. 

(See  journal  page  58.) 

Mr.  PRESIDENT.  What  is  the  wish  of  the  convention  as 
to  having  the  matter  reported  printed? 

Mr.  FOX.    I  move  the  matter  be  printed. 

Mr  .ORGAN.     Second  the  motion. 

Mr.  PRESIDENT.  It  is  moved  and  seconded  that  the 
matter  reported  by  committee  No.  16  be  ordered  printed. 
Are  you  ready  for  the  question?  All  who  are  of  the  opinion 
that  the  matter  reported  be  ordered  printed,  will  say  aye; 
those  opposed,  no.  The  ayes  have  it;  the  matter  is  ordered 
printed. 

SECRETARY.  Report  of  committee  No.  3.  Substitute 
for  file  51  and  56. 

Mr.  PRESIDENT.    The  secretary  will  read  the  report. 

«S«'o  journal,  page  59.) 

Mr.  HAY.    I  move  the  report  be  ordered  printed. 


PROCEEDINGS  AND  DEBATES.  321 

Mr.  PRESIDENT.  I  would  remind  the  gentlemen  of  the 
commit  tee  that  the  report  states  that  the  original  files  re- 
ferred back  were  returned  with  the  report.  The  secretary 
notifies  me  they  are  not  so  returned.  The  question  is  now  on 
printing  the  substitute  for  the  propositions  referred  to  com- 
mittee No.  3.  Are  you  ready  for  the  question?  All  in  favor 
of  the  motion  will  say  aye;  those  opposed,  no.  The  ayes  have 
it,  the  matter  is  ordered  printed. 

Mr.  RINER.  I  would  say  that  as  my  time  is  so  closely 
occupied,  I  did  not  hve  time  to  sit  down  and  do  a  lot  of  cler- 
ical work,  but  utilized  the  original  files  so  far  as  possible. 
They  are  a  part  of  the  substitute  returned  by  the  committee: 

Mr.  PRESIDENT.    Any  further  reports,  Mr.  Secretary? 

SECRETARY.  Committee  No.  29,  on  revision,  reports  the 
substitute  for  files  19  and  22,  properly  engrossed. 

Mr.  PRESIDENT.  The  two  files  reported  back  as  cor- 
rectly engrossed  have  not  been  finally  passed  upon  by  the 
convention.  Gentlemen  of  the  convention,  your  committee 
on  revision  has  reported  back  files  No.  19  and  22,  or  the  sub- 
stitute therefor,  as  being  correctly  engrossed.  The  question 
is  upon  the  final  reading  of  the  propositions  contained  in  the 
engrossed  copy  returned  by  your  committee.  All  that  are  in 
favor  of  its  final  reading  at  this  time,  and  its  adoption  into  the 
constitution  will  say  aye.  The  ayes  have  it;  the  engrossed 
copy  will  be  read  by  the  secretary.  Final  reading  of  the  sub^ 
stitute  for  files  No.  19  and  22.  The  clerk  will  read. 

(Final  reading  of  substitute  for  files  19  and  22.) 

Mr.  PRESIDENT.  The  question  will  be  upon  the  final 
passage  of  the  substitute  as  read.  So  many  as  are  of  the 
opinion  that  the  substitute  to  files  No.  19  and  22  be  adopted 
and  incorporated  into  the  constitution  as  a  part  thereof  will 
say  aye,  as  their  names  are  called ;  those  of  the  opposing  opin- 
ion will  say  no.  The  clerk  will  call  the  ayes  and  noes. 

(See  journal,  page  59.) 

Mr.  PRESIDENT.  Ayes,  27;  noes,  2;  absent,  20.  Gentle- 
men, by  your  vote  you  have  adopted  the  substitute  to  files 
19  and  22  as  a  part  of  the  constitution.  If  there  is  no  other 
order  made  in  reference  to  this,  the  substitute  will  be  referred 
to  the  committee  on  revision.  It  is  so  ordered,  Mr.  Secretary. 

Mr.  POTTER,    Mr.  President. 

Mr.  PRESIDENT.  The  gentleman  from  Laramie,  Mr.  Potter, 

Mr.  POTTER.  I  desire  now  to  move,  in  accordance  with 
the  notice  I  gave  the  other  day,  that  when  any  proposition 
containing  more  than  one  section  is  before  the  convention 
for  final  reading  and  adoption,  that  any  member  shall  have 
the  right  to  demand  that  a  particular  section  be  voted  upon 
separately.  I  would  like  to  amend  rule  55  by  adding  that 
language  to  it.  I  gave  notice  to  that  effect  day  before  yes- 
terday. It  will  not  be  required  in  every  case,  but  I  think 
every  member  should  have  the  right  to  demand  it.  I  think 
21  — 


322  CONSTITUTIONAL  CONVENTION. 

we  have  just  now  seen  the  necessity  for  such  a  rule.  It  com- 
pels a  member  to  vote  against  a  proposition  that  he  is  in 
favor  of,  simply  because  he  cannot  support  one  line  it  con- 
tains. 

Mr.  PRESIDENT.  The  secretary  will  read  the  notice  and 
the  proposed  amendment.  I  think  it  came  in  day  before  yes- 
terday. 

SECRETARY.  I  cannot  find  it;  it  must  have  been  mis- 
laid. 

Mr.  PRESIDENT.  Gentlemen  of  the  convention,  I  have 
before  me  a  communication  from  the  governor  of  the  terri- 
tory of  Wyoming  notifying  us  as  to  the  time  of  the  proposed 
visit  of  the  congressional  committee  on  irrigation.  The  sec- 
retary will  please  read,  while  Mr.  Potter  re-writes  his  amend- 
ment. 

(See  journal,  page  60.) 

Mr.  COFFEEN.  I  will  ask  who  is  the  chairman  of  the 
committee  from  this  body  appointed  to  confer  with  this  sen- 
ate committee. 

Mr.  JOHNSTON.  I  was  about  to  call  attention  to  that 
matter,  although  I  have  no  authority  to  do  it.  I  would  re- 
quest that  the  committee  be  requested  to  meet  after  recess 
to-day. 

Mr.  PRESIDENT.  Resolution  of  Mr.  Potter.  Is  there  a 
second  to  the  amendment  offered  by  the  gentleman  from  Lar- 
arnie,  Mr.  Potter. 

Mr.  GRANT.     Second  the  motion. 

Mr.  PRESIDENT.  The  question  is  on  the  adoption  of  the 
amendment  to  rule  55  as  proposed  by  the  gentleman  from  Lar- 
amie,  Mr.  Potter.  The  secretary  will  read  the  proposed  amend- 
ment again  in  order  that  all  may  understand  the  proposition 
presented.  Will  the  gentleman  from  Johnson,  Mr.  Burritt, 
take  the  chair? 

(Mr.  Potter's  amendment  re-read.) 
Mr.  BROWN.    Mr.  President. 

Mr.  PRESIDENT.  The  gentleman  from  Albany,  Mr.  Brown. 

Mr.  BROWN.  I  hope  the  members  of  this  convention  will 
carefully  consider  the  nature  of  the  proposed  amendment  to 
the  rules.  It  is  perfectly  clear  to  me  that  its  result  will  be  to 
hamper  and  delay  business,  and  not  to  aid  in  its  discharge. 
You  will  observe  that  rule  55  provides  that  the  final  vote 
agreeing  to  each  proposition  and  upon  agreeing  to  the  instru- 
ment as  a  whole  shall  be  taken  by  the  yeas  and  nays,  and  no 
such  proposition  shall  be  considered  as  agreed  to,  nor  as  a 
whole,  except  a  majority  of  the  delegates  present  vote  there- 
for. Rule  5'5  holds  good  not  only  as  to  the  final  passage  of 
propositions  as  they  may  be  amended,  but  to  the  final  action 
upon  the  constitution  as  a  whole  when  presented  by  the  com- 
mittee on  revision,  after  they  have  examined  it  and  put  it  in 
proper  shape  for  our  action.  When  it  comes  up  in  that  way 


PROCEEDINGS  AND  DEBATES.  323 

•every  matter,  under  the  rules  as  they  now  stand,  can  be  acted 
.upon,  every  section,  every  proposition  separately,  and  apart 
from  the  instrument  as  a  whole  and  voted  upon  by  the  conven- 
tion, changed  or  amended  as  they  see  fit,  but  you  will  observe 
"by  this  and  other  rules  that  a  proposition  as  a  whole,  no  mat- 
ter what  amendment  may  be  here,  that  before  a  proposition 
as  a  whole  can  be  voted  on  and  adopted,  it  must  be  submitted 
as  a  whole,  voted  on  as  a  whole  on  the  ayes  and  noes,  and  the 
amendment  proposed  by  my  friend  from  Laramie,  will  not 
change  the  matter,  as  he  seeks  to  by  the  amendment.  If  we 
are  not  to  vote  upon  these  propositions  as  a  whole,  we  cannot 
vote  upon  the  constitution  as  a  whole.  Does  the  gentleman 
desire  to  so  arrange  this  rule,  or  change  it,  so  as  to  prevent 
our  voting  upon  the  constitution  as  a  whole,  when  it  is  finally 
submitted,  in  one  vote? 

Mr.  POTTEE.  I  don't  think  the  constitution  as  a  whole 
would  be  a  proposition. 

Mr.  SMITH.  I  wish  simply  to  call  attention  to  this  fact. 
We  have  already  spent  two  weeks  upon  this  work,  and  we 
are  riot  getting  along  with  it  very  fast.  As  the  rules  now 
stand,  every  section  is  passed  upon  singly  twice.  First  in  com- 
mittee of  the  whole  and  again  in  the  convention.  '  Why  go 
over  it  again  ?  We  must  stop  somewhere.  Why  dispose  of  it 
once,  simply  to  have  it  come,  up  agairsl?  If  this  motion  pre- 
vails, it  will  only  re-open  the  question  again,  and  we  will  never 
get  done.  I  hope  the  motion  will  be  voted  down. 

Mr.  MORGAN.  The  object  desired  to  be  obtained  by  my 
friend,  Mr.  Potter,  is  a  good  one,  but  I  think  it  can  be  reached 
without  any  alteration  ofthe  rules.  There  will  be  propositions, 
I  doubt  not,  contained  in  the  constitution  as  a  whole  to  which 
I  will  have  serious  objections,  propositions  contained  in  these 
propositions  to  which  I  have  serious  objections,  and  I  will  not 
desire  to  go  on  record  as  voting  for  them.  But  I  can  reach 
that  up  to  the  time  of  the  yeas  and  nays  by  offering  an  amend- 
ment. Of  course,  no  member  would  offer  an  amendment  un- 
less of  serious  importance,  that  amendment  may  be  rejected, 
and  the  proposition  will  pass  as  it  stands.  I  would  prefer 
to  settle  my  record  on  any  of  these  propositions  by  exercising 
the  privilege  widen  I  have  under  the  rules  of  this  house  of  hav- 
ing my  reason  for  so  voting  entered  upon  the  journal  at  the 
time  the  yeas  and  nays  are  called 

Mr.  HAY.    If  it  is  a  question  of  saving  time,  I  am  not  cer- 
tain that  we  will  ^not  take  up  more  tune  by  stating  our  rea- 
sons for  so  voting  than  it  would  if  we  wrere  to  act  in  the  way 
proposed. 

Mr.  PRESTON.     Mr.  President. 

Mr.  PRESIDENT.  The  gentleman  from  Fremont,  Mr.  Pres- 
ton. 

Mr.  PRESTON.  At  the  convening  of  this  convention,  a  com- 
mittee was  selected  to  draft  rules  for  the  purpose  of  controll- 


324  CONSTITUTIONAL  CONVENTION. 

ing  the  work,  of  this  convention.  After  nearly  two  days  work, 
a  copy  of  rules  was  prepared  and  presented  to  this  convention, 
which  were  carefully  considered  each  one  separately  by  the 
members  of  this  convention,  and  I  think  the  time  has  now 
come  when  the  rules,  which  were  adopted  by  this  convention, 
were  studied  fully  and  the  proper  application  made  of  them 
every  question  we  desire  to  reach  can  be  reached  by  them  by 
this  convention.  The  waste  of  time  in  the  amendment  of  these 
rules  is  getting  monotonous  to  the  outside  members,  and  I 
think  if  the  gentleman  who  proposes  this  will  study  the  rules 
and  make  a  close  application  of  them,  the  business  of  this 
convention  can  be  disposed  of  in  less  time  than  it  will  if  the 
time  is  taken  up  in  amending  the  rules.  Therefore,  I  hope 
the  motion  will  not  pass. 

Mr.  PRESIDENT.  The  question  is  on  the  adoption  of  the 
amendment  to  rule  55,  offered  by  Mr.  Potter.  Are  you  ready 
for  the  question?  All  in  favor  of  the  motion  will  say  aye; 
those  opposed,  no.  The  noes  have  it,  the  motion  is  lost. 

Mr.  MORGAN.  If  in  order,  I  would  like  to  offer  a  reso- 
lution. I  appreciate  the  force  of  the  remarks  of  the  gentle- 
man from  Fremont,  but  notwithstanding  that  I  desire  to  offer 
a  resolution,  which  will  not  change  the  rules. 

Mr.  PRESIDENT.  If  there  is  no  objection,  the  notice  will 
be  received  and  read. 

Morgan's  Resolution. — All  members  shall  be  limited  to  fif- 
teen minutes  for  their  first,  and  five  minutes  for  their  second 
speech,  on  any  question. 

Mr.  PRESIDENT.  If  I  understand  it  correctly  this  is  in- 
tended as  a  notice  to  amend  rule  41.  The  notice  will  be  re- 
ceived, and  lie  on  the  table  as  required  on  our  rules.  What 
is  the  pleasure  of  the  convention? 

Mr.  POTTER.  I  don't  think  my  amendment  which  was 
offered  took  up  the  time,  of  the  house,  so  far  as  making  the 
amendment  was  concerned.  I  will  admit  publicly  that  I  don't 
consider  myself  nearly  as  competent  to  observe  these  rules 
as  my  distinguished  friend  from  Fremont.  I  have  not  given 
them  the  study,  and  cannot  take  up  my  time  doing  so.  When 
this  question  of  rules  was  up  before  the  convention  I  consid- 
ered, and  still  consider  that  a  proposition  of  more  than  one 
section  ought  to  be  considered  by  a  single  section.  The  con- 
vention has  decided  that  it  is  not.  However,  I  see  the  force 
of  the  argument  the  other  way,  that  we  can  make  our  amend- 
ment in  committee  of  the  whole.  I  offered  this  amendment 
because  I  thought  it  was  a  good  thing,  and  not  with  any  wish 
to  delay  business  at  all. 

Mr. 'JOHNSTON.  If  in  order  at  this  time,  I  would  like  to 
call  a  meeting  of  the  irrigation  committee  for  Tuesday  even- 
ing in  the  committe  room  to  the  left  here.  Lights  will  be  pro- 
vided, and  we  desire  all  parties  who  wish  to  meet  that  com- 
mittee to  do  so  on  that  evening. 


PROCEEDINGS  AND  DEBATES.  335 

Mr.  HAY.     Mr.  President. 

Mr.  PRESIDENT.    The  gentleman  from  Laramie,  Mr.  Hay. 

Mr.  HAY.  If  there  is  nothing  else  to  engage  the  atten- 
tion of  the  house,  I  would  like  to  offer  a  proposition. 

Mr.  PRESIDENT.  The  gentleman  from  Laramie,  Mr.  Hay, 
asks  the  unanimous  consent  of  the  house  to  introduce  a  prop- 
osition. Is  there  any  objection.  The  chair  hears  none,  the 
proposition  will  be  received  and  read. 

SECRETARY.    File  No.  79,  by  Mr.  Hay. 

Mr.  PRESIDENT.  Will  the  "gentleman  indicate  the  com- 
mittee to  which  he  wishes  it  referred? 

Mr.  HAY.  I  think  it  should  go  to  the  committee  on  bill 
of  rights. 

Mr.  PRESIDENT.  Proposition  No.  79,  bv  Mr.  Hay,  will 
be  referred  to  committee  No.  1,  on  preamble  and  bill  of  rights, 
unless  otherwise  ordered.  There  being  no  objection,  it  is  so 
ordered. 

Mr.  RIXER.     If  there  is  no  further  business  before  the 
house,  I  move  we  adjourn  until  ten  o'clock  Monday. 

Mr.  IRVINE.,     Second  the  motion. 

Mr.  HOYT.  I  would  suggest  that  it  be  made  half  past  ten 
so  that  those  who  are  out  of  town  can  get  in  in  time. 

Mr.  CON  AW  AY.  I  would  ask  permission  to  call  a  meet- 
ing of  the  judiciary  committee  immediately  after  adjournment. 

Mr.  GRANT.  The  committee  on  taxation  and  public  debt 
will  please  meet  after  adjournment  to  arrange  for  a  meeting. 

Mr.  JEFFREY.  I  would  like  to  give  the  same  notice  to 
committee  No.  5. 

Mr.  BARROW.  Will  committee  No.  14  please  meet  im- 
mediately after  adjournment. 

Mr.  FERRIS.  Committee  No.  10  will  please  meet  as  soon 
as  we  adjourn. 

Mr.  PRESIDENT.  It  is  moved  and  seconded  that  we  do, 
now  adjourn  until  half  past  ten  o'clock  Monday.  Are  you* 
ready  for  the  question?  All  in  favor  of  the  motion  will  say 
aye;  those  opposed,  no.  The  ayes  have  it,  the  convention, 
stands  adjourned  until  Monday  morning. 


THIRTEENTH  DAY. 

MORNING  SESSION. 

Monday,   Sept.   16th,   1889. 

Convention  assembled  at  10:30  o'clock,  assistant  secretary 
Glafcke  called  the  meeting  to  order  in  the  absence  of  the 
president. 


320 


CONSTITUTIONAL  CONVENTION. 


ASST  SECRETARY.  The  convention  will  proceed  to  ap- 
point a  president  pro  tem. 

Mr.  CAMPBELL.  I  move  that  Mr.  Teschemaeher  be  called; 
to  the  chair  to  preside. 

Mr.  GRANT.     Second  the  motion. 

ASST  SECRETARY.  Mr.  Teschemaeher  has  been  named; 
as  president  pro  tem.  All  in  favor  of  the  motion  will  say  aye;- 
contrary,  no.  The  ayes  have  it,  Mr.  Teschemaeher  will  please? 
take  the  chair. 

Mr.  PRESIDENT.  The  convention  will  please  come  to 
order.  The  secretary  will  call  the  roll. 

(Roll  call.) 

Mr.  PRESIDENT.     The  secretary  will  read  the  journal. 

(Reading  of  the  journal.) 

Mr.  PRESIDENT.  You  have  heard  the  reading  of  the 
journal;  are  there  any  corrections?  The  chair  hears  noney 
it  will  stand  approved. 

Presentation  of  petitions  and  memorials. 

Presentation  of  propositions  and  resolutions. 

As  there  seem  to  be  no  propositions  this  morning,  the  next 
thing  is  the  reports  of  standing  committees,  are  there  any  this 
mornig.  The  secretary  will  read  the  reports  in  the  order  pre- 
sented. 

SECRETARY.     Report  of  committee  No.  10. 

(See  journal,  page  61.) 

Mr.  GRANT.    I  move  the  report  be  referred  to  the  print- 
ing committee  and  ordered  printed. 
•     Mr.  POTTER,    Second  the  motion. 

Mr.  PRESIDENT.  Gentlemen,  you  have  heard  the  motion; 
are  you  ready  for  the  question?  All  in  favor  of  this  file  bein£> 
referred  to  the  printing  committee  will  so  signify  by  saying- 
aye;  contrary,  no.  The  ayes  have  it,  it  is  so  referred. 

Mr.  ELLIOTT.  It  is  'only  the  substitute  offered  by  the- 
committee  that  is  ordered  printed,  is  it  not? 

Mr.  PRESIDENT.     It  is  so  understood. 

SECRETARY.     Report  of  committee  No.  16. 

(See  journal,  page  61.) 

Mr.  PRESIDENT.  Gentlemen,  you  have  heard  the  report 
of  your  committee,  what  is  your  pleasure? 

Mr.  GRANT.  I  move  it  be  referred  to  the  printing  commit- 
tee and  ordered  printed. 

Mr.  MORGAN.    Second  the  motion. 

Mr.  PRESIDENT.  It  is  moved  and  seconded  that  the  re- 
port be  referred  to  the  printing  committee.  Are  you  ready  for 
the  question?  All  in  favor  of  so  referring  it  will  so  signify  by 
sj lying  a\v;  contrary  minded  no.  The  ayes  have  it;  it  is  so  re- 
ferred. 

SECRETARY.    Report  of  Committee  No.  4. 
(See  journal  page  61.) 


PROCEEDINGS  AND  DEBATES. 


327 


Mr.  PRESIDENT.    You  have  heard  the  report  of  your  com- 
mittee; what  is  your  pleasure? 

Mr.  CON  AW  AY.  In  regard  to  this  report,  the  main  pro-i 
visions,  or  the  main  subject  of  this  report,  the  organization 
of  our  courts,  is  a  question  upon  which  I  understand  this  con- 
vention is  divided  in  opinion,  and  it  may  facilitate  business- 
to  discuss  that  proposition  now  as  to  the  organization  of  our; 
supreme  court,  and  if  the  convention  does  not  agree  with  the 
report  of  the  committee,  it  would  facilitate  business  to  have- 
them  say  so  now,  and  refer  the  matter  back  to  the  committee- 
with  instructions  as  to  what  they  do  wish  in  regard  to  this 
matter.  I  say  this  because  we  have  recommended  the  estafc- 
lishmerit  of  a  separate  supreme  court,  consisting  of  different 
judges  from  those  who  constitute  the  judges  of  the  district 
courts.  I  know  there  is  a  difference  of  opinion  as  to  the  pol-. 
icy  of  that  method,  or  that  organization  of  our  courts,  the 
principal  objection  being  that  very  important  one  of  economy. 
If  a  majority  of  the  convention  is  not  in  favor  of  a  separate 
supreme  court  and  so  expresses  their  opinion,  and  wish  the 
present  system  of  a  supreme  court  to  be  adopted,  that  is,  mak- 
ing the  judges  of  the  district  court  judges  of  the  supreme? 
it  would  facilitate  business  to  have  the  matter  referred  back; 
at  once  to  the  committee  with  recommendations  to  that  effect. 
We  are  not  aware  what  the  wishes  of  the  majority  of  the  con- 
vention are,  and  if  this  matter  takes  the  usual  course,  and 
we  refer  it  to  the  printing  committee  now,  we  cannot  get  it 
back  until  to-morrow,  and  perhaps  if  it  is  amended  in  com- 
mittee of  the  whole,  or  referred  back  to  the  judiciary  commit- 
tee for  revision  after  that  it  will  take  at  least  one  additional 
day,  and  it  seems  to  me  that  t  would  be  a  matter  of  expediency 
to  have  an  expression  of  opinion  upon  its  main  feature  at  this 
time,  as  to  whether  or  not  a  separate  supreme  court  is  desired. 

Mr.  GRANT.  I  move  the  report  of  the  committee  be  read 
so  that  we  may  know  something  about  what  we  are  discuss- 
ing. 

Mr.  ELLIOTT.  I  move  that  the  report  be  referred  to  the 
committee*  of  the  whole,  and  have  its  merits  discussed  there, 
and  if  they  see  fit,  they  can  refer  it  back  to  the  judiciary  com- 
mittee. 

Mr.  CAMPBELL.     Second  the  motion. 

Mr.  PRESIDENT.  It  is  moved  and  seconded  ,that  the 
report  of  committee  No.  4,  be  referred  to  the  committee  of 
the  whole.  Are  you  ready  for  the  question?  All  in  favor  of 
so  referring  will 'so  signify  by  saying  aye;  contrary  minded, 
no.  The  ayes  have  it  and  it  is  so  referred. 

Are  there  any  reports  of  special  committees? 

Mr.  JOHNSTON.  J,  would  like  to  state  that  the  senate  com- 
mittee which  we  expected  here  on  Wednesday  will  arrive  to- 
morrow at  about  twelve  o'clock,  and  they  have  requested  that 
thev  have  a  meeting  here  of  as  large  a  number  of  parties- a',s 


328  CONSTITUTIONAL  CONVENTION. 

we  ran  secure,  and  I  would  suggest  that  this  hall  be  placed  at 
iheir  disposal  to-morrow  afternoon,  as  soon  after  their  arrival 
here  as  possible.  I  suppose  a  great  number  of  members  wish 
to  attend  the  races  to-morrow  afternoon  about  four  o'clock. 
1  suggest  that  we  have  a  meeting  herei  up  to  that  tune  and 
make  provision  for  taking  them  to  the  fair  grounds,  if  they 
should  care  to  go.  I  make  a  motion  that  the  use  of  this  hail 
be  tendered  them  for  to-morrow  afternoon. 

Mr.  <1  AM  I 'BELL.     Second  the  motion. 

Mr.  PRESIDENT.  It  seems  to  me  that  you  will  have  to 
make  it  a  special  order,  that  this  hall  be  tendered  to  the  use 
of  this  senate  committee  and  not  used  at  alt  for  the  conven- 
tion. Ts  that  the  wish  of  the  special  committee? 

Mr.  JOHNSTON.    I  think  it  ~is  the  sense  of  all  the  mem 
bers,  and  that  they  be  given  the  freedom  of  the  floor,  and  I 
believe  that  it  is  the  sense  of  all  that  they  be  invited  here  to 
address  us. 

31r.  COFFEEN.  I  think  the  matter  should  be  carefully 
considered,  so  that  the  committee  on  reception  may  know  just 
what  is  desired. 

Mr.  PRESIDENT.  It  is  moved  and  seconded  that  this 
hall  be  tendered  by  the  convention  to-morrow  afternoon  to  the 
senate  committee  on  irrigation.  In  that  case  the  gentlemen 
will  understand  that  this  convention  will  either  have  to  ad- 
journ to-morrow  afternoon,  or  hunt  up  some  other  hall. 

Mr.  JOHNSTON.  The  idea  I  intended  to  convey  was  that 
the  convention  be  in  session  when  the  senate  committee  ar- 
rives, and  tender  them  the  use  of  the,  hall  at  that  time. 

Mr.  MORGAN.  I  would  sugest  that  the  convention  do  not 
tidjourn  to-morrow  afternoon,  but  that  it  assemble  here  at 
the  hour  when  the  senate  committee  is  expected  to  arrive, 
and  then,  of  course  adjourn  as  soon  after  we  have  received 
them  as  may  be  deemed  advisable.  The  idea  is  to  receive 
them  formally  as  a  convention,  with  the  president  in  the 
c-hair. 

Mr.  PRESIDENT.  The  trouble  with  all  the  suggestions 
is  just  this.  That  by  unanimous  vote  of  this  convention,  to- 
morrow has  been  made  special  order  for  file  No.  68,  on  suf- 
frage and  elections,  consequently  that  being  the  special  order 
on  that  day,  you  will  have  to  do  away  with  that  before  you 
•can  take. any  other  action. 

Mr.  BAXTER.  Would  it  not  naturally  follow  that  after  the 
transaction  of  the  routine  business,  the  next  thing  would  be 
ilit-  consideration  of  the  special  order  of  the  day.  It  seems 
i<>  me  that  that  would  be  the  case,  and  this  matter  will  prop- 
erly come  up  and  be  discussed  the  first  thing  tomorrow,  and  if 
we  don't  gel  through  with  it  then,  it  Would  bo  the  first  thing 
in  order  for  discussion  when  we  assemble  again.  I  certainly 
think  it  would  come  up  for  consideration  the  first  thing  to- 
morrow forenoon. 


PROCEEDINGS  AND  DEBATES. 

Mr.  POTTER.  There  is  only  one  objection  which  occurs 
•to  my  mind  and  that  is  this.  If  we  adjourn  with  the  under- 
standing that  we  are  to  assemble  at  any  hour  which  they 
may  appoint  to  meet  us,  if  they  are  pressed  for  time  they  may 
designate  to-morrow  night  for  the  hour  of  meeting,  and*  I  aiij 
opposed  to  giving  up  to-morrow  night  to  the  senate  committee. 
Mr.  JOHNSTON.  The  senate  committee  have  decided  to 
remain  here  only  over  to-morrow.  They  disband  here  Wed- 
nesday morning,  and  it  was  at  their  request  that  we  meet 
them  to-morrow  afternoon. 

Mr.  CAMPBELL.  I  would  suggest  that  in  as  much  as 
there  is  a.  committe  appointed  to  arrange  for  the  reception 
of  this  senate  committee,  it  might  be  better  to  have  the  chair- 
man of  that  committee  make  a  report,  and  incorporate  in  that 
report  whatever  plans  the  committee  may  deem  it  best  to 
make,  and  have  the  matter  come  before  the  convention  in 
that  shape. 

Mr.  PRESIDENT.  The  special  committee  have  made  a 
verbal  report  through  their  chairman.  Is  there  any  further 
discussion  on  the  matter. 

Mr.  ELLIOTT.     In  order  to  bring  the  matter  before  the 
convention,  I  move  that  wThen  this  convention  adjourn  to-mor- 
row that  it  take  a  recess  until  7:30  in  the  evening. 
Mr.  GRANT.    Second  the  motion. 

Mr.  PRESIDENT.  It  is  moved  and  seconded  that  when 
this  convention  do  adjourn  to-morrow  it  take  a  recess  until 
7:30  to-morrow  evening.  Are  you  ready  for  the  question? 

Mr.  MORGAN.  I  trust,  Mr.  President,  that  this  motion  will 
not  prevail.  It  seems  to  me  the  better  plan  w-onld  be  some- 
thing like  this.  Let  us  continue  our  business  to-morrow,  the 
convention  holding  the  hall  tomorrow  forenoon.  Let  the 
convention  invite  these  gentlemen  here,  at  whatever  hour  they 
may  desire,  and  let  the  convention  be  in  session  and  receive 
them  at  that  time.  It  would  not  be  the  proper  thing  at  all 
to  invite  them  here  and  have  nobody  here  to  receive  them,  and 
I  am  satisfied  that  will  be  the  case  if  this  motion  should  pre- 
vail. 

Mr.  CONAWAY.  I  think  that  the  intention  of  the  gentle- 
man who  made  the  original  motion:,  and  the  gentleman  who 
offered  the  amendment,  is  the  same.  The  necessity  of  our 
acting  upon  this  matter  now  is  that  this  committee  on  recep- 
tion shall  understand  if  this  hall  is  to  be  the  place  for  re- 
ceiving this  senate  committee  on  irrigation.  The  hour  of 
their  reception  seems  to  be  the  only  matter  that  we  have  any 
difference  of  opinion  about.  I  assume  that  there  is  not  a  niem- 
"ber  of  this  convention  who  would  vote  in  favor  of  a  recess, 
and  then  be  absent  at  the  hour  appointed  for  re-assembling. 
I  think,  Mr.  President,  the  proper  way  to  receive  this  commit- 
tee is  for  the  convention  to  be  in  session  and  the  president  in 


330  CONSTITUTIONAL  CONVENTION. 

the  chair,  and  I  desire  to  offer  an  amendment  to  the  amend- 
ment, and  move  that  this  convention  do  receive,  this  senatej 
committee  in  this  hall  at  the  hour  set  by  the  committee  on 
reception. 

Mr.  CAMPBELL.    Second  the  motion. 

Mr.  PRESIDENT.  It  is  moved  and  seconded  that  this  con- 
vention do  receive  this  senate  committee  on  irrigation  in  this 
hall  at  the  hour  suggested  by  this  special  committee.  Are 
3rou  ready  for  the  question? 

Mr.  BAXTER.  I  fully  agree  with  the  sentiments  just  ex- 
pressed by  the  gentleman  from  Laramie  and  the  gentleman 
from  Sweetwater  as  to  the  method  that  should  be  pursued 
in  receiving  this  committee,  but  I  do  not  think  that  either 
suggestion  will  accomplish  the  purpose  desired.  I  hope  that 
when  we  adjourn  this  afternoon  the  adjournment  will  be  taken 
until  nine  o'clock  to-morrow  morning,  in  order  that  we  can 
in  that  way  get  in  some  work  to-morrow  that  will  not  be  en- 
tirely wasted,  on  the  special  order  of  the  day,  and  I  think  it 
would  be  best  to  leave  the  fixing  of  any  hour  for  the  reception 
of  this  senate  committee  until  some  time  during  tomorrow  fore- 
noon, when  we  shall  have  more  explicit  information  as  to  the 
hour  of  their  arrival. 

Mr.  PRESIDENT.  Are  you  ready  for  the  question?  All 
those  in  favor  of  the  motion  will  say  aye;  contrary  minded 
no.  The  ayes  have  it;  the  amendment  is  carried.  Inasmuch 
as  the  amendment  to  the  amendment  is  carried,  and  as  it 
entirely  takes  the  place  of  either  the  amendment  to  the  orig- 
inal motion,  or  the  original  motion  itself,  no  other  need  be 
put.  Any  more  reports  of  special  committees. 

Mr.  PRESIDENT.  There  is  nothing  on  the  general  file 
this  morning  but  the  report  of  Committee  No.  4.  What  is 
your  pleasure,  gentlemen? 

Mr.  ELLIOTT.  I  move  we  now  resolve  ourselves  into  com- 
mittee of  the  whole  for  consideration  of  the  report  of  com- 
mittee No.  4. 

Mr.  BAXTER,     Second  the  motion. 

Mr.  PRESIDENT.  It  is  moved  and  seconded  that  this  con- 
vention now  resolve  itself  into  committee  of  the  whole  fotf 
consideration  of  the  report  of  committee  No.  4.  Are  you  ready 
for  the  question?  All  in  favor  of  the*  motion  will  so  signify! 
by  saying  aye;  contrary  minded,  no.  The  ayes  have  it.  The 
president  will  call  to  'the  chair,  Mr.  Coffeen  of  Sheridan 
county. 

Mr.  CHAIRMAN.  Gentlemen,  you  are  now  in  committee 
of  the  whole  for  consideration  of  the  report  of  committee  No. 
4,  judiciary.  What  is  your  pleasure? 

"Mr.  CAMPBELL.  I  would  like  to  hear  that  report  read 
as  I  don't  know  what  it  contains. 

g  of  report  of  committee  No.  4.) 


PROCEEDINGS  AND  DEBATES.  331 

Mr.  CAMPBELL.  I  don't  rise  to  make  any  amendment. 
As  I  understand  the  reading  of  that  report  there  is  no  proviss 
ion  for  an  emergency  where  a  vacancy  occurs  on  the  supremq 
bench,  there  is  no  way  provided  for  filling  an  imexpired  term. 
Now,  the  intention  of  that  report  no  doubt  is  not  to  have  two 
judges  elected  at  one  election;  now,  a  vacancy  might  occur 
so  that  two  judges  might  have  to  be  elected  at  one  time,  or 
all  three  might  go  out  at  the  same  time,  something  might 
happen,  and  something  ought  to  be  put  in  there  so  that  when' 
a  judge  dies,  resigns,  or  is  removed,  that  the  governor  should 
have  power  to  appoint  someone  to  serve  until  the  next  elec- 
tion. My  idea  is  not  very  clear  about  it,  as  I  don't  remembeir 
just  what  is  provided  for  from  hearing  the  bill  read  over  once. 

Mr.  TESCHEMACHER.  I  think  the  gentleman  has  for- 
gotten why  we  went  into  committee  of  the  whole.  We  can't 
be  expected  to  remember  this  whole  judiciary  bill  and  con- 
sider it  without  its  being  printed.  We  went  into  committee 
of  the  whloe  to  decide  the  question  whether  this  convention 
wanted  to  have  a  separate  supreme  court  or  not,  <md  if  not, 
to  refer  back  the  bill  to  the  judiciary  committee  to  make  an- 
other bill.  That  is  all  we  went  into  committee  of  the  whole 
for. 

Mr.  CHAIRMAN.  The  last  statement  is  correct.  The  pur- 
pose for  which  this  Avas  referred  to  the  committee  of  the 
whole,  was  to  get  the  sense  of  this  convention  on  the  separate1 
supreme  court  question. 

Mr.  OONAWAY.  I  made  the  suggestion  that  that  point 
be  considered  by  this  com^ention  at  the  present  time  in  order 
to  expedite  business.  The  question  the  gentleman  has  just 
raised  will  come  up  among  various  other  points  which  will 
come  up  in  discussion  later.  But  what  we  want  now  is  to 
get  the  sense  of  this  convention  we  are  to  adopt  a  separate 
supreme  court  for  the  organization  of  our  judiciary.  If  that 
is  the  sense  of  this  convention,  then  let  us  refer  this  propo- 
sition to  the  printing  committee,  but  if  this  convention  does 
not  want  to  adopt  that  system  in  the  organization  of  our  judi- 
ciary, (but  want  the  supreme  court  to  consist  of  the  district 
judges,  then  this  report  will  have  to  be  modified,  and  I  think  it 
can  be  done  more  expeditiously  to  refer  it  back  at  once  to  the 
committee  on  judiciary  than  to  consider  it  here  in  committee 
of  the  whole. 

Mr.  MORGAN.  I  desire  to  ask  the  legal  fraternity  to  ex- 
plain to  this  committee  of  the  whole  the  advantages  of  a  sep- 
arate supreme  court,  the  additional  expense  and  such  other 
matters  as  they  may  be  able  to  state,  and  what  are  the  chief 
objections  to  it. 

Mr.  CHAIRMAN.  I  would  prefer  that  the  discussion  and 
explanations  for  and  against  should  be  done  to  a  motion. 


332  CONSTITUTIONAL  CONVENTION. 

Mr.  TKSrHEMAOHER.  To  bring  this  question  before 
this  commit  roe  I  move  when  this  committee  rise,  it  report  back 
to  this  convention  the  report  of  committee  No.  4,  with  the  rec- 
ommendation that  it  be  printed.  That  motion  being  carried, 
would  signify  that  we  are  ready  to  take  that  as  a  subject  for 
discussion. 

Mr.  RINER.     Second  the  motion. 

Mr.  CIT AIRMAN.    Are  yon  ready  for  the  question? 

Mr.  COXA  WAY.  If  this  convention  recommend  the  print- 
ing of  the  report  as  made,  it  will  be  an  expression  of  their  opin- 
ion that  they  will  consider » the  judiciary  system  in  the  main 
as  provided  for  in  that  report.  Then  we  shall  have  a  separate 
supreme  court,  consisting  of  judges  separate  and  distinct  from 
the  judges  of  the  district  courts  of  the  proposed  state  of  Wyo- 
ming. It  has  been  suggested  that  we  discuss  briefly  at  the 
present  time  the  different  considerations  which  may  be  in 
favor  of  this  system  of  judiciary,  and  those  which  may  be 
urged  against  it.  In  considering  the  matter  in  my  own  mind 
as  to  the  considerations  which  may  properly  be  urged  against 
this  system  of  judiciary  embodied  in  the;  report,  I  could  con- 
ceive of  no  single  consideration  which  carries  any  weight 
against  it,  except  the  single  one  of  economy.  Now',  in  regard 
to  that  consideration  it  is  a  very  important  one  with  us  at, 
present,  I  admit,  but  is  it  of  importance  enough  to  outweigh 
the  considerations  in  favor  of  the  proposed  system?  I  ain 
aware  that  some  persons  are  disposed  to  look  upon  this  prop- 
osition as  a  kind  of  pet  scheme  of  the  lawyers,  in  which  the 
general  public  have  not  much  interest.  Nothing  can  be  more 
erroneous  than  that.  The  attorneys  in  the  district  courts  and 
supreme  courts,  in  any  objection  which  they  may  have  to  a 
different  system  of  adjudicature,  are  merely  the  representa- 
tives of  the  public  at  large ;  their  interests  are  not  separate  or 
distinct  from  those  of  the  general  public,  and  what  they  do 
or  say  in  criticism  of,  or  in  reference  to  these  courts,  they 
speak  as  the  representatives  of  the  general  public,  and  what 
is  for  the  benefit  of  the  general  public  is  for  the 
benefit  of  the  attorneys.  The  only  object  of 
'bavins:  a  supeme  court  is  to  have  the  benefit  of  a 
different  tribune,  of  a  higher  and  better  tribune  than  the  one 
which  had  jurisdiction  to  try  the  case  originally.  It  has  been 
the  experience  of  us  lawyers  on  the  committee,  that  in  order 
to  get  a  fair  and  unbiased  consideration,  or  reconsideration 
of  a  question  decided  by  a  court  of  law,  in  order  to  hn\v  a 
real  reconsideration  of  the  question  of  law  decided  by  the 
lower  courts,  it  is  necessary  to  have  a  separate  supreme  court. 
The  judges  of  the  district  court  are  men  of  the  highest  integ- 
rity, men  of  great  ability,  learned  in  the  law,  but  a  judge  hav- 
ing made  up  his  mind  once  upon  a  question,  it  will  be  very 
apparent  to  erery  man,  whether  an  attorney  or  not,  that  he 


PROCEEDINGS  AND  DEBATES.        • 

stands  in  a  very  different  position  to  the  question  than  a  judge, 
of  no  superior  learning,  but  a  judge  who  has  not  made  up  iris 
mind  on  that  question,  and  it  is  surprising  how  many  questions- 
there  are  upon  which  judges  honestly  differ.  It  is  absurd  to  say 
this  separate  supreme  court  is  in  the  interest  of  lawyers,  it  is 
simply  in  the  interest  of  the  ligitants,  which  means  the  gen- 
eral public.  How  often  it  becomes  important  to  parties  in 
defending  their  rights  to  have  an  appellant  court  to  pass  upon 
questions  of  the  law  which  have  been  passed  upon  by  the 
courts  below.  It  is  not  important  to  the  lawyers  merely, 
b"t  to  ihi  sroTL:rni  pnO^c  tint  we  sho  M  have  an  appellant 
court,  free  from  a  suspicion  of  bias  in  favor  of  either  of  the 
parties  to  an  appealed  case.  Now,  the  question  of  economy 
com«*s  up  in  opposition  to  these  considerations  which  must 
be  recognized  as  valid  by  all  our  citizens.  The  question  of 
economy  is  important,  but  we  must  remember  that  we  don't 
expect  always  to  be  poor.  In  order  to  cut  off  part  of  the  ex- 
pense, we  have  agree  that  the  office  of  attorney  general  shall 
be  dispensed  with.  We  have  agreed  also  to  reduce  the  sala- 
ries of  the  judges  from  three  thousand  dollars,  as  at  present, 
to  twenty-five  hundred  dollars  per  annum,  which  will  shut  off 
a  portion  of  the  expense,  and  we  have  agreed  to  recommend 
to  the  convention,  and  through  them  to  the  people  of  the  pro- 
posed state  of  Wyoming,  that  the  object,  thei  main  object  of 
having  a  separate  supreme  court,  is  of  more  value  to  the  peo- 
ple of  the  proposed  state,  that  the  points  in  favor  of  the  ac- 
ceptance of  the  proposed  system,  far  outweigh  any  considera- 
tions which  may  be  offered  against  it. 

Mr.  POTTER  With  re-ference  to  some  portions  of  this 
report,  it  is  but  just  to  say  that  this  report  has  been  hastily 
drawn  up  after  formal  and  informal  discussions  between  mem- 
bers of  the  committee,  and  that  few  of  the  committee  have' 
seen  this  report  as  Inally  formulated.  The  main  provisions 
of  the  report  very  many,  a  majority  in  fact,  of  the  committee 
have  agreed  to,  but  there  may  be  some  minor  matters  in  the 
report  to  which  they  object.  Now,  in  regard  to  this  supreme 
court  question,  I  desire  to  say  a  few  words.  While  my  inclin- 
ation owing  to  the  abuse  which  I  believe  comes  generally  from 
the  joining  of  district  judges  with  the  duties  of  justices  of  the 
supreme  court,  is  in  favor  of  an  independent  court,  while  I 
believe  that  that  is  the  greatest  safeguard  to  the  public,  if 
we  are  going  to  have  any  supreme  court  at  all,  yet  on  this  mat- 
ter I  believe  I  stand  in  such  a  position  that  I  can  vote  upon 
this  measure  with  a  desire  only  to  adopt  that  system  which 
would  be  the  best  for  the  people  of  the  new  state,  all  things 
considered,  and  say  that  if  it  be  thought,  or  if  I  shall  be  con- 
vinced that  the  economical  question  is  one  that  appeals  more 
strongly  than  any  other  to  the  people  ,  I  believe  I  stand  where 


334  '       CONSTITUTIONAL  CONVENTION. 

I  can  forego  my  inclinations  about  the  matter.  This  is  in  nir 
j ndgment  one  of  the  most  important  questions  that  will  come 
before  this  body.  Now,  with  reference  to  the  economical  ques- 
tion, and  that  is  all  I  care  to  speak  about.  Every- 
one will  admit,  I  think  the  convention  would  be 
ready  to  adopt,  in  case  we  had  our  district  judges 
also  judges  of  the  supreme  court,  to  adopt  four  judges  instead 
of  three.  Then  we  would  have  four  judges  in  the  territory 
who  would  also  be  judges  of  the  supreme  court,  who  would  be 
paid  not  less  than  three  thousand  dollars  each,  and  who  would 
be  elected  from  their  district.  That  would  be  four  judges.  It 
would  then  probably  be  provided  that  the,  judge  who  decided 
the  case  in  the  lower  court  could  take  no  part  in  the  argument 
in  the  supreme  court.  Now,  as  against  that  proposition,  econ- 
omically considered,  it  would  provide  for  two  more  judges  than 
the  other  system  would  do  under  any  circumstances,  I  take 
it.  Now,  the  proposition  embodied  in  the  report  of  the  com- 
mittee provides  that  the  salary  of  the  judges  shall  not  be  less 
than  twenty-five  hundred  dollars  a  year.  I  know  that  this  does 
not  meet  the  ideas  of  some  of  the  members  of  the  committee, 
who  think  that  is  a  small  salary  for  a  judge  who  attends  to 
his  duties  and  has  any  thing  to  do.  He  cannot  do  anything 
else,  cannot  practice  his  profession  if  he  goes  on  the  bench. 
Three  judges  at  twenty-five  hundred  a  year  would  be  at  an 
expense  of  seventy-five  hundred  dollars  a  year  as  against  the 
other  system,  so  that  in  considering  this  question  economi- 
cally I  think  we  need  go  no  further.  I  don't  believe,  although 
it  has  been  said  that  the  extra  expenses  of  this  supreme  court 
will  be  considerable.  I  don't  believe  that  the  extra  expense  will 
be  more  than  six  thousand  dollars.  That  is  the  way  it  appears 
to  me. 

Mr.  CAMPBELL.  I  believe  it  has  been  said  that  the  law- 
yers in  this  convention  have  been  talking  too  much,  but  as  this 
is  a  question  which  they  are  pretty  wrell  informed  about,  I  sup- 
pose the  convention  wants  to  hear  from  the  attorneys,  about 
it.  especially  those  who  are  on  the  judiciary  committee.  The 
supreme  court  as  at  present  organized  provides  for  three  judges 
who  shall  be  what  is  known  as  judges,  and  also  supreme  court 
judges.  Now,  you  try  a  case  before  the  district  court,  before 
one  of  these  judges,  the  party  may  feel  that  justice  has  not 
"been  done  him,  and  he  appeals  his  case  to  these  three  judges 
who  constitute  the  sopreme  court.  No\v,  he  goes  to  that 
supreme  court  with  one  judge  against  him.  That  is,  if  he  is 
a  ji'ood  judge,  and  no  person  has  any  business  to  be  a  judge 
unless  lie  is  a  good  judge,  and  under  the  present  system  you 
make  your  appeal  to  a  court  one-third  of  whose  members  are 
dead  against  you  when  you  make  your  appeal.  What  show  has 
the  defeated  party  got?  In  certain  cases  you  can  go  to  the 
supreme  court  of  the  United  States,  but  in  cases  involving  life 


PROCEEDINGS  AND  DEBATES. 

.and  liberty  you  cannot  appeal  to  the  United  States  supreme 
court  unless  there  has  been  a  radical  departure  from  all  forms 
and  practices  of  law.  Property  is  dear  to  a  man,  but  his  life 
and  liberty  are  dearer.  You  try  your  case  before  a  judge  of 
the  lower  court,  say  it  is  a  murder  case,  where  life  is  involved 
the  man  feels  he  has  not  been  justly  dealt  with,  and  he  appeals 
his  case  to  the  supreme  court,  one  of  whose  members  is  dead 
against  him.  What  show  has  that  man  got  before  that  court 
with  one  judge  already  against  him?  Take  it  in  the  matter 
of  property,  you  cannot  go  to  the  supreme  court  of  the  United 
States,  under  a  law  recently  passed  by  congress,  unless  the 
interests  involved  in  the  suit  amout  to  over  five  thousand  dol- 
lars, or  unless  the  suit  involves  the  validity  of  some  United 
States  law.  Now,  ninety-  five  per  cent  of  the  criminal  busi- 
ness brought  Avithin  the  territory  of  Wyoming,  and  which  will 
be  brought  in  the  state  of  Wyoming,  must  stop  at  the  supreme 
court  of  the  territory  when  you  get  it  there;  it  cannot  go  fur- 
ther. Now,  there  is  no  use  in  appealing  you  may  say,  gen- 
tlemen, you  who  are  familiar  with  this  subject,  that  you  can- 
not understand  why  a  man  cannot  get  justice  in  the  supreme 
court  as  at  present  constituted.  I  will  give  you  an  illustration 
why  you  cannot,  About  six  months  ago,  Mr.  Potter  and  his 
partner  brought  a  suit  in  tha  Third  Judicial  District,  before 
Judge  Corn,  involving  the  Ticknor-Edmunds  law.  There  is  a 
provision  in  that  law  which  provides  for  the  right  of  dower; 
that  all  married  women  shall  have  the  right  of  dower.  It  is 
well  known  that  the  right  of  dower  does  not  exist  here,  it  does 
exist  at  common  law,  but  has  been  abolished  by  statute  here 
in  Wyoming.  This  law,  the  Ticknor-Edmunds  law,  was  adopt- 
ed to  protect  the  first  wife  of  the  Mormon.  Now,  my  friends 
thought  that  while  the  statute  was  a  little  ambiguous,  they 
believed  that  the  right  of  dower  did  exist  in  the  territory 
and  they  brought  a  suit  in  the  Third  Judicial  District,  before 
Judge  Corn,  for  Mrs.  France,  widow  of  the  late  James  France, 
who  made  an  assignment  shortly  before  his  death,  with  the 
request  that  her  dower  interest  be  set  aside  in  the  real  estate. 
That  case  was  argued  before  Judge  Corn.  Judge  Corn  sits  in 
the  next  supreme  court  of  the  territory  of  Wyoming.  His  mind 
is  made  up ;  there  is  no  use  appealing  to  him.  Mr.  Van  Devan- 
ter  is  the  chief  justice  of  the  territory,  and  can  take  no  part 
in  that  suit  whatever.  Now  there  is  no  necessity  for  Mrs. 
France  or  her  attorneys  appealing  that  case  to  the  supivim 
court  unless  it  involves  over  five  thousand  dollars,  and  they 
intend  to  take  it  to  the  supreme  court  of  the  United  States. 
It  is  well  known  to  all  lawyers  that  where  you  appeal  to  a 
court  which  consists  of  three  members,  that  unless  two  of  the 
judges  decide  that  the  lower  judge  was  wrong  the  decision 
stands  affirmed.  Judge  Corn  in  this  case  has  made  up  his 
mind,  he  has  decided  adversely  to  their  client's  interests;  Judge 


336  CONSTITUTIONAL  CONVENTION 

Van  Devanter  can  take  no  part,  Suppose  Judge  Sauiiy,  the- 
other  member  of  the  supreme  court,  should  say  Judge  Corn 
\v;is  wrong,  the  decision  of  Judge  Corn  stands  affirmed  be- 
cause only  one  judge  says  he  is  wrong.  There  are  a  number 
of  cases  of  that  kind.  What  kind  of  a  court  is  it  that  is  con- 
stituted in  that  way?  What  rights  have  ligitants?  It  is  not 
the  lawyers  who  are  interested  in  this  at  all;  it  is  the  persons 
who  have  business  before  the  courts  who  are  interested ;  it  is  to 
their  interest  to  have  a  court  to  review  the  rulings  of  the  lower 
court,  and  if  that  lower  court  is  composed  of  judges  who  sit  on 
the  case  above,  you  are  simply  appealing  from  one  judge  to 
himself  again  sitting  upon  that  judge.  Now,  as  my  friend  Gen. 
Thompson  says,  there  is  a  sort  of  f ree-rnasonry  among  the 
judges  in  this  respect.  No  judge  wants  to  be  reversed;  he 
wants  his  opinion  as  once  delivered  to  stand,  they  feel  as  Judge 
Sener  said  a^out  himself,  "When  a  case  of  mine  is  appealed 
to  the  supreme  court  of  the  territory,  I  consider  myself  on 
trial  in  that  court,"  and  when  he  said  that  he  was  only  giv- 
ing expression  to  what  is  the  truth  in  that  matter.  They  are 
on  trial,  their  opinions  are;  on  trial;  the  decisions  that  are 
made  are  on  trial,  and  while  I  don't  charge,  and  don't  believe 
there  bas  been  a  case  where  judges  have  traded  off  at  all,  yet 
there  is  a  great  temptation  to  do  it,  and  when  one  judge  has 
passed  his  opinion  upon  a  question,  as  our  supreme  court  has 
been  constituted  heretofore,  the  other  judges  do  not  care  to 
reverse  one  of  their  associates,  if  they  can  help  it,  and  I  say 
they  will  endeavor  to  find  out  some  way,  some  manner  in  which 
they  can  affirm  the  decision  of  the  court  below,  and  they  will 
often  go  out  of  their  way,  and  not  meet  the  point  raised  in 
the  case  at  all,  but  will  fly  off  upon  some  tangent  in  order  to 
affirm  the  decision  of  the  court  below.  A  case  was  tried  be- 
fore Judge  Maginnis;  he  based  his  opinion  upon  a  statement 
of  fact  I  believe.  It  was  appealed  to  the  supreme  court,  and 
the  judge  who  decided  the  case  did  not  touch  upon  that  point 
at  all,  but  went  off  upon  some  other  points  that  had  been 
raised.  Now,  there  is  a  temptation  to  do  that  very  thing 
and  we  should  take  the  temptation  away  from  them,  and  have 
a  supreme  court,  an  independent  body,  for  the  purpose  of  re- 
viewing and  for  that  alone,  to  correct  errors  and  mistakes 
made  by  the  decision  of  the  court  below.  Now,  in  relation  to 
this  question  of  expense.  I  must  say,  Mr.  President,  that  I 
don't  believe  three  district  judges  are  sufficient.  I  believe  we 
should  have  four,  and  that  you  ought  to  provide  for  the  ex- 
penses of  the  supreme  court  judges  at  least  nine  thousand  a 
year.  It  is  a  principle  as  old  as  jurisdiction  itself  that  a  good 
judge  will  save  his  salary  to  ligitants  and  to  the  people  of  the 
territory.  What  is  nine  thousand  dollars,  compared  with  the 
vast  interests  that  may  come;  before  the  courts  for  adjudica- 
tion, and  this  supreme  court,  if  it  constitute  an  independent 


PROCEEDINGS   AND   DHHATES.  337 

body,  I  venture  to  say,  will  save  their  salary  to  the  people  every 
year,  if  they  are  good  judges,  as  they  should  be.  Nine  thous- 
and dollars  is  ji "mere  bagatelle  compared  to  the  interests 
that  will  come  before  the  supreme  court  for  decision,  and  it 
should  not  be  taken  into  consideration  at  all.  Now,  why  should 
we  be  stingy  and  stint  ourselves  in  this  all  important  matter, 
this  matter 'of  having  our*  questions  of  law,  and  questions  per- 
haps involving  our  titles  to  property,  our  interests  in  property, 
and  in  the  lives  and  liberty  of  our  citizens,  why  stint  ourselves 
when  it  is  only  a  matter  of  nine  thousand  dollars  at  best,  and 
T  say  to  wind  up,,!  say  that  this  matter  of  the  supreme  court, 
I  consider  one  of  the  most  vital  questions  that  has  come  be- 
fore this  convention.  Wherever  this  mongrel  court  business 
has  been  tried  it  was  found  to  be  a  mistake,  and  they  have 
had  to  correct  it.  Nebraska,  when  it  started  out,  adopted  this 
system  of  a  territorial  court  in  its  constitution,  and  they  found 
that  it  did  not  work  well,  and  they  changed  it  just  as  soon 
as  they  could.  No  state  ever  tried  it  in  their  constitution  but 
came  back  to  this  principle,  and  adopted  an  independent  form 
of  a  supreme  court.  You  say  it  is  for  the  lawyers ;  the  lawyers 
are  in  favor  of  it.  We  don't  care  anything  about  it  at  all,  it  is 
a  matter  for  the  litigants.  I  suppose  it  will  put  a  few  more 
dollars  into  the  pockets  of  those  who  have  a  large  practice 
in  the  supreme  court,  and  that  is  confined  to  a  very  few  law- 
yers, it  woul.d  not  effect 'many  6f  us  very  much,  I  know  it  won't 
make  much  difference  to  me. 

Mr.  TES€HEMACHEK.  I  would  like  to  ask  one  question 
of  the  chairman  before  I  make  up  my  mind.  Now,  this  sys- 
tem provides  for  threo  supreme  judges  and  three  district  judges, 
now  won't  the  three  supreme  judges  have  a  soft  snap  and  the 
three  district  judges  have  their  hands  so  full  they  won't  know 
what  to  do?  Is  that  not  going  to  be  the  trouble  just  at  pres- 
ent at  least,  very  little  work  for  the  three  judges  who  are  go- 
ing to  get  three  thousand  dollars  a  year,  and  a  great  deal  for 
the  three  who  are  going  to  get  twenty -five  hundred  dollars 
a  year? 

Mr.  CONAWAY.  There  is  a  good  deal  in  that.  That  is 
one  objection  we  considered,  and  tried  to  overcome  it  to  some 
extent  by  giving  the  supreme  judges  original  jurisdiction  in 
matters  of  the  United  States  court,  mandamus  and  some  other 
rights  of  that  character. 

Mr.  SMITH.  I  cannot  talk  much  this  morning,  but  wish 
to  say  a  few  words.  Now,  considering  the  difference  in  the 
work  to  be  performed  this  is  certainly  very  much  against  the 
district. judges^jmd  for  the  work  that  will  have  to  be  done 
the  compensation  will  be  ample  certainly  for  the  first  few 
years  of  the  existence  of  the  state,  but  I  think  that  that  can 
bo  remedied.  It  in  in  the  hands  of  the  legislature  to  change 
the  compensation  in  the  future.  Considering  the  amount  of 


53S  CONSTITUTIONAL  CONVENTION 

labor  to  be  performed  now,  I  should  favor  this,  that  the  dis- 
trict judges  should  have  equal  compensation  with  the  judges 
of  the  supreme  court.  That,  I  find  one  at  least  of  the  new 
slates  has  done;  there  may  be  more.  Now  the  fact  that  a 
man  gets  into  the  supreme  court  does  not  make' him  any  bet- 
ter, or  more  learned,  or  his  services  worth  any  more  than  a 
judge  of  the  district  court.  The  district  court  will  want  good 
judges  just  as  well  as  the  supreme  court,  and  both  will  take 
the  best  they  can  find.  As  to  their  ability  to  perform  the  work, 
tho  greatest  labor  our  district  judges  have  to  perform  in  this 
territory  is  traveling  in  the  outer  counties.  You  take  in  the 
older  states,  such  as  Pennsylvania,  New  York  and  Ohio,  and 
all  those  states,  and  f  will  venture  that  the  majority  of  the 
judges  have\  more  business  than  the  entire  amount  of  litiga- 
tion there  is  in  this  territory.  If  you  were  to  put  all  the  busi- 
ness of  this  territory  together,  one  judge  could  do  all  the  busi- 
ness and  not  be  constantly  employed,  or  anywhere  near  con- 
stantly employed.  If  it  were  not  for  the  scattered  condition 
of  our  counties  I,  as  a  member  of  the  committee,  should  have 
favored  two  judges;  they  could  do  the  work  easily  if  it  was 
not  for  the  extent  of  country  they  would  have  to  travel  over; 
the  three  judges  that  have  been  here  in  this  territory  have  not 
been  employed  on  an  average  of  half  of  their  time.  I  say  two 
judges  in  this  territory  could  do  the  work  and  not  be  under 
paid,  but  I  think  three  judges  certainly  are  sufficient,  and  they 
can  very  easily  perform  .all  the  work  in  this  territory,  so  the 
increased  expense  will  not  be  so  great  ats  has  been  stated  by 
the  gentleman  from  Laramio.  As  to  the  reasons  why  we 
should  have  an  independent  supreme  court,  he  has  given  them 
pretty  well,  and  I  don't  caro  to  say  anything  except  that  I 
endorse  every  word  he  has  said  in  regard  to  an  independent 
supreme  court.  What  is  a  matter  of  a  few  thousand  dollars 
compared  with  the  rights  of  life  and  liberty? 

Mr.  CHAIRMAN.  The  question  is  before  you,  gentlemen. 
Are  you  ready  for  the  question?  The  chair  regrets  that  the 
sense  of  this  committee  cannot  be  taken  by  an  affirmative  mo- 
tion, but  you  will  understand  that  it  is  intended  to  take  tho 
sense  of  the  convention  in  favor  of  the  establishment  of  this 
supreme  court.  That  this  committee  do  recommend  that  the 
report  of  the  judiciary  committee  be  ordered  printed;  are  you 
ready  for  the  question?*  All  in  favor  of  the  motion  will  say 
aye;  contrary  no.  The  chair  is  in  doubt,  All  in  favor  of  the 
motion  will  rise  and  stand  until  counted — 13;  those  opposed 
will  rise  and  stand  until  counted — 8  in  the  negative.  The 
motion  is  carried.  Wo  are  still  in  committee  of  the  whole, 
unless  there  is  a  motion  to  rise. 

Mr.  TESCHEMACHER  T  move  1hat  fhis  committee  now 
rise  and  report. 


PROCEEDINGS  AND  DEBATES.  27ft 

o^y 

Mr.  CHAIRMAN.  Gentlemen,  you  have  heard  the  motion ; 
all  in  favor  of  the  motion  will  say  aye;  contrary,  no.  The  ayes 
have  it,  the  committee  will  now  rise. 

Mr.  PRESIDENT.  The  gentlemen  will  please  come  to 
order. 

Mr.  President,  your  committee  of  the  whole  to  whom  was 
referred  the  report  of  committee  No.  4,  file  No.  50,  recommend 
that  the  substitute  for  said  file  be  printed. 

H.  A.  COFFEEN,  Chairman. 

Mr.  PRESIDENT  .  You  have  heard  the,  report  of  your  com- 
mittee, what  is  your  pleasure? 

Mr.  RINER.  I  move  that  the  report  of  the  committee  be 
adopted,  and  the  file  returned  by  the  committee  be  referred 
to  the  printing  committee  and  ordered  printed. 

Mr.  PRESIDENT.  It  is  moved  and  seconded  that  the  re- 
port be  adopted,  and  that  the  substitute  be  referred  to  the 
printing  committee.  Are  you  ready  for  the  question?  All 
those  in  favor  of  the  motion  will  so  signify  by  saying  aye ;  con- 
trary minded  no.  The  ayes  have  it,  it  is  so  referred. 

Mr.  BAXTER.    Mr.  President. 

Mr.  PRESIDENT.  The  gentleman  from  Laramie,  Mr.  Bax- 
ter. 

Mr.  BAXTER.  I  gave  notice  a  day  or  two  since  of  my  inten- 
tion to  offer  an  amendment  to  rules  18  and  19 ;  the  amendment 
I  wish  to  offer  is  by  adding  to  such  sections  these  words,  "This 
rule  shall  apply  to  committee  of  the  whole."  My  idea  in  doing 
this  is  that  in  committee  of  the  whole,  three  members  shall 
have  the  right  to  demand  a  call  of  the  convention.  This  ques- 
tion was  raised  the  other  day,  and  the  chair  decided  we  had 
no  such  right.  This  would  also  give  any  five  members  the 
right  to  demand  the  previous  question.  I  would,  therefore, 
move,  sir,  that  the  clause  "this  rule  shall  apply  to  committee 
of  the  whole,''  shall  be  added  to  rules  18  and  1.9. 

Mr.  MORGAN.    Second  the  motion. 

Mr.  PRESIDENT.  Gentlemen,  you  have  heard  the  mo- 
tion; are  you  ready  for  the  question? 

Mr.  POTTER.  If  that  rule  is  adopted  I  don't  see  any  rea- 
son for  having  a  committee  of  the  whole.  What  is  the  object 
of  going  into  committee  of  the  whole,  where  debates  are  not 
permitted,  except  that  gentlemen  may  have  a  free  chance  to 
express  their  opinion  in  an  informal  manner,  and  where  you 
are  not  bound  by  the  rules  of  the  convention  necessarily  adopt- 
ed for  the  purpose  of  facilitating  the  dispatch  of  business. 
We  have  not  had  any  very  long  speeches  in  this  convention  or 
anything  of  that  kind,  but  the  very  object  of  the  committee 
of  the  whole  will  be  dispensed  with  if  we  pass  this  amendment, 
and  we  might  as  well  never  go  into  committee  of  the  whole 
at  all.  I  think  it  would  dispense  with  the  committee  entirely. 

Mr.  BAXTER,    I  am  compelled  to  differ  with  the  gentle- 


340 


CONSTITUTIONAL  CONVENTION. 


man  who  has  just  spoken.  It  seems  to  me  that  more  than  one- 
half  of  the  time  of  this  convention  has  been  spent  in  the  dis- 
russion  of  these  rules.  Rule  50  provides  that  the  rales  of  the 
committee  shall  be  the  same  as  in  the  convention,  so  far  as 
may  be  applicable;  now  the  other  day  the  chair  ruled  that 
the  previous  question  could  not  be  put  in  committee  of  the 
whole.  If  I  entertained  any  fear  that  any  gentleman,  a  mem- 
ber of  this  convention,  desired  to  shut  off  debate  and  could  be 
sustained  in  his  position  by  the  assistance  of  five  others  assist- 
ing; him  to  demand  the  previous  question,  when  the  debate 
had  not  gone  to  that  extent  when  it  should  be  shut  off,  I 
should  not  offer  this  proposition,  but  I  do  not  believe  such 
would  be  the  case,  and  I  don't  see  any  reason  why  this  should 
not  apply  to  the  committee  of  the  whole,  and  think  it  would 
facilitate  business. 

Mr.  MORGAN.  I  see  the  reasons  why  the  gentleman  trom 
Laramie,  Mr.  Baxter,  has  offered  this  amendment  to  the  rules, 
but  at  the  same  time  in  my  judgment  it  disposes  of  all  neces- 
sity for  committee  of  the  whole.  The  purpose  of  committee 
of  the  whole  is  to  have  a  free  interchange  of  opinion,  to  ex- 
press our  opinion  on  propositions  here  without  being  required 
to  express  that  by  an  aye  and  nay  vote.  It  is  for  that  purpose. 
If  it  is  thought  that  too  much  time  is  being  consumed,  that 
can  be  met  by  a  motion  that  the  committee  arise.  That  takes 
the  place  of  the  previous  question.  Whenever  you  compel 
members  to  put  themselves  on  record,  you  at  once  destroy  a 
certain  freedom  of  consideration  of  any  questions  brought 
before  them  in  committee  of  the  whole.  It  is  understood  I 
think  whenever  a  majority  think  too  much  time  is  being  con- 
sumed a  motion  that  the  committee  arise  will  be  to  the  same 
effect  as  the  previous  question. 

Mr.  BAXTER.  The  objection  of  Mr.  Potter  and  the  gen- 
tleman from  Laramie,  Mr.  Morgan,  is  directed  solely  to  rule 
19,  on  the  previous  question.  There  objection  may  be  sound 
so  far  as  it  refers  to  rule  18,  but  take  it  in  connection  with 
rule  18.  "We  had  here  a  few  days  since  in  committee  of  the 
whole,  a  decision  from  the  chair  which  was  questioned.  It 
seems  to  me  we  should  have  the  right  to  demand  the  aye  and 
nay  vote,  the  roll  call,  in  order  to  settle  just  such  difficulties 
as  that,  as  we  had  here  the  other  day,  when  two  or  three 
thought  the  vote  had  been  announced  incorrectly.  Now  what 
possible  objection  can  there  be  to  having  the  roll  called  when 
there  is  any  question  as  to  what  the  decision  is?  That  is  the 
object  of  the  proposed  amendment  to  rule  18. 

Mr.  PRESIDENT.  The  very  reason  why  the  ayes  and  noes 
cannot  be  taken  is  that  no  record  is  kept  on  the  journal  or 
anywhere  else  of  the  proceedings  of  the  committee  of  the 
whole,  and  consequently  no  record  of  this  aye  and  nay  vote. 
Whenever  the  committee  of  the  whole  gets  into  difficulty  they 


PROCEEDINGS  AND  DEBATES.  34! 

can  arise,  report  disorderly  conduct  to  this  convention  and 
have  some  punishment  meted  out  by  the  convention,  but  the 
committee  of  the  whole  is  no  different  from  any  other  com- 
mittee sitting  in  any  of  the  committee  rooms,  and  there  is 
no  record  kept  of  its  proceedings  at  all. 

Are  you  ready  for  the  question?  All  in  favor  of  amending 
Rule  18  by  saying  that  "this  shall  apply  in  Committee  of  the 
Whole"  will  so  signify  by  saying  aye;  contrary  no.  The  noes 
seem  to  have  it;  the  noes  have  it;  the  motion  is  lost.  All  those 
in  favor  of  amending  Rule  10  will  say  aye;  contrary  minded 
no.  The  noes  seem  to  have  it,  the  noes  have  it,  the  motion  is 
lost. 

Mr.  RINER.  I  move  we  now  take  a  recess  until  2  o'clock. 

Mr.  PRESIDENT.  It  is  moved  that  we  do  now  take  a  re- 
cess until  2  o'clock.  Are  you  ready  for  the  question?  All  in  fa- 
vor of  the  motion  will  say  aye;  contrary  no.  The  ayes  have  it, 
the  motion  to  take  a  recess  prevails. 

AFTERNOON  SESSION. 

Mr.  PRESIDENT.    The  convention  will  come  to  order. 

There  being  no  questions  pending  I  will  return  to  the  or- 
der of  introduction  of  petitions,  memorials,  etc.  Any  petitions, 
memorials,  resolutions  or  propositions?  Reports  of  standing 
committees?  Reports  of  special  committees?  There  is  nothing 
on  the  general  file,  gentlemen,  owing  to  the  fact  that  the  print- 
ing committee  have  not  seen  fit  to  return  to  this  convention 
what  was  ordered  printed  last  Saturday.  It  seems  to  me  that 
the  business  of  the  convention  should  not  be  delayed  in  that 
way.  If  any  member  of  the  printing  committee  is  here  I  would 
like  to  hear  from  him. 

Mr.  CASEBEER,  The  chairman  of  the  committee  is  not 
here,  nor  the  next  member  on  the  list,  but  I  will  say  that  I 
took  the  matter  to  be  printed  Saturday  at  9  o'clock,  and  it  was 
promised  that  it  would  be  here  at  an  early  hour  this  morning. 
Mr.  Slack  has  not  returned  the  files,  and  I  know  of  no  reason. 

Mr.  PRESIDENT.  You  have  heard  the  report  of  the  print- 
ing committee,  what  is  your  pleasure? 

Mr.  MORGAN.  Is  there  no  proposition  from  a  committee 
in  possession  of  the  convention  that  could  properly  be  taken 
up  and  acted  upon  without  printing,  something  about  which 
there  would  be  no  £reat  difference  of  opinion? 

Mr.  PRESIDENT.  Everything  returned  this  morning  was 
referred  to  the  printing  committee,  and  is  now  in  their  hands, 
and  the  only  return  that  has  been  made  at  all  is  the  one  rela- 
tive to -the  legislative  apportionment,  and  that  cannot  come  up 
before  the  report  of  the  legislative  committee.  It  seems  to  me 
that  it  would  be  a  good  thing  to  send  somebody  to  the  Sun  of- 
fice and  see  whether  we  will  have  anything  this  afternoon. 


34- 


CONSTITUTIONAL  CONVENTION. 


Mr.  CAMPBELL.  I  move  we  take  a  recess  for  half  an  kour 
and  someone  be  directed  to  go  to  the  Sun  office  and  see  if  there 
is  anything  to  be  done  this  afternoon. 

Mr.  ORGAN.    Second  the  motion. 

Mr.  PRESIDENT.  It  is  moved  and  seconded  that  the  ser- 
geant at  arms  be  sent  to  the  Sun  office  to  find  out  what  mate- 
rial, if  any,  this  convention  can  have  to  work  on  this  after- 
noon. Are  you  ready  for  the  question?  All  in  favor  of  the  mo- 
tion will  so  signify  by  saying  aye ;  contrary  no.  The  ayes  have 
it,  the  motion  prevails.  The  sergeant-at-arms  is  so  directed. 

The  question  is  now  that  we  take  a  recess  of  thirty  minutes 
Are  you  ready  for  the  question?  All  in  favor  of  the  motion  will 
say  aye;  contrary  no.  The  ayes  have  it;  the  convention  stands 
in  recess  until  2:45. 

Recess. 

Mr.  PRESIDENT.  The  convention  will  come  to  order.  The 
sergeant  a t-arms  has  returned  and  says  nothing  will  be  ready 
before  4  o'clock  and  perhaps  not  then. 

Mr.  RINER.  I  move  Ave  adjourn  until  9  o'clock  tomorrow 
morning. 

Mr.  REED.  Second  the  motion. 

Mr.  IRVINE.    I  move  to  amend  by  making  it  10. 

Mr.  HAY.  I  have  a  proposition  which  I  would  like  to  of- 
fer, concerning  the  salaries  of  public  officers. 

Mr.  PRESIDENT.  If  there  is  no  objection  the  file  will  be 
referred  to  the  committee  on  salaries.  Is  there  objection?  The 
chair  hears  none,  it  is  so  referred. 

Mr.  RINER,  I  now  renew  my  motion  to  adjourn  until  9 
o'clock  tomorrow  morning. 

Mr.  IRVINE.    I  moved  an  amendment  making  it  10. 

Mr.  PRESIDENT.  It  is  moved  that  we  adjourn  until  9 
o'clock.  Mr.  Irvine  moves  to  amend  by  making  it  10.  Are  you 
ready  for  the  question?  Those  in  favor  of  the  amendment  Bak- 
ing it  10  will  say  aye;  contrary  minded  no;  the  noes  seem  to 
have  it.  The  question  is  now  on  the  original  motion  that  we 
adjourn  until  9  o'clock.  All  in  favor  of  the  motion  ^ill  say  ay»;-: 
contrary  no;  the  ayes  have  it;  the  motion  to  adjourn  prevails. 


FOURTEENTH  DAY. 
MORNING  SESSION. 


Tuesday,  September  17th. 
assembled  at  9  o'clock. 
I'r.-siilcnr  I'.rown  in  the  chair. 


PROCEEDINGS  AND  DEBATES.  343 

Mr.  PRESIDENT.  Convention  come  to  order.  Is  the  chap- 
lin  present? 

Mr.  CAMPBELL.  Mr.  President,  as  the  chaplin  was  not 
here  when  we  adjourned  yesterday,  I  guess  he  did  not  know  the 
hour  fixed  for  our  meeting  this  morning,  which  was  0  instead 
of  10  o'clock. 

Mr.  PRESIDENT.  If  there  is  no  objection  we  will  dispense 
with  his  services  for  this  morning.  The  secretary  will  proceed 
to  call  the  roll. 

(Roll  call;  thirty  members  present.) 

Mr.  HOYT.  I  suppose  it  would  be  in  order  to  move  that 
those  members  be  excused  who  w^ere  not  able  to  be  present 
yesterday  on  account  of  the  delay  of  the  train. 

Mr.  SECRETARY.  That  was  done  yesterday,  Mr.  Presi- 
dent. 

Mr.  PRESIDENT.  Are  there  any  corrections  to  be  made  to 
the  journal?  There  being  none  suggested  it  will  be  approved  as 
read.  It  is  so  ordered,  Mr.  Secretary. 

Introduction  of  petitions,  memorials,  propositions,  etc.,  are 
now  in  order.  Are  there  any  to, be  presented  this  morning? 

Reports  of  standing  committees.  Any  reports  this  morning? 

Mr.  JEFFREY.    Mr.  President. 

Mr.  PRESIDENT.  The  gentleman  from  La  ramie,  Mr.  Jef- 
frey. 

Mr.  JEFFREY.  Committee  No.  5  ask  leave  to  submit  a  sup- 
plemental report,  in  addition  to  the  report  already  presented 
by  them  on  elections  and  the  right  of  suffrage,  and  ask  the 
privilege  for  this  reason.  At  the  time  the  original  report  was 
prepared  there  were  some  matters  which  it  was  thought  at  the 
time  would  be  incorporated  into  the  bill  of  rights,  but  as  this 
matter  conies  up  first  the  committee  ask  leave  to  submit  this 
report,  and  embody  in  it  these  matters  which  we  thought  would 
be  incorporated  into  the  bill  of  rights  as  I  have  already  stated. 
We  also  ask  to  embody  in  this  report  suggestions  regarding 
the  addition  of  another  section  to  the  original  report  made  by 
the  committee,  and  we  ask  that  this  supplemental  report  be 
considered  at  the  same  time  with  the  original  report  of  the  com- 
mittee,'and  be  considered  as  a  part  of  that  report. 

Mr.  PRESIDENT.  The  gentleman  from  Laramie  will  pre- 
sent his  report.  Are  there  any  other  reports?  The  secretary 
will  read. 

Supplemental  report  of  Committee  No.  5. 

Mr.  PRESIDENT.  Gentlemen,  the  recommendation  of  the 
committee  is  that  this  supplemental  report  be  considered  by 
the  committee  of  the  whole  in  connection  with  File  No.  (58, 
special  order  of  the  day.  All  who  are  of  the  opinion  that  the 


344 


CONSTITUTIONAL  CONVENTION. 


matter  be  so  referred  and  considered  will  say  aye;  those,  oppos- 
ed no.  The  ayes  have  it;  the  matter  is  so  referred.  The  secre- 
tary will  read  the  other  report  submitted  by  Committee  No.  10 
at  this  time. 

(See  journal  page  63.) 

Mr.  PRESIDENT.  Gentlemen,  the  regular  order  of  busi- 
ness having  been  disposed  with  for  the  morning,  the  special 
^order  of  the  day  will  now  be  taken  up  by  the  committee  of  the 
whole.  Is  there  a  motion  that  we  now  go  into  committee  of 
the  whole? 

Mr.  TESCHEMACHER.  I  move  we  now  resolve  ourselves 
into  committee  of  the  whole  for  the  consideration  of  the  gen- 
eral file,  special  order. 

Mr.  MORGAN.    Second  the  motion. 

Mr.  PRESIDENT.  All  in  favor  of  the  motion  that  we  now 
go  into  committee  of  the  whole  will  say  aye ;  those  opposed  no. 
The  ayes  have  it;  the  convention  is  now  in  committee  of  the 
whole.  Will  Mr.  Morgan  of  Laramie  take  the  chair? 

Mr.  CHAIRMAN.  The  question  before  you  gentlemen  for 
consideration  today  is  the  report  of  Committee  No.  5,  on  suf- 
frage. The  first  section  of  the  report  will  be  read. 

(Reading  of  Sec.  1.) 

Mr.  CHAIRMAN.  Will  you  agree  to  the  section,  gentle- 
men? 

Mr.  JEFFREY.  The  first  amendment  suggested  by  thec  om- 
mittee  in  its  supplemental  report  properly  belongs  in  Sec.  1, 
and  is  in  the  language  of  the  original  file  No.25,  introduced  by 
Mr.  Baxter. 

Mr.  CHAIRMAN.  Does  the  gentleman  move  to  amend  by 
adding  the  words  "both  male  and  female  citizens  of  this  state 
ghall  equally  enjoy  all  civil,  political  and  religious  rights  and 
privileges?" 

Mr.  BURRITT.  I  understand  that  is  Sec.  1  as  it  comes  be- 
fore the  committee  of  the  whole. 

Mr.  CHAIRMAN.    Is  the  committee  ready  for  the  question? 

Mr.  CAMPBELL.  I  move  to  amend  by  making  it  a  separ- 
ate article,  to  be  separately  submitted  and  voted  upon  separ- 
ately by  the  people. 

.Mr.  REED.    Second  the  motion. 

Mr.  BURRITT.  I  rise  to  a  point  of  order,  for  the  reason  that 
the  proposed  amendment  is  not  germain  to  the  subject.  It  does 
not  affect  the  subject  matter  at  all,  but  is  an  entirely  different 
question. 

Mr.  CHAIRMAN.  The  chair  will  decide.  The  point  of  or- 
der is  not  well  taEen  because  it  has  to  do  with  matters  con- 
cerning the  right  of  suffrage,  and  ifs  submission  to  the  people 
with  this  constitution.  The  question  is  upoif  "the  amendment 


PROCEEDINGS  AND  DEBATES. 


345 


offered  by  the  gentleman  from  Laramie,  Mr.  Campbell.  That 
the  question  of  suffrage,  so  far  as  it  relates  to  women,  should 
be  submitted  in  a  separate  article  to  the  people.  Are  YOU 
ready  for  the  question? 

Mr.  CAMPBELL.  I  suppose  a  great  many  persons  will 
think  because  I  made  this  amendment  that  I  am  opposed  to 
woman  suffrage.  If  anyone  has  such  an  impression  it  is  an  ab- 
solutely wrong  impression.  There  was  a  time,  before  I  came  to 
Wyoming,  that  I  was  very  decidedly  opposed  to  granting  the 
right  of  suffrage  "to  women.  That  was  an  impression  that  I 
gained  in  early  youth,  and  impressions  gained  at  that  time  are 
hard  to  get  rid  of.  I  was  living  in  the  state  of  Nebraska  at  the 
time  the  constitution  was  submitted  there,  providing  that  wom- 
en should  have  the  same  privilege  of  voting  as  men,  and  up  to 
that  time  I  was  not  bitterly  or  violently  opposed  to  it,  but  I 
did  not  deem  it  expedient  at  all.  I  thought  it  was  a  departure 
from  the  fundamental  principles  that  had  been  heretofore  es- 
tablished; that  it  would  be  very  vicious  in  its  tendencies,  and 
<at  that  time  I  heard  the  question  discussed  by  the  convention 
of  women  suffragists,  one  presided  over  >)by  Susan  B.  Anthony 
and  the  other  Elizabeth  Cady  Stanton.  But  the  time  I  first 
became  most  interested  in  this  question  was  during  the  wom- 
an's convention  at  Omaha,  in  the  year  1882,  when  I  heard  the 
matter  discussed  as  I  had  never  heard  it  before.  A  joint 
discussion  was  held  in  the  opera  house,  and  was  participated 
in  by  Phoebie  Cozzins  and  a  very  "bright  young  lawyer  of  Xe- 
"braska,  and  I  remember  very  well  that  one  argument  he  made 
against  granting  the  right  of  suffrage  to  women  was  that  it 
had  been  established  in  the  territory  of  Wyoming,  and  that  it 
was  a  failure  in  the  territory  of  Wyoming.  I  had  never  been  in 
Wyoming  at  that  time,  and  took  his  statement  as  correct.  He 
also  said  that  throughout  the  entire  length  and  breadth  of  the 
of  the  United  States  you  could  not  find  a  more  lawless  condi- 
tion of  things  existing  then  at  Rawlins,  Laramie  City  and 
Cheyenne,  and  that  it  was  owing  to  this  very  fact.  That  was 
the  'expression  he  used  from  the  stage  of  Boyd's  opera  house, 
in  answer  to  Phoebie  Cozzins.  I  took  that  statement  as  true. 
Soon  after  the  election  of  1882,  in  Nebraska,  where  this  mat- 
ter was  submitted  as  a  separate  proposition  to  the  vote  of  the 
people,  I  came  to  Wyoming,  and  among  the  first  questions  that 
I  asked  was  whether  Cheyenne,  Kawlins  and  Laramie  City 
were  as  vicious  and  lawless  as  I  had  been  led  to  believe,  and  I 
discovered  for  myself  that  it  was  not  true.  I  have  seen  and 
participated  in  several  elections  since;  I  have  been  in  this  ter- 
ritory and  I  must  confess  that  they  have  always  been  conduct- 
ed in  the  most  orderly  manner,  still  at  the  same  time  while  I 
.believe  it  has  not  worked  any  great  harm,  that  its  tendencies 
have  been  good,  nevertheless  you  hear  it  said  throughout  the 
length  and  breadth  of  this  territory,  and  I  believe  I  hnve  been 


346  CONSTITUTIONAL  CONVENTION. 

in  every  county  in  the  territory  except  Johnson  and  Sheridan,, 
and  ever  since  I  have  been  traveling  through  the  territory  I 
have  heard  it  from  persons  opposed  to  women's  suffrage  that 
the  people  of  the  territory  of  Wyoming  have  never  been  given 
an  opportunity  to  vote  upon  this  question;  that  the  persons 
who  were  sent  to  the  legislature  are  always  afraid  to  give  the 
people  an  oportunity  to  vote  upon  this  question,  and  I  believe 
that  before  it  should  be  established  as  a  fundamental  law  of 
the  new  state  that  the  people  should  have  an  opportunity  to 
vote  upon  this  question.  Now,  I  have  been  requested  by  per- 
sons in  this  city  to  present  this  proposition.  I  have  been  told 
that  if  I  did  a  thing  of  this  kind  that  I  would  forever  be  mark- 
ed, and  the  women  wrould  not  vote  for  me.  I  don't  care  a  cent 
for  that.  If  the  thing  is  fair  and  right  in  a  matter  of  that  kind 
I  would  not  give  my  convictions  of  what  is  fair  and  just  for 
any  gift  in  the  hands  of  the  territory  of  Wyoming,  or  of  the  new 
state  of  Wyoming,  whether  it  be  senator  in  tile  congress  of  the 
United  States  or  a  justice  of  the  peace  and  I  say,  Mr.  President,, 
that  in  justice  to  the  persons  wrho  wrant  to  vote  upon  this 
question,  it  is  no  more  than  right  that  they  should  be  given  an 
opportunity.  It  has  been  said  that  the  women  here  care  noth- 
ing about  having  the  right  to  vote,  that  they  have  never  been 
given  an  opportunity  to  express  their  opinion  about  it.  Now 
this  amendment  will  give  the  wronien  who  are  in  favor  of  it 
the  chance  to  say  wrhether  they  want  to  vote  or  not,  and  the 
women  who  are  opposed  to  it  will  have  a  chance  to  vote  down 
this  proposition.  Now  I  don't  know  how  this  act  granting  the 
right  of  suffrage  to  women  came  to  be  passed  by  the  legisla- 
ture, but  I  have  heard  of  it,  and  the  account  is  something  like 
this.  That  the  legislature  that  passed  this  law  granting  suf- 
frage to  women  scarcely  considered  the  matter  at  all,  were 
surprised  when  it  passed,  and  when  the  governor  signed  the 
fcct.  lUvas  introduced  mere  as  a  joke  than  anything  else,  and 
at  no  time  wyas  it  seriously  considered.  If  I  am  wrong  in  my 
account  of  the  method  by  which  this  law  wras  passed,  gentle- 
men who  have  been  in  the  territoiy  for  a  long  time,  who  were 
here  at  that  time,  can  correct  me.  Now,  if  that  is  so,  and  the 
people  have  never  had  the  chance  to  vote  upon  this  proposi- 
tion, and  inasmuch  as  the  women  themselves  will  have  the 
right  to  vote  upon  it,  it  is  no  more  than  right  that  the  proposi- 
tion should  be  submitted  to  the  people,  and  give  them  a 
chance  to  express  their  opinions  in  reference  to  it.  I  will  say 
for  myself  that  if  the  proposition  is  submitted  I  will  vote  in 
favor  of  Avoman's  suffrage,  but  I  do  say  that  those -who  are 
opposed  to  it  ought  to  have  the  chance  to  say  if  they  shall  be 
linen  that  right.  Another  thing,  Mr.  President,  we  are  going 
to  have  a  pretty  tough  time  getting  into  the  union,  no  matter 
what  sort  of  a  constitution  you  present  to  the  people,  and  if 
yon  put  a  proposition  of  this  kind  into  the  constitution  without 


PROCEEDINGS  AND  DEBATES. 

giving  those  persons  who  are  opposed  to  woman's  suffrage  a 
chance  to  express  their  opinion  about  it,  they  will  vote  against 
that  constitution.  I  am  satisfied  they  will  do  it.  Again  if  you 
submit  this  as  a  separate  proposition,  it  is  one  of  the  strongest 
arguments  that  the  advocates  of  woman's  suffrage  can  use 
throughout  the  other  states  and  territories  in  this  union.  If  you 
put  it  into  the  constitution  and  clo  not  give  the  people  the  right 
to  vote  upon  it,  you  will  be  met  by  the  argument  from  those 
who  are  opposed  to  it  that  you  have  never  given  the  people  of 
Wyoming  a  chance  to  vote  upon  that  proposition  at  all,  and  it 
is  no  argument  to  say  that  the  majority  of  the  people  are  in 
favor  of  it,  for  you  do  not  know  whether  they  are  or  not.  You 
answer  and  say  that  they  had  the  chance  to  reject  the  consti- 
tution. The  argument  is  thrown  back  in  your  teeth,  that  is 
true,  but  they  were  so  anxious  to  come  into  the  union,  and 
there  were  so  many  other  good  provisions  in  their  constitution, 
that  they  were  willing  to  submit  to  that,  rather  than  have  the 
whole  thing  rejected.  If  you  leave  it  to  the  people  to  decide  I 
have  no  doubt,  from  my  observation  throughout  this  territory, 
that  it  wTould  be  adopted  by  two-thirds,  if  not  more,  and  you 
can  then  go  before  the  legislatures  of  the  different  states  and 
say  to  them,  here  is  this  proposition,  it  was  adopted  by  the  ter- 
ritory of  Wyoming,  has  worked  there  successfully  for  twenty 
years,  they  have  adopted  it  in  their  constitution  as  a  state,  it 
was  submitted  to  the  vote  of  the  people,  and  here  is  the 
verdict  of  the  people  upon  that  matter.  It  will  be  the  mos-t 
convincing  argument  in  favor  of  the  question  w7hich  it  is  possi- 
ble to  offer. 

Mr.  CHAIRMAN.  Any  further  remarks  upon  the  amend- 
ment ? 

Mr.  BAXTER.  In  order  to  make  a  brief  explanatory  state- 
ment of  my  position  in  this  matter,  I  ask  to  be  heard  for  a  few 
minutes  only.  We  are  here  for  the  purpose  of  framing  a  con- 
stitution for  the  state  of  Wyoming.  We  have  been  especially 
honored  by  the  people  among  whom  we  live  -by  being  delegated 
to  perform  this  duty.  So  far  as  the  greater  part  of  our  wTork 
is  concerned  we  should  not  be  greatly  perplexed,  because  we 
are  traveling  over  well  known  ground.  From  the  earliest  days 
of  the  republic  down  to  the  present  time  the  ablest,  truest  and 
best  men  of  the  several  states  of  this  union  have  been  called 
into  the  service  of  the  people  in  formulating  into  the  clearest 
and  most  concise  language  those  fundamental  principles  of 
liberty,  justice  and  equality,  which  must  of  necessity  be  the 
foundation  of  any  instrument  intended  for  the  government  of 
a  free  people.  It  seems  to  me,  therefore,  that  so  far  as  nine- 
ten  ths  of  our  labor  is  concerned,  wre  have  only  to  exercise  an 
intelligent  and  discriminating  judgment  in  our  study  of  the 
work  of  the  constitutional  builders  who  have  preceded  us.  But 
there  are  other  questions  concerning  wThich  we  shall  not  find 


CONSTITUTIONAL  CONVENTION. 

such  clearly  defined  precedents.  Questions  arising  from  the 
evils  or  the  necessities  of  the  day  and  generation  in  which  we 
live,  and  it  seems  to  me  that  it  is  in  meeting  these  questions 
that"  we  shall  prove  ourselves  worthy  or  unworthy  of  the  con- 
fidence reposed  in  us.  I  stand  here  to-day  interested  perhaps 
in  the  question  of  securing  to  all  the  citizens  of  the  state  ab- 
solute and  exact  justice  in  the  matter  of  the  elective  franchise, 
and  in  throwing  about  the  exercise  of  that  right  every  possible 
safeguard  and  protection;  interested,  I  say  more  than  in  any 
other  question  that  shall  probably  come  before  this  body  for 
its  consideration.  I  have  seen  in  the  past,  and  upon  the 
streets  of  this  capital  city,  such  degredation  upon  the  part  of 
some  of  the  electors  of  this  territory,  such  open  buying  and  sel- 
ling for  money  or  official  places  of  importance  and  responsibil- 
ity, as  would  cause  the  cheek  of  an  honest  man  to  burn  with 
indignation.  Those  of  you  whose  homes  are  in  some  other  part 
•of  the  territory  have  no  doubt  witnessed  a  similar  corruption 
of  public  morals.  It  was  in  the  hope  that  I  might  in  some  small 
degree  contribute  to  eradicating  this  evil,  to  the  end  that  this 
disgrace  might  no  longer  attach  to  the  name  of  our  people,  that 
I  consented  to  allow  my  name  to  be  used  as  a  candidate  for 
'election  to  this  body.  I  am  here  to  assist  in  the  formation  of  a 
constitution  whose  tendency  shall  be  to  elevate  rather  than 
degTade  the  citizens  of  the  state.  I  am  here  to  assist  in  the 
formation  of  a  constitution  under  which  integrity  of  character 
and  personal  fitness  shall  be  the  first  and  essential  requisites 
for  official  station;  I  am  here  to  assist  in  the  formation  of  a 
constitution  under  which  the  honorable  aspirations  of  a  poor 
man  may  stand  some  chance  of  realization,  even  though  some 
unscrupulous  and  purse  proud  money  bag  should  be  his  oppo- 
nent before  the  people.  The  few  suggestions  which  I  have  had 
the  honor  to  make  to  this  convention,  as  worthy  to  be  incorpo- 
rated into  the  constitution,  have  indicated  clearly  the  direction 
In  which  lay  my  special  interest  in  the  work  which  we  have  in 
hand.  First,  securing  to  every  citizen  of  the  state  the  right 
to  r-ist  his  or  her  ballot,  and  have  it  <«onn<ed;  second,  puri- 
fying our  elections  so  far  as  may  be  possible,  and  third,  estab- 
lishing clearly  and  beyond  question  the  relations  which  must 
exist  between  the  people  and  certain  of  their  creatures,  corpo- 
rations. Now  it  happens  from  the  order  in  wrhich  these  ques- 
tions are  brought  before  you,  that  of  the  suffrage  is  first  pre- 
sented for  your  consideration,  and  unless  I  have  greatly  mis- 
taken the  temper  of  this  body  I  deem  it  extremely  fortunate 
for  us  and  for  the  people  of  the  state  of  Wyoming  and  fortunate 
for  those  who  are  to  come  after  us  that  there  is  no  serious  di- 
vision among  us  on  this  question.  The  men  of  Wyoming  do  not 
propose  to  deny  to  their  wives,  their  mothers  and  their  sisters 
the  right  which  the  immortal  Lincoln  and  Seward  and  Simmer 
and  (irant  and  Chase,  raised  up  by  an  over-ruling  Providence 


PROCEEDINGS  AND  DEBATES. 


349* 


in  the  darkest  hour  in  the  history  of  this  nation,  to  preserve  it 
from  dismemberment,  deemed  worthy  of  bestowing  upon  mil- 
lions of  emancipated  slaves.  I  say,  therefore,  that  it  is  fortu- 
nate that  no  argument  is  needed  on  this  question.  If  it  w;is 
I  see  gentlemen  on  every  side  of  me  before  whose  superior  qual- 
ifications for  such  a  task  I  should  bow  with  the  greatest  def- 
erence. But  it  seems  to  me  that  argument  is  not  necessary.  I 
may  be  permitted  to  say  that  no  man  living  holds  women  in 
higher  esteem  than  I.  While  I  may  not  with  the  same  ease  and 
fluency  of  other  gentlemen  on  this  floor  give  expression  to  my 
admiration,  I  am  bold  to  say  I  yield  to  no  man  in  the  homage 
and  adoration  which  I  feel  and  which  upon  all  proper  occasions 
I  gladly  pay  to  a  pure  and  lovely  woman.  But  as  it  seems  to 
me  with  argument  unnecessary  and  compliment  of  doubtful  pro- 
priety, I  have  risen  simply  for  the  purpose  of  stating  my  posi- 
tion on  this  question.  I  have  not  been  led  to  declare  myself  in 
favor  of  this  measure  from  any  setimental  consideration.  I 
am  not  in  favor  of  it  on  any  ground  of  sentiment.  The  man 
who  thinks  so  has  no  knowledge  of  me  nor  any  knowledge  of 
any  man  who  ever  bore  my  name.  I  am  for  it,  and  I  believe  in 
it  because  of  that  great  and  overpowering  consideration  which 
should  influence  every  man  on  this  floor  in  casting  his  ballot, 
and  that  "consideration  is  because  it  is  right,  because  it  is  fair, 
and  because  it  is  just,  and  I  shall  ever  regard  as  a  distinguish- 
ed honor  my  membership  in  that  convention  on  which  for  the 
first  time  in  the  history  of  all  this  broad  land,  rising  above  the 
prejudices  and  injustice  of  the  past,  incorporated  into  the  fun- 
damental law  of  the  state  a  provision  which  shall  secure  to 
every  citizen  within  her  borders  not  only  the  protection  of  the 
courts  but  the  absolute  and  equal  enjoyment  of  every  right  and 
privilege  guaranteed  under  the  law  to  every  other  citizen. 

Mr.  CHAIRMAN.    Any  further  remarks  on  the  amendment. 

Mr.  COFFE^N.    Mr.  Chairman. 

Mr.  CHAIRMAN.    The  gentleman  from  Sheridan,  Mr.  Cof- 
feen. 

Mr.  COFFEEN.  I  did  not  come  here  with  the  wish  to  say 
anything  on  this  subject.  I  had  in  my  own  mind  arrived  at 
the  conclusion  that  this  body  of  men,  sent  to  formulate  a  con- 
stitution for  this  proposed  state  of  Wyoming,  were 
already  decided  upon  this  question  with  great  unan- 
imity, and  were  more  unanimous  perhaps,  in  fa- 
vor of  woman's  suffrage  than  upon  any  other 
question  that  could  possibly  come  before  the  convention. 
I  had  almost  expected  that  the  opposition  would  not  show  it- 
self even  in  our  convention.  But  it  has,  and  it  has  taken  the 
shape  of  a  proposition  to  submit  this  question  separately  to  the 
people,  and  the  speech  made  in  favor  of  that  proposition 
has  taken  the  shape  of  an  apology,  an  apology,  before  this  en- 


CONSTITUTIONAL  CONVENTION. 

lightened  convention  for  making  such  a  proposition.  The  ques- 
tion as  I  take  it  is  already  settled  in  the  hearts  and  minds  and 
judgment  of  the  people  of  our  glorious  state  proposed  to  be, 
and  shall  we  stand  here  today  and  debate  over  a  question  when 
every  elemenet  of  justice  and  right  and  equality  in  our  state 
is  in  its  favor,  when  not  one  iota  of  weight  of  argument  has 
been  made  against  it.  Shall  we  stand  here  in  long  debate  when 
every  word  that  can  be  said  on  this  question  is  in  favor  of  con- 
tinuing the  good  results  of  woman's  suffrage  which  we  have  al- 
ready experienced  for  twenty  years  in  this  territory?  But  I  am 
unwilling  to  stand  here  and  by  vote  or  word  or  gesture  disfran- 
chise one  half  the  people  of  our  territory,  and  that  the  better 
half.  We  have  come  into  this  grand  and  glorious  territory, 
with  its  grand,  magnificent  resources,  from  the  varios  states 
of  our  glorious  union,  driving  along  with  our  wagons  and  teams, 
with  our  families,  songs  on  the  lips  of  our  children,  prayers  in 
the  hearts  of  the  mothers,  firm  determination  on  the  counte- 
nances of  the  fathers  coming  into  this  great  free  land  to  build 
up  homes,  happy  homes,  but  is  it  for  man  alone?  No,  never, 
but  for  man,  woman  and  children  alike,  yes,  for  all  of  God's 
children  alike  in  this  glorious  land.  I  shall  not  go  into  the  pol- 
icy or  propriety  of  submitting  such  a  proposition  as  this  now 
before  us  to  the  people  of  this  territory.  Shall  we  stand  here 
and  by  accepting  this  proposition  sign  away  all  possible  chance 
of  our  having'this  constitution  ratified  by  the  people?  No,  let 
us  catch  inspiration  from  the  glorious  features  of  nature  about 
us,  the  grand  valleys,  the  lifting  mountains,  the  reverberating 
lulls,  the  floating  clouds  so  lovely  above  them,  yes,  let  us 
catch  inspiration  from  the  beautiful  symbols  and  surroundings 
about  us,  and  let  us  incorporate  into  the  constitution  of  this 
coming  state,  for  which  we  all  hope  so  much,  a  clause  giving 
full,  free  and  equal  enjoyment  of  the  rights  of  suffrage  to  all. 

Mr.  CHAIRMAN.    Any  further  remarks? 

Mr.  HOLDEN.  I  do  not  desire  at  this  time  to  offer  any  rea- 
son why  the  right  to  vote  should  be  granted  to  women;  that 
is  not  the  question  before  us.  The  question  before  us  is  shall 
we  secure  that  right  by  fundamental  law  ?  The  proposition  now 
under  consideration  is  shall  we  leave  this  question  to  the 
people  of  Wyoming  to  say  whether  or  not  the  privilege  of  vot- 
ing shall  be  secured  to  women.  Now,  Mr.  Chairman,  I  believe 
that  I  voice  the  wishes  of  the  people  of  Finta  when  I  say  that 
rather  than  surrender  the  right  which  the  women  of  this  ter- 
ritory have  so  long  enjoyed,  a  privilege  which  they  have  not 
only  used  with  credit  to  themselves  but  with  profit  to  the  coun- 
try, in  which  they  live,  I  say  rather  than  surrender  that  right, 
we  would  rather  remain  in  a  territorial  condition  throughout 
the  endless  cycles  of  time. 

Mr.  CONWAY.  It  seems  to  me  that  a  proposition  of  such 
importance  as  the  one  under  discussion  should  not  be  passed 


PROCEEDINGS  AND  DEBATES.  35! 

over  lightly,  or  without  consideration.    But  at  the  same  time, 
the  sentiment  of  this  convention,  and  I  beliejve  of  the  people 
which  we  represent,  is  so  nearly  unanimous,  that  extended  ar- 
gument or  extended  discussion,  it  seems  to  me,  would  be  a  mere 
waste  of  time.    From  my  earliest  recollection  I  have  been  as  a 
boy,  and  as  a  man,  in  favor  of  woman's  rights.    Before  that 
question  took  the  form  of  the  question  as  to  the  right  of  suf- 
frage, in  my  own  childish  and  boyish  mind,  I  had  wondered 
why  it  was  that  any  woman  upon  whom  the  necessity  of  self 
support  was  imposed  by  circumstances,  when  that  class  of 
women  did  the  same  work  that  a  man  did,  and  did  it  equally 
Avell,  why  they  did  not  receive  the  same  compensation.    I  was 
always  as  a  boy  and  as  a  man  a  woman's  rights  boy  and  a  wom- 
an's rights  man  upon  that  question.    And  in  reflecting  upon 
that  it  seemed  to  me  that  to  deprive  women  of  the  right  of  suf- 
frage, of  the  right  to  vote,  of  the  right  of  expressing  their 
opinion  in  that  way  upon  public  questions,  might  have  some- 
thing to  do  with  it,  and  these  considerations  which  appealed  to 
my  sense  of  justice  as  a  boy  are  stronger  today  than  they  were 
then.    It  is  claimed  that  a  woman  who  does  the  same  work  as 
a  man  does  not  require  nor  expect  the  same  compensation  but  I 
say  give  her  the  opportunity  to  have  a  voice  in  these  questions. 
If  the  proposition  of  the  gentleman  from  Laramie,  Mr.  Camp- 
bell, was  to  submit  to  a  vote  of  the  people  the  question  wheth- 
er his  property  or  my  property  should  be  taken  from  me  and 
given  to  somebody  else,  if  that  was  the  question  there  would  be 
no  difference  of  opinion  upon  the  proposition.    In  Wyoming  this 
right  of  our  ladies  has  been  recognized,  has  been  enjoyed;  there 
is  such  a  thing  in  law  as  vested  rights,  and  the  decisions  of  our 
courts  are  unanimous  that  it  is  not  within  the  power  of  the 
legislature  even  to  take  away  from  any  person  his  rights  or  his 
property,  and  to  confer  them  upon  another,  and  it  seems  to  me 
that  is  what  this  proposition  proposes  to  do,  submitting  to  a 
vote  whether  we  shall  take  away  from  one-half  of  our  citizens, 
and  as  my  friend  across  the  way  has  well  stated,  the  better 
half,  a  certain  right,  and  increase  the  rights  of  the  other  half 
by  so  doing.    That  is  what  this  proposition  proposes  to  do.    But 
I  do  not,  as  I  said  at  the  outset,  think  it  necessary  to  discuss 
this  question  at  length,  our  time  is  too  precious,  many  of  our 
members  are  anxious  to  get  throgh  with  their  labors,  and  it 
seems  to  me  that  the  consideration  of  this  question  is  more  in 
the  nature  of  a  kind  of  class  meeting,  for  the  exchange  of 
friendly  words  and  speeches,  than  of  any  argument.    Thanking 
you  for  the  courtesy  and  kind  treatment  extended  me,  I  will 
say  no  more. 

*  Mr.  BROWN".    Before  saying  anything  on  the  question  be- 
fore the  house,  or  rather  the  committee,  now,  I  wish  to  pay 
a  tribute  to  the  high  integrity  of  the  gentleman  who  made  the 
motion  to  submit,  this  question  to  the  people  as  an  independ- 


352  CONSTITUTIONAL  CONVENTION 

ent  proposition.  I  have  known  him  for  many  years,  and  I  know 
him  to  be  a  man  of  conscience,  and  I  know  when  he  presents 
this  proposition  he  presents  it  in  the  highest  good  faith,  and 
although  we  may  differ  with  him  as  to  to  what  is  right  and 
proper  at  this  time,  as  members  of  this  convention  we  can  cer- 
tainly concede  to  him  the  highest  and  best  motives  which  we 
each  and  every  one  claim  for  ourselves.  Having  said  so  much 
as  to  this  matter,  I  now  desire  to  call  the  attention  of  this  com- 
mittee to  another  matter.  I  have  heard  a  rumor,  and  the  ru- 
mor has  gone  forth  throughout  the  territory  of  Wyoming  that 
there  is  to  be  a  secret  effort  made  [by  certain  people,  from  what 
cause,  or  governed  by  what  motive,  we  know  not,  to  defeat  this 
constitution  when  it  shall  be  submitted  to  the  people,  and  I 
have  heard  it  rumored,  Mr.  Chairman,  that  the  very  proposi- 
tion submitted  by  niy  friend  from  Laraniie,  Mr.  Campbell,  is  a 
part  of  that  scheme.  1  do  not  attribute  it  to  him  in  any  man- 
,ner,  because  I  know  the  gentleman  is  honest  and  honorable  in 
its  presentation,  but  inasmuch  as  this  rumor  has  gone  broad- 
cast throughout  the  territory,  to  present  the  matter  in  this  way 
now  is  a  dishonest  and  dishonorable  scheme.  A  step  further. 
As  a  matter  of  principle  I  am  opposed  to  the  proposition,  biit 
I  wish  now,  as  one  of  the  early  residents  of  the  territory,  to 
call  the  attention  of  the  convention  to  the  history  of  legislation 
in  Wyoming  upon  the  question  of  woman's  suffrage.  It  has 
been  said,  and  my  friend  repeats  the  rumor,  that  the  proposi- 
tion to  give  women  the  right  to  vote  in  Wyoming  was  origi- 
nally presented  in  jest.  I  think  the  rumor  is  not  well  founded. 
It  is  well  known  among  the  early  residents  of  this  territory 
that  the  then  president,  or  presiding  officer  of  one  branch  of 
the  legislature,  a  Mr.  Bright,  of  the  county  of  Sweetwater,  was 
an  honorable  and  able  advocate  of  the  right  of  suffrage  to  wom- 
en, and  of  granting  that  right  to  women.  When  the  legisla- 
ture, the  first  in  Wyoming,  convened  at  the  capital,  a  lady  of 
this  city,  Mrs.  Esther  Morris,  presented  a  bill  to  Mr.  Bright, 
asking  the  favorable  action  of  the  legislature  upon  that  ques- 
tion. The  question  was  considered  by  the  legislature,  and 
whether  or  not  there  was  some  of  its  members  who  treated  it 
as  a  matter  ofj  jest,  I  know  not,  but  that  the  measure  was 
adopted  in  serious  earnestness  thejre  is  no  doubt.  The  second 
legislature  of  Wyoming  convened  at  the  capital  and  a  bill  was 
introduced  by  a  member  of  that  body  to  repeal  the  former  bill. 
The  question  was  seriously  and  earnestly  considered  in  that 
legislature,  and  I  know  the  temper  of  the  men  who  then  dis- 
cussed it,  because  I  was  a  member  of  that  legislature,  and  the 
question  of  woman's  suffrage  in  that  legislature  became  a  po- 
litical question.  It  happened  that  it  was  presented  by  a  Demo- 
crat, some  feeling  had  arisen  among  the  members  of  the  conven- 
tion and  some  hostility  had  grown  up  amongst  them  against  the 
executive  of  the  territory  at  that  time  because  of  certain  veto 


PROCEEDINGS  AND  DEBATES. 


353 


measures;  growing  out  of  this  feeling  the  party  lash  was 
brought  down,  and  after  the  bill  repealing  this  law  had  been 
passed  by  a  majority  of  the  members  of  the  legislature,  the  gov- 
ernor vetoed  it.  It  came  back  for  reconsideration  and  the  veto 
of  the  governor  was  sustained,  notwithstanding  the  fact  that 
the  party  lash  was  brought  down  upon  the  backs  of  members 
of  that  convention  who  "Were  Democratic  in  their  opinion,  and 
by  reason  of  this  party  lash  many  of  them  were  forced  to  vote 
against  their  convictions  and  give  their  support  to  the  question 
of  woman's  suffrage  in  Wyoming.  From  that  day  to  the  pres- 
ent no  man  in  the  legislature  of  Wyoming  has  been  heard  to 
raise  his  voice  against  it.  It  has  become  one  of  the  fundamen- 
tal laws  of  the  land,  and  to  raise  any  question  about  it  at  this 
tune  is  as  improper  in  my  judgment  as  to  raise  any  question 
as  to  any  fundamental  right  guaranteed  to  any  citizen  in  this 
territory.  I  would  sooner  think,  Mr.  Chairman,  of  submitting  to 
the  people  of  Wyoming  a  separate  and  distinct  proposition  as 
to  whether  a  male  citizen  of  the  territory  shall  be  entitled  to 
vote.  If  we  are  at  this  time  to  discriminate  between  men  and 
and  women  as  to  this  elective  franchise  let  us  put  them  upon 
the  same  common  basis,  and  let  us,  if  we  are  to  vote  as  a  peo- 
ple upon  this  question  of  suffrage,  cover  the  whole  ground  and 
not  a  part  of  it. 

Mr.  HOYT.  I  sincerely  regret  the  occasion  for  any  discus- 
sion on  this  question.  I  had  assumed  that  a  principle  so  firmly 
established,  and  a  practice  so  honorable  to  the  people  of  this 
territory,  and  so  long  in  existence,  and  so  long  continued  to  the 
satisfaction  of  all,  would  have  the  unanimous  approval  of  a 
body  of  men  so  intelligent,  so  high  minded,  so  liberal  as  those 
who  compose  this  convention.  I  came  here,  I  may  say  in  all 
sincerity,  with  the  hope  that  there  would  be  no  occasion  for 
argument;  that  there  would  be  no  occasion  for  speech  making, 
and  I  thought  it  was  the  wish  among  the  members  of  this  con- 
vention that  this  matter  might  go  to  vote  without  a  word  un- 
less some  proposition  demanding  our  attention  should  be 
brought  before  the  convention.  The  wrong  done  to  the  supre- 
macy of  women,  a  wrong  begun  in  the  dark  ages,  was  some- 
what tempered  in  the  early  times  by  the  teachings  of  the  great 
philosophers,  and  later  was  further  tempered  by  the  teachings 
of  Christ,  that  living,  working  force  in  society,  in  which  each 
found  a  masterly  life,  worthy  of  the  Great  Father  of  All.  In 
American  women  rose  with  the  revolution,with  the  struggle  for 
independence,  her  services  in  which  secured  for  her  the  grati- 
tude of  her  countrymen,  and  the  admiration  of  the  world.  Fol- 
lowing this  came  increase  of  powers,  the  rights  and  privileges 
which  she  then  enjoyed  were  increased,  and  one  of  the  states, 
one  of  the  original  states  gave  her  the  right  of  suffrage  from  the 
year  1776  to  1807,  when  in  a  manner  unworthy  of  man,  it  was 
wrested  from  her.  The  war  of  the  rebellion,  what  examples  did 
23  — 


354 


CONSTITUTIONAL  CONVENTION. 


it  not  present  of  the  patriotism  and  heroism  of  our  women; 
they  were  seen  in  the  workshop,  in  the  field  of  the  husband- 
man, in  the  office,  in  the  factory,  where  she  toiled  to  make  good 
the  efforts  of  her  husband,  brothers,  father  and  sons.  How  on 
the  field  of  the  dead  and  in  the  tent  where  she  watched  over  the 
dying,  what  strength,  what  tenderness,  she  displayed.  Today 
we  find  in  the  nations  of  Europe  great  progress  in  the  interests 
of  women,  and  in  the  furtherence  of  her  rights.  In  Holland,  in 
Sweden,  in  Austria,  in  Australia,  the  right  to  vote  is  ceded  to 
her  on  the  ground  of  a  property  holder,  and  in  our  own  land 
have  been  made  greater  concessions.  Wyoming  stands  at  the 
front,  she  stands  upon  the  summit  of  this  pinnacle,  in  the  pro- 
gress of  women.  For  twenty  years  the  women  of  this  territory 
have  taken  part  with  the  men  of  the  territory  in  its  government 
and  have  exercised  this  right  of  suffrage  equally  with  them, 
of  the  results  of  which  we  are  all  proud.  No  man  has  ever  dar- 
ed to  say  in  the  territory  of  Wyoming  that  woman  suffrage  is 
a  failure.  There  has  been  no  disturbance  of  the  domestic  rela- 
tions, there  has  been  no  diminution  of  the  social  order,  there 
has  been  no  diminuation  of  the  dignity  which  characterizes 
the  exercise  of  the  elective  franchise;  there  has  been  on  the 
contrary  an  improvement  of  the  social  order,  better  laws,  bet- 
ter officials,  a  higher  and  better  civilization.  We  stand  today 
proud,  proud  of  this  great  experiment.  Why  then  this  extraor- 
dinary proposition?  After  so  many  years  having  exercised  with 
us  the  right  of  the  elective  franchise,  since  the  foundation  of 
this  territorial  government,  they  are  now  to  be  singled  out,  to 
be  set  aside,  and  the  question  submitted  to  a  vote  of  the  people 
as  to  whether  they  shall  have  a  continuance  of  the  rights  and 
privileges  which  have  been  given  to  them  by  the  unanimous 
consent  of  the  people  of  this  territory,  and  which  they  have  ex- 
ercised wisely  and  properly,  and  as  my  friend  says  with  profit 
to  the  whole  territory.  This  extraordinary  proposition  to  sub- 
mit to  a  vote  of  the  people  this  question  of  a  continuance  of 
what  you  may  call,  as  has  my  friend  from  Sweetwater,  a  vested 
right.  It  appears  to  me,  but  I  will  not  impugn  the  motives, 
for  I  agree  with  my  colleague  as  to  the  motives  of  the  gentle- 
man who  presented  this  proposition,  I  cannot  question  his  mo- 
tives in  doing  so,  but  I  demand,  as  a  matter  of  justice,  that  this 
proposition  should  be  voted  down  with  an  overwhelming  vote, 
and  I  would  that  the  gentleman  had  never  presented  it.  It  ap- 
pears to  me  this  proposition  cannot  have  been  dictated  by  anx- 
iety that  this  territory  should  suffer  by  a  continuance  of  this 
right,  and  by  putting  this  right  into  the  fundamental  laws  of 
the  territory,  for  the  reputation  which  Wyoming  has  today 
has  been  won  for  her  in  the  great  field  of  woman's  rights.  It 
appears  to  me  that  it  could  not  have  been  dictated  by  any  fear 
lest  the  people  of  the  territory  should  vote  down  the  constitu- 
tion if  this  provision  is  in  it,  for  I  know  from  my  travels  recent- 


PROCEEDINGS  AND  DEBATES.  355 

ly  throughout  the  territory  and  from  my  travels  in  years  past, 
that  the  great  overwhelming  majority  of  its  people,  male  and 
female,  in  Wyoming,  approve  of  her  enjoyment  of  her  rights 
as  they  stand  under  the  law  today,  and  would  approve  of  it  as 
an  element  of  the  fundamental  law  of  the  new  state.  Now, 
why;  why,  I  say,  if  these  gentlemen  want  this  constitution 
adopted,  why  do  they  want  to  put  this  proposition  to  a  separ- 
ate vote  of  the  people,  when  by  that  very  action  the  constitu- 
tion itself  will  be  voted  down?  Again,  I  believe  that  this  could 
hardly  have  been  dictated  by  any  fear  that  congress  will  re- 
ject our  constitution  because  it  embodies  in  it  a  guarantee  of 
the  rights  of  women,  unrestricted  in  the  exercise  of  her  rights 
and  franchises.  Now  I  believe  on  the  contrary  that  congress 
would  welcome  a  constituetion  embodying  a  woman's  rights 
platform,  would  welcome  our  constitution  and  our  state  into  the 
union  as  the  advance  guard  of  liberty  in  the  world.  We  are 
told  if  we  put  this  proposition  into  our  constitution  as  a  funda- 
mental law,  by  so  doing  we  shall  fail  to  secure  the  approval 
of  our  constitution  by  the  people  of  Wyoming,  and  its  accept- 
ance by  the  congress  of  the  United  States,  but  if  it  should  so 
prove  that  the  adoption  of  this  provision  which  is 
to  protect  the  rights  of  the  women  of  the  territory,  shall  work 
against  our  admission,  then  I  agree  with  my  honorable  friend 
from  Uinta  county,  that  we  would  rather  remain  out  of  the 
union  until  a  sentiment  of  justice  shall  prevail.  But  I  think, 
nay,  I  know,  oh  the 'contrary,  that  one-half  the  members  of  the 
congress  of  the  United  States  are  in  sympathy  with  this  very 
principle,  and  would  regard  us  as  a  more  honorable  people, 
as  having  done  our  duty  and  so  respect  us,  if  we  incorporate 
this  proposition  as  a  fundamental  law  into  the  instrument 
which  we  send  to  them  for  their  approval.  I  will  not  detain  the 
house  longer,  Mr.  Chairman,  but  I  feel  a  deep  interest  in  this 
matter,  because  it  rises  above  the  other  questions  which  we  are 
to  consider,  it  is  a  question  of  rights,  a  question  of  human 
rights.  We  struggle  with  propositions  on  irrigation,  on  munic- 
ipal corporations,  on  education,  on  railroads,  corporations,  and 
other  matters,  which  are  indeed  important,  but  how  trivial, 
how  subordinate  they  are  when  brought  into  comparison  with 
the  great  questions  of  the  rights  of  humanity.  Mr.  Chairman, 
I  feel  for  this  territory  of  Wyoming,  and  for  the  people  of 
Wyoming,  an  affection  which  I  cherish  for  no  other  part  of  this 
round  world,  greater  than  I  cherish  for  the  state  where  I  spent 
the  prime  of  my  life,  greater  than  for  the  land  of  my  birth, 
where  as  a  happy  child  I  played;  here  I  have  planted  myself 
with  my  fortunes,  all  my  present  interests  and  future  interests 
are  here,  here  I  have  made  by  sacrifices,  and  I  would  not  lose 
my  respect  for  this  people,  this  people  whom  I  have  loved,  for 
whom  I  have  lived,  and  so  I  make  this  last  appeal,  let  us  not 
only  vote  down  this  amendment  which  I  am  sure  we  shall  do 


356  CONSTITUTIONAL  CONVENTION. 

by  a  large  majority,  but  let  us  do  it  so  completely,  so  over- 
whelmingly, so  effectually,  that  the  question  will  no  longer  rise. 
We  hope  to  see  planted  upon  this  beautiful  flag  another  star, 
let  it  be  a  star  whose  radiancy  shall  be  undimmed  by  any  act 
of  abandonment  or  thievery  on  the  part  of  one-half  of  the  pop- 
ulation as  dealing  with  the  other  Half,  and  as  my  friend  said, 
the  better  half  of  our  entire  population. 

Mr.  BUEEITT.  I  protest  against  the  further  use  of  the 
time  of  this  convention  in  the  discussion  of  this  matter.  If  I 
understand  the  import  of  the  motion  that  is  before  the  house, 
the  gentleman  who  made  it,  my  friend  from  Laramie,  Mr.  Camp- 
bell, did  not  say  that  he  opposed  woman's  suffrage,  on  the  con- 
trary he  said  he  was  in  favor  of  it,  and  believed  it  was  right, 
and  would  vote  for  it,  but  I  understood  he  rose  here  to  defend 
the  right  of  petition.  He  has  been  requested  to  present  to  this 
convention  a  request  of  a  small  minority  perhaps  in  the  city  of 
Cheyenne,  or  in  the  county  of  Laramie,  among  his  constituents. 
They  have  presented  here  a  petition  asking  us  to  submit  this  as 
a  separate  proposition.  I  had  no  idea  when  the  gentleman 
presented  it  such  a  tempest  in  a  teapot  would  be  raised.  The 
gentleman  destroyed  any  argument  that  he  made  for  it  in  fa- 
vor of  this  amendment,  which  is  really  the  question  before  the 
convention,  by  saying  first  that  woman's  suffrage  as  a  princi- 
ple is  right;  second,  that  he „ would  vote  for  it  if  presented  to  the 
people.  And  he  further  said  that  he  was  not  afraid  in  defend- 
ing the  right  of  petition  to  come  Before  this  convention  and  en- 
dorse this  proposition  to  be  separately  voted  upon  by  the  peo- 
pl^,  and  he  was  not  afraid  to  do  it*  even  if  it  cost  him  the  la- 
dies vote,  or  any  other  class  of  votes  in  the  community.  That 
certainly  is  very  courageous  on  the  part  of  the  gentleman 
from  Laramie,  and  as  one  of  the  citizens  of  Johnson  county,  I 
am  equally  courageous,  and  I  agree  with  him,  and  if  there  is 
any  one  man  up  in  our  county  who  wants  to  protest  against 
woman's  suffrage  and  will  send  down  a  petition,  or  anything  of 
that  sort  to  that  effect,  I  will  rise  here  and  present  and  give  op- 
portunity for  my  single  representative  up  there  to  be  heard. 
But  I  will  say  this  much  in  addition  to  that,  which  the  gentle- 
man from  Laramie  did  not  say,  that  as  a  member  of  this  conven- 
tion, and  believing  with  my  friend  here  on  the  right,  that  this 
right  of  suffrage  is  a  vested  right,  and  which  it  would  be  wrong 
and  wicked  for  us  to  attempt  to  deprive  them  of,  I  have  also  the 
courage  to  rise  above  the  single  constituent  that  I  have  in 
Johnson  county  who  is  opposed  to  woman's  suffrage,  and  I 
know  but  one,  and  to  rise  above  the  majority  of  the  citizens  of 
Johnson  county,  if  I  knew  they  were  opposed  to  woman's  suf- 
frage, and  to  say  that  this  convention  and  this  state  has  as 
much  courage  as  I  have,  and  believing  that  woman's  suffrage  is 
right,  this  convention  has  the  courage,  and  this  state  has  the 
courage,  to  go  before  congress  and  the  world  with  this  suffrage 


PROCEEDINGS  AND  DEBATES. 


357 


plank  in  its  constitution,  and  if  they  will  not  let  us  in  with  this 
plank  in  our  constitution  we  will  stay  out  forever.  I  with  the 
gentleman  from  Laramie,  Mr.  Campbell,  defend  the  right  of 
petition,  and  so  far  as  that  is  concerned  I  stand  with  him,  but 
when  it  comes  to  vote  upon  this  question.  I  stand 
upon  a  higher  and  a  broader  platform,  I  stand  upon  the 
platform  of  right,  and  I  advocate  the  continuance  of  the  right 
of  women  to  vote  and  hold  office  and  enjoy  equally  with  men 
all  civil,  religious  and  political  rights  and  suffrages,  and  that  it 
be  incorporated  as  a  part  of  the  fundamental  law  of  the  con- 
stitution of  this  state,  and  if  we  cannot  come  into  the  union  of 
states  with  a  platform  of  right,  why  then  we  will  stay  out  and 
willingly  remain  in  a  territorial  form  of  government  until  all 
of  us  have  passed  away  to  the  grave. 

Mr.  PALMER-.  I  favor  the  motion  of  the  gentltman  from 
Laramie.  There  are  a  great  many  voters  in  the  county  I  rep- 
resent. S\\<  etwater  county,  who  are  opposed  to  the  principle 
and  idea  of  woman's  suffrage,  but  still  they  would  like  to  come 
into  the  union  of  states,  and  therefore  they  would  like  to  vote 
on  this  matter  separately.  They  will  not  vote  for  the  constitu- 
tion if  it  contains  this  woman's  suffrage  plank,  and  therefore 
I  think  it  would  be  expedient  if  the  members  of  this  convention 
desire  this  constitution  adopted  that  they  give  them  the  right  to 
vote  upon  this  matter  separately.  I  don't  think  that  this  is 
the  proper  time  to  discuss  whether  or  not  woman's  suffrage 
as  a  principle  is  just  and  right,  but  I  believe  that  the  people 
should  have  the  right  to  vote  upon  this  matter  separately,  so 
that  the  interests  of  the  constitution  itself  shall  not  $>e  jeop- 
ardized. 

Mr.  CHAIRMAN.    Is  the  committee  ready  for  the  question? 

Mr.  COXA  WAY.  I  had  already  occupied  more  of  the  time 
of  the  convention  than  I  intended  on  this  question,  and  I  had 
hoped  that  the  delegates  from  Sweetwater  county  would  be 
unanimous  in  the  matter,  but  I  find  that  my  fond  hope  is  dis- 
appointed, and  I  must  say  that  I  cannot  agree  with  my  respect- 
ed colleague,  Mr.  Palmer,  in  his  view  of  the  question.  I  do  not 
think  that  there  are  many  of  our  constituents  who  desire  a  sep- 
arate vote  upon  this  question,  or  that  the  passage  of  the  consti- 
tution which  we  are  to  submit,  would  be  jeopardized  by  incor- 
porating this  provision,  but  I  did  not  rise  now  for  the  purpose 
of  discussing  that  question  at  length,  but  to  call  attention  to 
something  which  happened  in  our  part  of  the  territory.  At  the 
last  election  my  respected  colleague,  Mr.  Palmer,  and  myself 
were  opposing  candidates  upon  the  two  tickets,  and  it  seems  to 
me  that  the  course  he  takes  now  implies  great  ingratitude, 
which  has  been  called  the  basest  of  crimes.  What  I  mean  by 
this  I  will  now  explain.  Without  making  a  very  active  canvass 
in  the  matter,  it  happened  that  I  was  at  the  town  of  Rock 
Springs,  during  the  latter  part  of  the  campaign,  and  while 


CONSTITUTIONAL  CONVENTION. 

there  an  elderly  lady  approached  ine  and  commenced  talking 
about  the  election.  Of  course  that  made  an  opening  for  me  to 
try  and  ascertain  how  matters  stood  in  the  town  in  respect  to 
my  own  prospects,  and  I  asked  her  the  question  how  she 
thought  I  stood  among  the  ladies  of  Rock  Springs,  and  what 
proportion  of  the  vote  of  the  ladies  I  would  get?  "Well,"  said 
she,  "I  don't  know  how  that  will  be,  but  there  are  so  many  of 
these  girls,"  (she  had  arrived  at  that  age  when  she  called  all 
unmarried  ladies  girls),  "there  are  so  many  of  these  girls  who 
will  vote  for  your  opponent  simply  because  he  is  young  and 
handsome." 

Mr.  PALMEK.  I  would  suggest  that  if  that  is  the  case,  that 
this  idea  of  woman's  suffrage  is  all  wrong  simply  for  that  very 
reason. 

Mr.  CHAIRMAN.  Is  the  committee  ready  for  the  question? 
The  question  is  on  the  amendment  offered  by  the  gentleman 
from  Laramie  county,  Mr.  Campbell,  that  this  question  so  far 
as  it  relates  to  woman's  suffrage,  shall  be  submitted  as  a  sep- 
arate proposition,  to  the  voters  of  the  territory,  and  not  em- 
bodied as  a  fundamental  law  in  the  constitution.  All  those  in 
favor  of  the  amendment  will  say  aye;  those  opposed  no.  The 
chair  is  in  doubt.  All  those  in  favor  of  the  amendment  will  rise 
and  stand  until  counted — 8.  Those  opposed  will  rise  and  stand 
until  counted — 20.  The  motion  to  amend  is  lost.  The  question 
now  recurs  upon  the  section  as  reported  by  the  committee.  All 
those  in  favor  of  the  report  of  the  committee  upon  this  ques- 
tion will  say  aye;  those  opposed  no.  The  ayes  have  it;  the  mo- 
tion prevails. 

Air.  CFJAIRM1N.    The  secretary  will  read  Sec.  2. 
(Reading  of  Sec.  2.) 

Mr.  CHAIRMAN.    Any  amendments  to  Sec.  2? 
Mr.  PALMER.    I  desire  to  offer  an  amendment  to  Sec.  2, 
by  inserting  after  the  word  "every"  the  word  "male." 

Mr.  CHAIRMAN.    The  chairman  hears  no  second  to  the  mo- 
tion of  the  gentleman  from  Sweetwater;  is  there  a  second? 
Mr.  CASEBEER.    I  second  the  motion. 
Mr.  CAMPBELL.    Now  that  the  motion  is  seconded,  I  rise 
to  a  point  of  order.    The  point  of  order  is  this.    You  have  favor- 
ably passed  upon  Sec.  1,  in  which  it  says  "the  rights  of  the 
citizens  to  vote  or  hold  office  shall  not  be  denied  or  abridgel  on 
account  of  sex."    Now  I  say  this  motion  is  out  of  order,  for  if 
you  should  put  in  that  word  "male"  it  would  make  two  incon- 
sistent sections. 

Mr.  CHAIRMAN.  The  chair  will  decide.  The  motion  is  to 
amend  by  inserting  in  the  first  line  of  Sec.  2  the  word  "male" 
after  the  word  "every."  The  amendment  of  the  gentleman  from 


PROCEEDINGS  AND  DEBATES.  359 

Sweetwater  is  in  order.  This  committee  has  the  power  to  be 
inconsistent  if  it  desires  to  be  inconsistent.  Are  you  ready  for 
the  question?  All  in  favor  of  the  amendment  will  say  aye;  those 
opposed  no.  The  noes  have  it;  the  motion  is  lost. 

Mr.BROWN.  I  now  move  that  the  substitute  reported  by 
the  committee  be  voted  on  instead  of  Sec.  1  of  the  printed  bilL 
The  substitute  will  read:  "The  rights  of  citizens  of  the  state 
of  Wyoming  to  vote  and  hold  office  shall  not  be  denied  or 
abridged  on  account  of  sex.  Both  male  and  female  citizens  of 
this  state  shall  equally  enjoy  all  civil,  political  and  religious 
rights  and  privileges." 

Mr.  BURRITT.    Second  the  motion. 

Mr.  CHAIRMAN.  Is  the  committee  ready  for  the  ques- 
tion that  the  matter  just  read  shall  be  substituted  for  Sec.  1, 
I  believe  it  is?  All  in  favor  of  the  substitute  will  say  aye;  those 
opposed  no.  The  ayes  have  it;  the  motion  is  carried.  The  sec- 
retary will  read  Sec.  3. 

(Reading  of  Sec.  3.) 

Mr.  POTTER.  I  did  not  know  we  were  through  with  Sec. 
2.  I  think  there  was  no  vote  taken  on  Sec.  2,  but  only  on  the 
amendment  offered  by  the  gentleman  from  Sweetwater  to 
Sec.  2. 

Mr.  CHAIRMAN.  The  gentleman  is  correct.  The  chair 
begs  pardon  for  his  mistake.  The  question  is  upon  Sec.  2.  Are 
you  ready  for  the  question? 

Mr.  POTTER.  I  move  to  amend  Sec.  2  by  striking  out  the 
words  "six  months"  and  inserting  "one  year."  Is  the  commit- 
tee ready  for  the  question?  All  in  favor  of  the  amendment 
will  say  aye;  those  opposed  no.  A  division  is  called  for.  All 
in  favor  of  the  motion  will  please  rise  and  stand  until  counted 
— 17.  Those  opposed  will  rise — 9.  The  amendment  is  car- 
ried. 

Mr.  HOYT.  I  desire  to  offer  a  proposition  which  would  be  a 
distinct  section,  defining  citizenship.  As  the  term  occurs  fre- 
quently it  seems  to  me  that  we  should  know  what  the  term 
"citizen"  means. 

Mr.  BROWN.  It  seems  to  me  that  we  are  passing  over 
these  matters  altogether  too  rapidly.  There  are  questions  here 
that  ought  to  be  considered  carefully,  instead  of  rushing  along 
at  race  horse  speed. 

Mr.  CHAIRMAN.    Is  there  any  section  which  the  gentle- 
man wishes  recalled?  Sec.  2  is  still  before  the  committee. 

Mr.  BROWN.  I  will  intimate  the  amendment  which  I  wish 
to  make.  In  Sec  1  we  say  "the  rights  of  citizens  of  Wyoming 
to  vote  shall  not  be  denied  on  account  of  sex."  And  in  Sec.  2 
we  further  say:  "Every  citizen  of  the  United  States  of  the  age 
of  twenty-one  years  and  upwards  who  has  resided  in  the  state 
six  months  and  in  the  county  wherein  such  residence  is  located 
sixty  days  next  preceding  any  election  shall  be  entitled  to  vote 


CONSTITUTIONAL  CONVENTION. 

at  such  election."  Now  under  this  section  everybody  is  enti- 
tled to  vote,  that  is  every  citizen  that  is  twenty-one  years  of 
age,  etc.,  whether  he  is  otherwise  disqualified  or  not.  Wheth- 
er paupers,  or  insane  persons,  or  whether  convicted  of  crime, 
or  whatever  may  have  happened  to  them,  under  this  section  as 
it  now  reads,  they  are  entitled  to  vote.  I  would  like  to  ask 
whether  that  is  the  intention  of  the  committee? 

Mr.  POTTER,  Judge,  that  is  provided  for  further  on  in  this 
bill. 

Mr.  ELLIOTT.  In  order  to  have  the  sections  entirely  con- 
sistent, I  move  to  insert  at  the  end  of  Sec.  2  "except  as  herein 
otherwise  provided. 

Mr.  CAMPBELL.    Second  the  motion. 

Mr.  CHAIRMAN.    The  motion  of  the  gentleman  from  John- 
son is  to  amend  by  inserting  at  the  end  of -Sec.  2  "except  as 
herein  otherwise  provided."    Are  you  ready  for  the  question? 
All  in  favor  of  the  motion  will  say  aye;  those  opposed  no.  The 
ayes  have  it;  ^the  motion  is  carried.    Any  other  amendments? 

Mr.  HOYT.  I  now  desire  to  oifer  a  proposition  defining 
citizenship  in  this  state.  "All  residents  of  this  territory  of  the 
age  of  twenty-one  years  or  over,  born  or  naturalized  in  the 
United  States,  and  subject  to  the  jurisdiction  thereof  (except 
Indians  not  taxed  and  still  living  in  tribal  relations),  being  of 
sound  mind,  and  unconvicted  of  crime,  are  hereby  declared  to 
be  citizens  of  this  state."  This  fixes  the  question  as  to  who  are 
or  are  not  citizens. 

Mr.  CHAIRMAN.  How  does  the  gentleman  from  Albany 
sire  to  have  that  attached  to  Sec.  2,  or  decire  it  to  appear  as  a 
separate  section,  to  be  known  as  Sec.  2,  renumbering  the  fol- 
lowing sections? 

Mr.  COFFEEN.  Why  not  make  this  definition  still  more 
definite,  and  say  all  residents  of  this  territory  whether  male 
or  female. 

Mr.  CHAIRMAN.  Does  the  gentleman  from  Albany  de- 
desire  to  have  this  come  in?  As  a  separatf.  section? 

Mr.  HOYT.  That  was  my  idea  about  it,  that  it  should  stand 
as  a  separate  section.  Sec.  1  perhaps. 

Mr.  CHAIRMAN.  Sec.  1  has  already  been  adopted.  It 
would  be  necessary  to  change  the  numbers. 

Mr.  HOYT.  It  seems  to  me  that  the  definition  of  citizen- 
ship should  come  in  before  anything  else. 

Mr.  CHAIRMAN.  The  amendment  which  the  gentleman 
from  Albany  desires  to  have  inserted  as  Sec.  1,  and  the  other 
sections  changed  to  correspond,  is  now  before  the  committee. 
Are  you  ready  for  the  question? 

Mr.  CAMPBELL.  I  think  if  the  gentleman  will  consider  a 
minute  he  will  find  there  is  an  inconsistency  in, his  amendment. 
There  is  a  well  defined  difference  between  the  meaning  of  the 
words  citizen  and  resident.  A  man  can  be  a  resident  of  one 


PROCEEDINGS  AND  DEBATES.  361 

state  and  a  citizen  of  another,  and  a  resident  of  one  place,  but 
still  a  citizen  of  another  place.  Now  YOU  have  both  these 
words  in  here,  without  making  it  clear  which  is  meant,  whether 
a  resident  shall  be  a  citizen  or  a  citizen  a  resident. 

Mr.  HOYT.  I  would  ask  whether  the  word  person  would 
cover  the  ground  clearly  and  satisfactorily? 

Mr.  CAMPBELL.  Now  there  is  one  thing  more  in  that  reso- 
lution to  which  I  want  to  call  attention.  The  language  in  rela- 
tion to  persons  convicted  of  crime.  Now  it  is  wrell  known  in  law 
that  a  conviction  means  a  judgment  upon  the  verdict  of  a 
jury.  A  jury  may  return  a  verdict  of  guilty  and  the  judge  pro- 
nounce sentence  upon  that  verdict.  Now  that  is  a  conviction. 
An  innocent  person  may  be  convicted,  the  jury  return  a  verdict 
of  guilty  and  the  court  pass  sentence  upon  him.  Future  investi- 
gations may  show  him  entirely  innocent  of  the  crime  with 
which  he  is  charged,  and  if  you  put  that  clause  into  the  con- 
stitution as  it  now  stands  there  is  no  power  residing  in  the 
courts  or  in  the  legislature  to  restore  that  man  to  citizenship, 
and  yet  he  is  entirely  innocent,  but  as  that  section  now  stands 
it  would  deprive  him  forever  of  enjoying  the  privileges  of  citi- 
zenship within  the  state  of  Wyoming,  because  he  had  been  con- 
victed of  crime. 

Mr.  BEOWN.  How  would  it  do  to  add  the  words  "unless 
restored  to  citizenship  according  to  law,"  after  the  words  "con- 
Ticted  of  crime." 

Mr.  BAXTER.  I  am  entirely  in  sympathy  with  the  object 
that  Governor  Hoyt  is  trying  to  reach,  but  it  seems  to  me  that 
there  is  a  repitition  of  what  we  already  have  here,  and  that  it 
is  unnecessary.  There  should  be  no  question,  and  there  can  be 
no  question  as  to  a  woman's  being  a  citizen  of  the  state ;  it  has 
~been  passed  upon  by  the  courts.  Some  decision  I  had  access 
to  a  day  or  two  since,  I  forgot  the  style  of  the  case,  as  to  wheth- 
er or  not  a  woman  is  a  citizen  of  a  state,  the  decision  held  by 
the  court  that  inasmuch  as  any  citizen  can  sue  another,  and 
that  they  must  clearly  establish  their  citizenship  in  the  state 
'before  they  can  come  into  court,  and  inasmuch  as  women 
throughout  the  limits  of  the  United  States  are  frequently  par- 
ties in  a  suit,  it  naturally  follows  that  she  is  a  citizen  of  the 
state  or  she  could  not  come  into  court.  There  is  no  question  in 
the  world  as  to  a  woman's  being  a  citizen  of  a  state,  but  citi- 
zenship does  not  carry  with  it  the  right  to  vote.  That  is  not  one 
of  the  rights  of  a  citizen  primarily.  In  Sec.  1  we  provide  that 
every  citizen  shall  be  entitled  to  vote.  Now  the  term  every  cit- 
izen must  necessarily  include  women,  and  it  seems  to  me  it  is 
unnecessary  to  insert  the  words  male  and  female  in  this  section. 
If,  however,  it  is  thought  necessary  to  incorporate  that  section 
I  am  in  favor  of  it. 

Mr.  HOYT.  In  explanation  of  the  amendment  I  will  simply 
say  that  unless  I  am  incorrectly  informed  the  decision  ?  of  the 


362  CONSTITUTIONAL  CONVENTION. 

courts  in  Washington  territory  on  this  point  was  to  the  effect 
that  a  woman  is  not  a  citizen.  The  question  of  citizenship  was 
the  very  question  which  disenfranchised  the  women  of  Wash- 
ington territory,  the  courts  holding  that  she  was  not  a  citizen. 
Mr.  CAMPBELL.  Women  can  be  naturalized,  and  in  tak- 
ing up  land  in  Wyowing  they  are  obliged  to  declare  that  they 
are  citizens. 

Mr.  CHAIRMAN.  Any  further  remarks?  The  question  is 
upon  the  amendment  offered  by  the  gentleman  from  Albany,. 
Mr.  Hoyt,  to  make  this  Sec.  1,  renumbering  the  following  sec- 
tions. Are  you  ready  for  the  question? 

Mr.  COFFEEN.  I  do  not  wish  in  any  way  to  appear  as  op- 
posing the  amendment  of  the  gentleman,  which  I  believe  is  just 
and  right,  and  I  do  not  think  we  should  be  afraid  of  express- 
ing in  this  constitution  just  such  things  as  that.  But  it  seems 
to  me  that  we  ought  to  have  that  clause  in  which  provides  that 
persons  convicted  of  any  crime  may  be  restored  to  civil  rights, 
and  if  the  gentleman  will  insert  that  I  will  gladly  support  his 
amendment. 

Mr.  POTTER.  It  seems  to  me  that  we  are  treading  on  very 
dangerous  ground.  I  think  the  definition  of  the  term  citizen  is 
pretty  well  understood  at  present,  and  that  if  we  attempt  to 
define  it  here  we  are  going  to  get  ourselves  into  trouble.  Cir- 
cumstances may  arise  which  we  cannot  now  foresee,  and  it 
seems  to  me  that  we  had  better  leave  this  whole  question  of  cit- 
izenship alone  and  not  attempt  to  define  it,  or  incorporate  it 
into  our  constitution. 

Mr.  COFFEEN.  In  connection  with  what  the  gentleman 
has  said  who  has  just  spoken,  I  want  to  ask  simply  this  ques- 
tion: Does  this  article,  without  the  amendment  of  the  gentle- 
man from  Albany,  defining  who  shall  be  citizens  of  this  state, 
does  this  article  in  any  place  declare  who  shall  be  citizens  of 
this  state?  If  it  does  not  declare  it,  it  occurs  to  my  mind  that 
we  ought  to  declare  it ;  but  if  this  proposition  is  not  the  proper 
one,  if  it  is  already  declared  in  the  fundamental  laws  of  the 
United  States  who  is  a  citizen  of  a  state,  then  I  agree  with  the 
gentleman  who  has  last  spoken. 

Mr.  TESCHEMACHER.  I  would  like  to  call  attention  to 
the  race  horse  speed  to  which  my  friend  Mr.  Brown  referred. 
We  have  just  been  two  hours  considering  two  sections,  that  is 
one  hour  to  the  section.  That  is  not  what  I  call  race  horse 
speed.  Without  any  disrespect  to  my  friend  Governor  Hoyt  I 
think  we  might  as  well  attempt  to  define  the  first  letter  of  the 
alphabet,  what  the  letter  A  is,  as  to  try  and  define  what  a  cit- 
izen is.  If  we  declare  what  a  citizen  of  the  state  is  it  is  going 
to  be  taken  right  up  by  the  courts,  and  the  United  States  has 
already  decided  what  a  citizen  is,  and  it  will  make  no  difference 
what  we  declare.  It  seems  to  me  entirely  unnecessary  and  a 
waste  of  time. 


PROCEEDINGS  AND  DEBATES. 

Mr.  PALMER.  I  would  like  to  call  attention  to  Sec.  6  of 
this  file.  I  presume  after  reading  that  section  exempting  cer- 
tain persons  from  the  elective  franchise,  it  will  be  seen  that 
all  persons  excepting  those  named  in  that  and  the  subsequent 
sections,  are  entitled  to  vote,  and  that  it  is  unnecessary  to  have 
this  amendment  of  the  gentleman  from  Albany,  attempting  to 
define  citizenship,  a  matter  that  has  caused  a  great  deal  of 
discussion  from  the  earliest  days  down  to  the  present  time.  I 
don't  think  we  are  in  a  position  to  make  any  such  definition. 

Mr.  CHAIRMAN.  The  chair  understands  that  the  rights 
of  the  women  of  Washington  territory  turned  entirely  upon 
this  question  whether  she  was  a  citizen  or  not,  and  it  was  be- 
cause she  was  not  a  citizen  under  any  provision  of  the  law 
that  she  was  excluded  from  the  right  of  suffrage  and  it  seems 
to  me  that  while  we  are  about  it  that  we  should  make  this  mat- 
ter entirely  safe,  and  I  do  not  think  as  the  proposition  now 
stands  that  it  is  entirely  safe; 

Mr.  POTTER.  Are  you  going  to  disenfranchise  all  the 
children  of  this  state?  This  says  all  persons  born  or  natural- 
ized in  the  United  States,  of  the  age  of  twenty-one  years  or 
over.  I  should  like  to  know  if  that  does  not  disenfranchise  the 
children? 

Mr.  BROWN.  I  would  like  to  ask  the  gentleman  from  Lar- 
amie,  Mr.  Potter,  a  question.  I  ask  that  he  read  the  section 
that  we  have  adopted  and  say  whether  in  his  judgment  as  it 
stands  it  really  gives  to  the  women  of  this  territory  the  right 
of  suffrage  ?  The  section  as  we  have  now  adopted  it,  and  in  or- 
der that  he  may  understand  it,  I  will  read  it  again:  "The 
rights  of  citizens  of  the  state  of  Wyoming  to  vote  and  hold  of- 
fice shall  not  be  abridged  or  denied  on  account  of  sex."  So  far 
it  does  not  give  the  right  of  suffrage  to  anyone.  Let  us  read 
further.  "Both  male,  and  female  citizens  of  this  state  shall 
equally  enjoy  all  civil,  political  and  religious  rights  and  pri- 
vileges." If  this  section  ended  with  the  word  "rights"  it  would 
give  to  no  woman  in  the  territory  of  Wyoming  any  possible 
right  to  vote.  The  right  of  suffrage  is  a  privilege  and  not  a 
right  at  all,  and  has  so  been  passed  upon  over  and  over  again. 
Nowr  the  question  is  whether  using  the  word  privilege  in  that 
section  does  in  fact  give  women  the  right  to  vote.  I  am  not 
clear  about  it  myself,  and  while  we  are  doing  these  things  and 
mean  to  give  women  this  right,  let  us  not  be  uncer- 
tain about  anything.  I  am  in  favor  of  the  proposition  present- 
ed by  the  gentleman  from  Albany. 

Mr.  POTTER.  I  referred  to  the  fact  that  this  amendment 
does  not  include  children.  I  will  read  what  the  supreme  court 
of  the  United  States  has  to  say  on  this  subject:  "A  child  is  from 
its  birth  a  citizen  of  the  state,  etc." 


364  CONSTITUTIONAL  CONVENTION. 

Now  my  position  in  regard  to  this  matter  is  simply  this: 
I  don't  believe  this  amendment  is  necessary,  and  not  being  nec- 
essary, we  are  liable  to  get  into  some  trouble  about  it. 

Mr.  CAMPBELL.  I  want  to  make  an  explanation  before 
the  vote  is  taken  on  this  proposition.  I  am  in  favor  of  no  per- 
son voting  unless  he  is  a  citizen  of  the  United  States.  Mr. 
Clark,  of  Uinta,  has  decided  views  on  this  subject,  he  believing 
that  a  naturalized  citizen  should  have  the  right,  and  I  think 
he  would  like  to  be  heard  in  the  convention  on  this  subject. 
As  he  is  absent  I  will  pair  with  him  on  that  subject. 

Mr.  CHAIRMAN.  Any  further  remarks?  I  have  no  desire 
to  hurry  matters,  but  desire  to  protect  every  interest,  as  I 
think  it  a  matter  which  should  be  carefully  considered. 

Mr.  HOYT.  I  should  be  very  glad  to  withdraw  my  amend- 
ment if  there  is  any  one  here  who  will  offer  a  substitute  which 
will  cover  the  ground  perfectly  and  satisfactorily  to  all. 

Mr.  CHAIRMAN.  Does  the  committee  desire  to  proceed, 
or  desire  to  report  progress  and  ask  leave  to  sit  again?  The 
question  on  the  amendment  relative  to  citizenship  is  still  be- 
fore the  committee.  Do  you  desire  to  move  upon  that  question? 

Mr.  BAXTER  I  don't  know  whether  I  am  entirely  prepar- 
ed to  vote  upon  the  question  or  not.  I  want  to  sustain  that 
amendment  if  it  is  necessary.  If  it  is  to  be  a  useless  repitition 
I  don't  think  we  had  better  incorporate  it  into  the  constitution. 
I  am  very  much  surprised  at  Judge  Brown's  declaration  as  to 
just  what  is  covered  by  Sec.  1  as  adopted.  I  have  taken  some 
pains  to  consult  with  several  attorneys  in  the  last  few  days, 
and  they  have  all  assured  me  that  Sec.  1  as  printed  here,  and 
which  I  understand  was  the  first  report  of  the  committee,  was 
explicit  and  could  not  be  misunderstood,  and  I  favored  the 
adoption  of  the  section  as  originally  suggested,  and  which  has 
been  embodied  in  the  report  of  the  committee,  simply  because 
it  seemed  to  me  the  wisest,  safest  thing  that  we  could  incorpo- 
rate, and  that  it  would  unquestionably  give  to  women  the 
right  to  exercise  the  elective  franchise,  but  the  expression  of 
Judge  Brown,  in  whose  judgment  I  have  the  greatest  confi- 
dence, rather  sh'akes  my  confidence  in  the  advice  heretofore 
received,  and  simply  illustrates  the  fact  that  lawyers  will  dif- 
fer upon  almost  any  proposition  that  can  be  submitted  to 
them.  But  I  would  like  to  hear  from  the  balance  of  the  legal 
fraternity  as  to  whether  or  not  it  is  necessary  to  define  what 
shall  constitute  a  citizen  of  the  state.  I  had  heretofore  been 
assured  so  unquestionably  that  no  question  could  arise  as  to  a 
woman's  being  a  citizen  that  the  proposition  already  adopted 
seemed  to  cover  the  ground.  But  if  it  is  not  sufficient  we  ought 
to  make  it  so. 

Mr.  HOLDEN.  Mr.  Chairman,  I  agree  fully  with  the  gen- 
tleman from  Laramie,  Mr.  Baxter,  that  if  that  Sec.  1  does  not 
secure  fo  women  the  rierht  to  vote  that  we  should  not  fail  to 


PROCEEDINGS  AND  DEBATES.  36 c 

secure  that  right  before  we  have  done  with  this  section.  Now 
while  I  would  not  cast  my  opinion  in  the  balance  against  the 
opinion  of  the  able  and  learned  gentlemen  in  this  convention, 
still  it  seems  to  me  that  this  section  does  secure  that  right  and 
for  the  reason  that  Article  XV,  Section  1.  of  the  constitution 
of  the  United  States,  says  that  the  right  of  citizens  of  the 
United  States  to  vote  shall  not  Jbe  abridged  or  denied  on  ac- 
count of  race,  color  or  previous  condition  of  servitude.  Now 
I  would  like  to  ask  this  convention  if  the  word  sex  had  been 
placed  in  that  section  would  not  the  right  to  vote  been  secured 
as  it  has  been  secured  to  millions  of  enslaved  men,  secured  to 
women  to  vote  ?  Now  if  the  language  of  that  section  secures 
the  right  of  suffrage  to  the  colored  race  throughout  the  length 
and  breadth  of  America,  the  question  that  presents  itself  to 
my  mind  is  this :  Does  not  Sec.  1,  which  is  now  under  consider- 
ation, secure  to  women  the  right  to  vote  in  Wyoming  territory? 
If  it  does  then  there  is  no  necessity  for  adding  anything  to  it. 
If  it  don't  I  should  like  to  hear  the  fullest  discussion  upon 
this  question,  for  I  have  not  changed  my  opinion  expressed  a 
few  moments  ago,  that  we  would  remain  under  a  territorial 
form  Df  government  throughout  the  endless  cycles  of  time  than 
surrender  the  right  which  my  wife  and  sisters  have  so  long  en- 
joyed, and  as  Judge  Brown  said  a  few  moments  ago,  if  we  are 
going  to  do  this  thing  att  all,  let  us  not  do  it  half  way,  but  let 
us  give  it  to  them  so  there  will  be  no  question  about  it. 

Mr.  PRESIDENT.  The  chair  would  like  to  ask  of  some 
gentleman  who  knows  whether  the  fifteenth  amendment,  pro- 
viding that  the  right  to  vote  shall  not  be  denied  on  account  of 
race,  color,  etc.,  did  not  need  congressional  action  to  carry  it 
into  effect? 

Mr.  BROWN.    Yes. 

Mr.  CAMPBELL.  That  amendment  is  only  prohibitory 
upon  the  states.  It  prevents  the  states  enacting  laws  and  do- 
ing certain  tilings  prohibited  by  that  amendment. 

Mr.  FOX.  I  have  listened  to  the  discussion  of  this  subject 
with  a  good  deal  of  interest,  and  have  read  this  article  through 
from  beginning  to  end,  and  I  fail  to  see  that  this  article  tells 
in  any  place  what  a  citizen  is.  It  tells  what  a  citizen  may  do, 
that  they  shall  have  certain  rights,  but  what  is  a  citizen.  We 
are  forming  a  constitution  for  Wyoming,  and  I  think  the  reso- 
lution is  proper,  and  I  think  it  should  be  the  first  section  in 
this  special  article  to  tell  what  a  citizen  of  this  state  is.  I 
think  that  resolution  ought  to  be  fixed  in  such  a  way  that  all 
natural  born  children  are  citizens  of  the  United  States;  there 
don't  want  to  be  any  question  about  that. 

Mr.  TESCHEMACHER.   I  would  like  to  ask  the  gentleman 
a  question.    Mr.  Fox,  what  is  a  state? 
Mr.  FOX.    I  don't  know. 


366  CONSTITUTIONAL  CONVENTION. 

Mr.  TESCHEMACHER.  What  is  the  use  of  trying  to  de- 
fine what  a  citizen  of  a  state  is  when  we  don't  know  the  mean- 
ing of  the  word  state. 

Mr.  FOX.    I  don't  claim  to  be  a  dictionary. 

Mr.  TESCHEMACHER,  That  is  just  what  we  don't  want 
this  constitution  to  be. 

Mr.  CHAIRMAN.  The  chair  would  like  to  make  a  remark 
if  permitted  by  the  committee.  The  question  of  male  suffrage 
will  never  be  questioned,  no  matter  what  we  put  in  this  consti- 
tution. But  the  question  of  female  suffrage  and  citizenship  has 
been  questioned  by  the  supreme  court  of  Washington  territory, 
and  it  is  to  avoid  these  difficulties  that  we  should  define  in  this 
constitution  what  a  citizen  of  Wyoming  is. 

Mr.  SMITH.  The  question  is  discussed  here  as  to  the 
rights  of  the  two  sexes.  As  Judge  Brown  has  said  the  simple 
fact  that  we  have  stated  here  that  the  right  of  suffrage  shall 
not  be  denied  on  account  of  sex,  of  course,  conveys  the  right  to 
vote  to  no  one.  It  does  not  convey  the  right  of  suffrage  upon 
any  male  citizen;  it  simply  says  that  you  shall  not  discriminate 
against  one-half  of  the  people  of  Wyoming  in  favor  of  the*  other 
half.  Is  not  that  everything.  The  amendment  that  was  at- 
tached to  this  section  was  one  of  the  original  propositions  pre- 
sented to  the  committee,  but  the  committee  did  not  think  it 
was  necessary  to  put  it  into  this  article.  There  were  some  of 
the  members  who  were  not  satisfied  because  this  was  cut  out, 
and  when  this  supplemental  report  was  made  it  was  added  to 
this  Sec.  1,  but  the  section  was  just  as  good  without  it.  Now 
as  to  the  amendment;  I  don't  say  that  there  is  any  particular 
harm  in  it,  but  emergencies  may_  arise,  and  if  you  insert  this 
amendment  in  your  constitution^  it  will  be  impossible  to  get 
around  them.  It  seems  to  me  it  would  be  very  dangerous  to 
incorporate  it. 

Mr.  HOYT.  Will  the  gentleman  state  whether  the  infor- 
mation about  Washington  territory  is  correct? 

Mr.  SMITH.  I  don't  exactly  understand  what  the  ruling 
in  Washington  was,  but  it  was  under  the  territorial  govern- 
ment, and  it  was  under  some  construction  of  the  territorial 
statute  th'at  they  had  there  taken  into  consideration  in  connec- 
tion with  the  organic  act.  No  matter  what  the  decision  was 
it  was  under  the  territorial  laws  and  not  under  any  provision 
of  the  state  constitution.  I  have  never  seen  the  decision  itself 
but  only  saw  notices  of  it  in  the  papers  at  the  time,  but  it  was 
done  under  the  act  conferring  the  elective  franchise  and  in 
connection  with  their  organic  act. 

Mr  HOYT.  'My  information  is  that  it  all  turned  on  the 
meaning  of  the  term  citizen. 

Mr.  FOX.  I  take  it  that  the  United  States  constitution  set- 
tles this  matter.  Article  XIV  says:  All  persons  born  or  nat- 


PROCEEDINGS  AND  DEBATES.  367 

uralized  in  the  United  States  and  subject  to  the  jurisdiction 
thereof,  are  citizens  of  the  United  States  and  of  the  state 
wherein  they  reside. 

Mr.  HOLDEN.  Pursuing  the  thought  suggested«by  the  gen- 
tleman from  Albany,  I  desire  to  call  the  attention  of  members 
of  this  convention  to  Sec.  2  of  the 'same  article,  in  which  the 
right  of  suffrage  is  there  secured  to  male  citizens  of  the  United 
States  of  America.  The  question  I  ask  is/  the  same  one  I 
asked  when  on  the  floor  a  few  moments  ago,  if  the  word  "male" 
did  not  occur  in  that  section,  would  not  every  woman  who  is 
a  citizen  of  the  United  States  have  the  right:  to  vote  now,  the 
same  as  you  or  I  have? 

Mr.  CHAIRMAN.  Any  further  remarks  upon  the  amend- 
ment offered  by  the  gentleman  from  Albany?  Is  the  committee 
ready  for  the  question  ?  All  in  favor  of  the  amendment  will  say 
aye;  opposed  no.  THe  noes  appear  to  have  it;  the  amendment 
is  lost. 

The  secretary  will  read  Sec.  2. 

Mr.  KINDER  I  believe  we  have  not  a  quorum  of  the  conven- 
tion present.  I  rise  to  a  point  of  order. 

Mr.  PBESIDENT.    The  secretary  will  read  Sec.  3. 

Mr  TESCHEMACHEE.  I  must  raise  this  question  of  a 
quorum.  The  committee  of  the  whole  must  have  a  quorum  as 
well  as  the  convention,  and  there  is  not  a  quorum  present. 

Mr  CHAIRMAN.  The  chair  is  of  the  opinion  that  the  ques- 
tion of  a  quorum  cannot  be  raised  in  committee  of  the  whole. 
It  is  an  irresponsible  body.  The  chair  will  so  rule.  Are  there 
any  amendments  to  Sec.  2.  The  chair  hears  none.  The  sec- 
tion is  agreed  to.  The  secretary  will  read  Sec.  3. 

(Beading  of  Sec.  B.) 

Mr.  CHAIRMAN.  The  chair  desires  to  take  back  his  deci- 
sion made  a  moment  ago;  a  majority  is  required  in  committee 
of  the  whole  the  same  as  in  the  convention.  Does  the  gentle- 
man wish  to  raise  the  question  of  a  quorum? 

Mr.  TESCHEMACHEB.  I  think  we  are  considering  the 
most  important  section  that  we  shall  have  to  consider,  the 
right  of  the  elective  franchise  in  this  state,  and  I  think  it  very 
necessary  tEat  it  should  be  considered  by  a  quorum  of  the  com- 
mittee of  the  whole,  and  I  therefore  move  that  this  committee 
•do  now  rise. 

Mr.  CHAIRMAN.  I  will  just  say  that  committee  of  the 
whole  is  a  pretty  informal  sort  of  a  body,  and  if  the  gentlemen 
don't  take  interest  enough  to  be  here  we  can't  force  them  to 
be  present.  The  question  is  en  the  motion  that  this  committee 
now  rise,  report  progress  and  ask  leave  to  sit  again.  All  in  fa- 
vor of  the  motion  will  say  aye;  those  opposed  no.  The  ayes 
have  it;  Ihe  committee  will  now  rise. 
Mr.  President: 

Your  committee  having  had  under  consideration  File  No. 


368  CONSTITUTIONAL  CONVENTION. 

67,  on  elections  and  right  of  suffrage,  report  progress  and  ask 
leave  to  sit  again. 

E.  S.  N.  MORGAN,  Chairman. 

Mr.  RINER.    I  move  a  call  of  tEe  house. 

Mr.  TESCHEMACHER.    Second  the  motion. 

Mr.  PRESIDENT  A  call  of  the  house  is  ordered.  All  in  fa- 
yor  of  a  call  of  the  house  will  say  aye;  those  opposed  no.  The 
ayes  have  it;  the  sergeant-at-arms  will  bring  in" all  absent  mem- 
bers. 

(Sergeant-at-arms  .brings  in  absent  members.) 

Mr.  RINER.  As  there  now  seems  to  be  a  quorum  I  move  that 
further  proceedings  under  the  call  be  dispensed  with. 

Mr.  TESCHEMACHER.    Second  the  motion. 

Mr.  PRESIDENT.  Gentlemen,  it  is  moved  and  seconded 
that  further  proceedings  under  the  call  be  dispensed  with.  All 
in  favor  of  the  motion  will  say  aye;  those  opposed  no.  The  ayes 
have  it;  the  motion  prevails. 

Mr.  RINER.    I  move  that  the  convention  now  go  into  com- 
mittee of  the  whole  for  the  consideration  of  the  report  of 
Committee  No.  5. 

Mr.  FOX.    Second  the  motion. 

Mr.  PRESIDENT.  It  is  moved  that  we  now  go  into  commit- 
tee of  the  whole  for  consideration  of  the  report  of  Committee 
No.  5.  If  there  is  no  objection  before  taking  the  vote  on  this 
the  serjeant-at-arms  will  see  that  the  doors  are  closed  and 
kept  closed  so  that  we  may  have  a  quorum.  There  being  no- 
objection  it  is  so  ordered.  The  question  is  now  on  the  motion  to 
go  into  committee  of  the  whole.  All  in  frrvor  of  the  motion  will 
say  aye;  those  opposed  no.  The  ayes  have  it;  the  house  is  now 
in  committee  of  the  whole.  Will  the  gentleman  from  Johnson, 
Mr.  Burritt,  take  the  chair? 

Mr.  REED.    I  move  to  suspend  Rule  4. 

Mr.  CHAIRMAN.  The  motion  is  out  of  order.  The  secre- 
tary will  read  Sec.  3  of  the  report  of  Committee  No.  5,  on  suf- 
frage. 

(Reading  of  Sec.  3.) 

Mr.  POTTEE.  It  has  been  called  to  my  attention  that  ac- 
cording to  the  wording  of  Sec.  2  it  is  possible  at  our  first  elec- 
tion no  one  could  vote,  if  this  section  is  adopted  with  the  word 
state  in  there.  I  have  noticed  in  other  constitutions  the  word 
territory  is  used.  Of  the  age  of  twenty-one  years  who  has  re- 
sided in  this  territory  six  months  and  in  the  county  one  year, 
etc.  I  therefore  move  to  strike  out  the  word  state  and  insert 
the  word  territory. 

Mr.  CAMPBELL.    Second  the  motion. 

Mr.  PEESIDENT.  It  is  moved  to  amend  Sec.  2  by  striking 
out  the  word  state  and  inserting  in  lieu  thereof  the  word  ter- 
ritory. Are  you  ready  for  the  question?  All  in  favor  of  the 


PROCEEDINGS  AND  DEBATES. 

motion  will  say  aye;  those  opposed  no.    The  ayes  have  it,  the- 
motion  prevails.    The  secretary  will  read  Sec.  3. 

(Reading  of  Sec.  3.) 

Mr.  CHAIRMAN.  Does  the  gentleman  desire  to  submit 
any  amendment  to  this  section?  If  there  is  no  objection  it  will 
be  considered  approved  by  the  committee.  The  section  is  ap- 
proved. 

(Reading  of  Sec.  4.) 

Mr.  CHAIRMAN.  Does  the  gentleman  desire  to  submit 
any  amendment  to  Sec.  4?  If  not  it  will  be  considered  approv- 
ed by  the  committee. 

(Reading  of  Sec.  5.) 

Mr.  CHAIRMAN.    Any  amendments  to  Sec.  5? 

Mr.  HOLDEN.  I  desire  to  offer  an  amendment  to  this  sec- 
tion, that  the  words  "that  this  section  shall  not  take  effect  un- 
til July  1st,  1894,"  the  same  as  is  added  to  Sec.  9  of  this  file. 
I  think,  Mr.  Chairman,  I  don't  desire  to  discuss  this  matter, 
but  it  seems  to  me  that  inasmuch  as  we  propose  to  give  a  lit- 
tle time  to  some  people,  perhaps  it  would  be  best  to  give  it  to* 
all. 

•  Mr.  CAMPBELL.  I  was  just  going  to  suggest  that  inas- 
much as  you  having  deemed  it  wise  to  give  citizens  of  the  state 
of  Wyoming  an  opportunity  to  learn  to  read,  it  might  be  right 
to  give  them  a  chance  to  be  come  of  age. 

Mr.  HOYT.  I  would  ask  that  Sec.  10  of  the  supplementary 
report  be  read. 

(Reading  of  Sec.  10.) 

Mr.  FOX.  1  would  like  to  make  an  amendment  to  Sec.  5,. 
by  striking  out  the  wrord  "full"  in  the  second  line.  We  don't 
want  any  half  full  men,  or  any  full  men  electors  of  this  state.. 

Mr.  POTTER,     Second  the  motion. 

Mr.  BROWN.  I  agree  with  the  gentleman  from  Albany 
on  the  suggested  amendment,  but  not  for  the  same  reason.  I 
don't  think  there  are  any  citizens  of  Wyoming  that  get  full. 

Mr.  CHAIRMAN.  The  question  is  on  the  amendment  to 
strike  out  the  word  "full"  in  the  second  line.  Are  you  ready 
for  the  question  ?  All  in  favor  of  the  motion  will  say  aye ;  those 
opposed  no.  The  ayes  have  it;  it  is  so  amended.  Any  other 
amendments? 

(Reading  of  Sec.  f>.) 

Mr.  CHAIRMAN.  Any  amendment  to  Sec.  6?  There  being 
no  amendments  the  section  will  stand  approved  by  the  commit- 
tee. The  secretary  will  read  the  next  section. 

Section  7. 

Mr.  CHAIRMAN.  Any  amendments  to  Sec.  7?  If  not  it 
will  be  considered  as  approved  by  the  committee.  It  is  so  ap- 
proved. The  secretary  will  read  the  next  section. 

Section  8. 
24 — 


370  CONSTITUTIONAL  CONVENTION. 

Mr.  CHAtRMAX.  Any  amendments  to  Sec.  8?  There  be-' 
ing  none  offered,  it  will  stand  approved.  The  secretary  will 
read  the  next  section. 

Mr.  CAMPBELL.  I  move  to  amend  by  striking  out  the 
whole  of  Sec.  9. 

Mr.  FOX.  Second  the  motion. 

Mr.  CHAIRMAN.  The  motion  is  to  amend  by  striking  out 
the  whole  of  Sec.  9.  Are  you  ready  for  the  question? 

Mr.  BAXTER.  I  move  to  amend  the  amendment  by  strik- 
ing out  the  last  sentence  of  Sec.  9,  and  add  to  the  section  as  it 
will  then  stand  "who  shall  be  a  citizen  of  the  territory  at  the 
tune  of  the  adoption  of  this  constitution." 

Mr.  POTTER,  That  last  amendment  is  already  provided 
for. 

Mr.  BAXTER.  As  that  seems  to  be  provided  for  I  move 
to  strike  out  the  last  sentence.  "This  section  shall  not  take 
effect  until  1894." 

Mr.  CH AIRMAN.    Any  remarks? 

Mr.  CAMPBELL.  I  desire  to  hear  from  some  other  mem- 
bers in  relation  to  this  matter.  I  know  several  members  who 
are  opposed  to  it,  opposed  to  it  as  a  matter  of  principle,  and  I 
had  hoped  inasmuch  as  I  had  given  an  opportunity  for  us  to 
hear  from  those  gentlemen  who  are  opposed  to  this  section, 
so  that  we  could  get  before  the  convention  the  reasons  of  the 
opposition,  and  as  I  have  waited  to  give  some  person  an  oppor- 
tunity to  get  up  and  explain  why  he  is  opposed  to  it,  and  as  no 
made  the  motion  I  will  ask  permission  to  state  my  reasons  for 
one  seems  to  desire  to  get  up  here,  and  inasmuch  as  I  have 
opposing  this  measure.  As  stated  here  t'lis  moaning  bv  a  mem- 
ber of  this  convention,  that  the  right  to  vote  is  a  right,  or  a 
privilege  't  don't  make  a  particle  'of  d'f^rence  «u>  far  as  the 
principle  is  concerned.  I  don't  believe  it  is  a  right,  and  every- 
one who  has  ever  studied  the  matter  knows  that  the  right  of 
votng  i?  a I  m<  rely  mention  this  mat- 
ter of  the  right  to  put  some  of  these  gentlemen  who  made  this 
report  and  claimed  it  was  right,  to  stand  up  and  be  consistent 
on  this  proposition  and  vote  by  their  convictions  in  the  matter. 
Several  gentlemen  who  have  signed  this  report  and  claimed 
that  the  elective  franchise  is  a  right  should  stand  up  for  the 
right  and  susurin  fie  notion  no\*  made  10  strike  out  this  sec- 
tion, and  why?  If  it  is  a  right,  you  cannot  limit  a  right.  If  it 
is  a  privilege  you  can  limit  a  privilege.  If  it  is  a  right  no  edu- 
cational qualification  should  in  any  way  interfere  with  the 
right ;  if  it  is  a  privilege,  of  course  you  can  limit  it.  But  the  op- 
position to  this  section  stands  upon  broader  grounds  in  my  es- 
mation.  Every  citizen  of  the  United  States  whether  he  can 
read  or  write  is  obliged  under  the  constitution  and  laws,  to 
protect  the  government  and  the  laws  when  that  government 
and  those  laws  are  in  danger.  There  is  no  restriction  when 


PROCEEDINGS  AND  DEBATES.  371 

It  conies  to  the  question  of  protecting  the  government  from  a 
foreign  foe,  or  from  internal  insurrection,  every  man  whether 
lie  can  read  or  write  is  bound  to  come  to  the  protection  of  the 
flag  when  in  danger,  and  as  old  Abe  Lincoln  said,  when  he  rec- 
ommended a  certain  man  for  a  lieutenancy,  and  he  knew  that 
certain  officers  upon  the  board  would  obj  ct,  because  he  was 
not  quite  as  well  educated  as  they,  he  says:"I  want  this  man 
put  in  this  position  because  he  is  a  fighting  man,  and  T  don't 
care  whether  he  can  read  the  alphabet  or  not."  He  did  not 
care  whether  he  could  read  or  write,  the  man  was  fitted  for 
that  position,  and  could  fight  for  his  country,  and  he  did  not 
want  to  make  any  distinction  as  to  the  place  that  man  should 
occupy.  If  a  man  is  obliged  to  come  to  the  protection  of  the 
government,  it  would  be  a  national  disgrace  to  us,  if  that  man 
does  come  to  his  country's  assistance,  gets  wounded,  loses  an 
arm  or  a  leg,  and  goes  back  home  crippled  for  life,  that  we 
should  deprive  him  of  the  right  to  sa*  w1'"  shall  govern  his 
country  hereafter,  simply  because  he  cannot  read.  I  suppose, 
irentlemen,  there  are  certain  persons  in  t^is  territory  who 
fought  in  the  late  rebellion,  who  fought  courageously  and  well, 
and  yet  you  would  deprive  him  of  the  right  of  voting  for  the 
governor  and  other  officials  of  this  territory,  and  yet  you 
would  give  to  the  meanest  carpet  bagger  the  right  to  cast  his 
vote  over  this  man,  simply  because  he  cannot  read.  Again,  an- 
other ground  suffrage  is  based  upon  is  taxation,  and  even  the 
strongest  advocates  of  a  property  qualification  have  never 
yet  been  able  to  get  around  this,  that  if  you  tax  a  man  to  sup- 
port the  government  they  shall  have  a  right  to  say  who  shall 
levy  the  tax,  and  who  shall  disburse  the  revenue  after  the  tax 
is  levied.  Now  here  are  persons  in  this  territory  who  have  been 
here  for  years,  or  who  may  hereafter  come  here,  they  acquire 
property,  they  may  acquire  thousands,  millions  of  dollars  worth 
of  property,  they  may  turn  thousands  of  dollars  into  the  treas- 
ury to  help  carry  on  its  affairs,  and  yet  you  will  deprive  these 
men,  simply  because  they  cannot  read  or  write,  of  the  privi- 
lege of  saying  who  shall  levy  these  taxes,  and  who  shall  dis- 
burse this  revenue.  As  long  as  you  ask  him  to  fight  for  his 
country,  as  long  as  you  ask  him  to  pay  the  expenses  of  the  gov- 
ernment, it  is  a  tyraiiical  measure  that  will  say  to  that  man, 
you  shall  have  no  voice  in  the  affairs  of  your  country,  you  can 
shed  your  blood,  you  can  put  your  hand  in  your  pocket  and  con- 
tribute to  its  support,  but  there  you  must  stop,  you  put  upon 
"him  all  the  duties  and  none  of  the  privileges  whatever.  Nor, 
Mr.  President,  is  this  all.  Experience  and  observation,  at  least 
my  limited  experience  and  observation,  go  to  this  extent,  that 
it  is  not  the  uneducated  man  who  is  the  ignorant  man  by  any 
means.  The  man  who  cannot  read  or  write,  and  I  have  known 
several,  and  I  know  a  few  in  this  territory,  and  I  have  never 
yet  seen  a  man  in  this  territory  that  could  not  read  or  write  but 


2j2  CONSTITUTIONAL  CONVENTION. 

was  an  intelligent  man,  and  understood  what  was  going  on. 
Again,  it  is  not  the  ignorant  man  who  sells  his  vote,  by  any 
means.  I  challenge  any  man  in  this  convention,  or  any  man  in 
the  territory  of  Wyoming,  to  say  that  the  selling  of  votes,  the 
bribery  at  elections  is  confined  more  to  the  ignorant  man  than 
to  the  educated  man.  It  is  not  the  ignorant  man  who  sells  his 
vote,  it  is  the  man  who  can  read  and  write  who  sells  his  vote. 
You  take  an  ig.-iorant  man  and  he  prizes  this  privilege  of  vot- 
ing, which  is  the  only  thing  he  has,  and  you  cannot  buy  him. 
Of  course,  gentlemen,  there  are  exceptions  there  are  excep- 
tions to  all  rules,  and  you  may  find  some  here  and  there,  but  I 
say  the  percentage  is  larger,  in  proportion  to  the  number, 
among  educated  people  than  among  ignorant  people.  Now. 
as  a  matter  of  policy,  I  say  right,  that  for  the  party  to  which 
I  belong  in  this  territory,  and  from  which  I  have  received  some 
emoluments,  as  a  matter  of  policy,  it  would  be  better  to  have 
this  matter  stand  right  where  it  is.  Every  man  upon  this  floor 
knows  where  the  ignorant  vote  goes,  and  it  will  be  an  im- 
mense thing  for  our  party  if  this  provision  is  left  in.  Now, 
wrong  in  principle,  though,  and  I  am  opposed  to  it,  and  it  would 
be  a  great  detriment  to  the  territory  if  this  should  be  incorpo- 
rated as  one  of  the  fundamental  laws  of  the  state 

Mr.  BROWN.  I  have  a  few  words  to  say  upon  the  prop- 
osition to  strike  out  this  section.  The  argument  of  my  friend 
is  the  argument  often  made  in  favor  of  universal  suffrage.  I 
have  said  once  on  the  floor  of  this  convention,  or  committee,, 
that  the  right  of  suffrage  in  my  opinion  is  not  a  right  but  a 
privilege,  and  I  propose  to  be  consistent  in  that  declaration 
through  all.  Now  considering  it  a  privilege,  it  is  one  that  \ve, 
as  a  people,  may  bestow  upon  such  classes  of  citizens  as  we 
see  fit.  The  question  then  is,  as  a  matter  of  privilege,  how 
far  shall  the  elective  franchise  be  allowed  to  extend,  and  how 
broad  shall  be  its  scope.  It  is  a  dangerous  question,  it  is  one 
that  has  received  a  great  deal  of  discussion,  but  this  I  think 
will  be  accepted  as  a  truth  by  nearly  all,  that  there  must  be, 
tion  placed  upon  the  elective  franchise.  The  property  restric- 
tion has  been  tried  in  the  state  of  New  York  and  in  some  other 
states.  In  the  state  of  New  York,  in  good  old  Democratic 
times,  they  tried  the  property  qualification  as  a  Democratic 
measure,  and  it  was  found  after  al  few  years  trial  not  to  be 
wise,  and  was  cast  aside  as  one  of  those  qualifications  that 
did  not  work  well,  in  the  interests  of  the  government.  The  ed- 
ucational test  is  proposed  in  our  constitution  as  one  that  may 
guide  and  control  this  question  of  suffrage.  It  has  been  claim- 
ed by  many,  and  I  think  rightly  and  properly  claimed,  by  gen- 
tlemen living  in  the  south,  that  when  our  government  gave 
to  the  black  man  of  the  south  the  elective  franchise  that  they 
endangered  the  prosperity  of  the  states  lately  in  rebellion. 


PROCEEDINGS  AND  DEBATES. 


373 


What  has  been  the  result  of  the  experiment?  I  may  say,  I 
think  without  fear  of  contradiction,  that  universal  suffrage  in 
the  south  has  not  worked  to  the  highest  good  and  welfare  of 
that  country,  and  if  there  is  any  objection  to  be  urged 
against  the  measure  that  gave  universal  suffrage  to  the  peo- 
ple of  that  country  and  of  those  states,  it  is  based,  and  must 
be  based,  upon  the  sole  proposition  of  their  ignorance.  It  is 
bringing  into  political  affairs  a  man  of  ignorance  that  might 
enda nirer  the  welfare  of  that  country.  If  it  is  true  in  the 
south,  for  the  experience  of  twenty  years  has  shown  that  this 
mass  of  ignorance  armed  with  the  elective  franchise,  endan- 
gers the  prosperity  of  that  country,  it  is  time  for  us  to  think 
about  it  seriously,  and  to  determine  whether  we  will  allow 
the  mass  of  ignorant  people  of  this  country  to  exercise  that 
right,  or  that  privilege,  more  properly  speaking.  My  friend 
speaks  of  the  old  soldier.  I  don't  believe  he  has  been  speak- 
ing here  in  order  to  gain  some  political  aggrandizement,  and 
yet  when  Sec.  6  was  read,  by  which  insane  persons,  idiots,  per- 
sons convicted  of  crime,  unless  restored  to  civil  rights,  are  ex- 
'eluded  from  the  elective  franchise,  my  friend  was  not  heard 
to  object,  and  yet  if  you  are  to  say  that  the  ignorant  man  be- 
cause he  was  an  old  soldier,  or  was  w^ounded  in  the  defense 
of  his  country  in  its  time  of  need,  is  to  exercise  this  right,  or 
this  privilege,  of  the  elective  franchise,  then  say  he  shall  not 
"be  debarred  of  it  because  of  crime. 

Mr.  CAMPBELL.  Do  you  class  ignorant  people  writh  idiots 
and  persons  convicted  of  crime? 

Mr.  BKOWN.  I  simply  say  that  this  argument  is  not  con- 
sistent, and  he  sees  it  himself.  When  he  says  that  because  a 
man  has  fought  for  his  country  he  is  entitled  for  that  rea- 
son alone  to  the  elective  franchise,  then  he  destroys  his  ar- 
gument by  having  voted  to  adopt  Sec.  5,  and  there  is  no  get- 
ting away  from  it.  How  then  does  this  matter  stand?  We  are 
not  to  say  that  a  man  shall  be  entitlted  to  the  elective  fran- 
chise because  he  has  fought  in  behalf  of  his  country,  but  we 
are  to  say  to  him  that  he  shall  have  that  right  if  perchance 
Tie  is  such  an  one  as  can  exercise  it  intelligently.  I  agree  with 
my  friend  that  there  are  many  men  wiio  are  unable  to  read 
and  write,  who'may  exercise  the  elective  franchise  as  well  as, 
and  with  as  full  an  understanding  perhaps,  as  some  of  the 
best  educated  men  in  this  country,  but  when  you  say  that  it 
is  true  as  a  rule,  you  say  that  which  I  think  cannot  be  sus- 
tained. As  a  rule  it  is  not  so ;  that  there  are  exceptions  to  the 
rule  no  man  doubts.  No  man  of  any  experience  among  men 
but  can  say  that  he  has  seen  men  who  although  they  could 
neither  read  nor  write  yet  could  exercise  this  elective  fran- 
chise intelligently,  but  they  are  few.  It  is  the  mass  of  igno- 
rance that  we  seek  to  cut  off  from  exercising  this  right.  I 


374 


CONSTITUTIONAL  CONVENTION* 


say  that  whether  there  shall  be  any  restrictions  upon  the  elec- 
tive franchise  except  in  cases  of  idiots,  insane  persons  and 
persons  convicted  of  crime,  I  say  this  is  a  serious  question  for 
us  to  consider,  but  my  OAvn  belief  is,  and  speaking  for  myself 
solely,  I  believe  that  such  a  provision  as  is  reported  by  this 
committee  will  result  in  good  and  benefit  to  the  future  state- 
Mr.  MORGAN.  I  favor  the  motion  to  strike  out  this  sec- 
tion for  the  reasons  given  at  some  length,  by  Mr.  Campbell,, 
and  also  because  I  think  it  is  entirely  unnecessary  and  would 
not  accomplish  that  which  the  proposition  intends  to  accom- 
plish. In  the  first  place  the  greatest  incentive  to  education 
exists  now.  That  man  that  cannot  read,  and  has  had  the  mis- 
fortune in  his  early  youth  to  be  deprived  of  this  privilege,  and 
because  he  above  all  must  realize  the  importance  of  education, 
and  he  desires  above  all  things  that  his  children  shall  be  ed- 
ucated at  least  in  the  common  brandies.  I  have  talked  wdth 
just  such  men,  and  learned  from  them  how  much  they  regret 
their  lack  of  education,  and  what  sacrifices  and  what  hardships 
th€\  ha  r<  en Ju^ed  that  their  children  might  have  a  better 
education  than  he.  In  this  territory  we  are  in  no  danger  of 
being  overpowered  with  a  mass  of  ignorance,  we  have  today 
the  least  percentage  of  illiteracy  of  any  of  these  United 
States,  the  danger  is  not  one  we  shall  ever  feel, 
and  why  then  should  you  attempt  to  discourage  a  man  by 
depriving  him  of  the  right  to  vote,  or  of  any  other  privilege, 
because  he  has  never  learned  to  read  or  write,  and  because  he 
is  struggling  to  overcome  that  misfortune  in  his  successors; 
it  seems  to  me  to  be  unwise  and  nnriffht,  and  would  not  ac- 
complish the  purpose,  and  I  think  it  should  not  be  inserted  in 
our  constitution. 

Mr.  HOLBEN.  Mr.  Chairman,  I  desire  to  say  a  word  or 
two  in  behalf  of  the  old  soldier.  He  seems  to  have  enlisted  the 
sympathies  of  my  friend  from  Laramie  to  a  marked  degree. 
It  so  happens  that  I  was  an  old  soldier.  Early  in  the  year 
1861  when  I  felt  that  my  country  demanded  niy  services,  I 
left  my  wife  and  baby  and  went  to  the  front.  And  I  remained 
there  until  1864.  On  the  20th  day  of  December,  1862,  I,  with 
about  1,500  others,  wras  at  Holly  Springs  in  the  state  of  Mis- 
sissippi, at  the  time  that  place  wras  captured  and  sacked. by 
the  rebel  forces  under  Van  Dorn.  In  view  of  the  fact  that  they 
were  not  able  to  imprison  us,  we  were  all  parolled,  and  while 
this  work  of  parolling  was  going  on  I  heard  one  officer  say  to 
another:  "Is  it  not  strange,  these  men  all  signed  their  own 
names?"  And  I  take  it,  sir,  that  the  men  who  went  out  early 
in  the  sixties,  not  because  they  wanted  their  little  f  13  a  month 
but  because  they  felt  it  their  duty  as  citizens  of  the  United 
States,  not  only  to  give  their  time,  their  la|>or,  but  if  necessary 
to  sacrifice  their  lives  for  the  salvation  of  this  country  in 


PROCEEDINGS  AND  DEBATES. 


375 


which  we  live,  and  I  take  it,  sir,  that  the  men  who  were  thus 
actuated  by  these  motives  were  sufficiently  intelligent  to  read 
the  ballot  put  before  them,  and  there  need  be  no  fears  on 
their  account.  It  may  be  that  those  who  went  out  later  in  the 
fight,  it  may  be  that  some  of  those  can't  read,  but  I  take  it  that 
a  majority  of  all  the  soldiers  in  the  late  rebellion  can  read  and 
write.  Again  in  conversation  a  few  days  ago  with  an  official 
of  the  general  government,  he  said  that  during  his  official  ca- 
reer here  among  the  people  of  Wyoming,  where  it  had  been  his 
duty  to  administer  an  affidavit  to  more  than  twenty  thousand 
of  the  citizens  of  this  territory,  that  in  all  that  number  there 
were  only  twelve  persons  who  had  found  it  ,necessary  to  make 
their  mark  to,  the  affidavit  that  they  had  executed.  I  think 
there  will  be  no  great  trouble  about  this  on  the  ground  of 
the  soldier,  but  here  is  a  point  which  we  wish  to  reach.  Peo- 
ple living  along  the  line  of  the  Union  Pacific  railroad  know 
that  prior  to  every  general  election  held  in  this  territory,  the 
clerk  of  the  district  court  will  take  his  seal  under  his  arm, 
and  a  bunch  of  blank  naturalization  papers  in  his  pocket,  and 
go  around  to  these  mining  towns  and  enfranchise  a  class  of 
people  wrho  are  unable  to  read  the  ballot  placed  in  their  hands, 
and  then  on  the  day  of  election  these  people  are  rounded  up 
and  voted  like  so  many  cattle.  Now,  Mr.  Chairman,  what  we 
propose  to  do  is  to  protect  the  men  who  bear  the  burden  of  tax- 
ation throughout  the  territory  from  this  sort  of  thing. 

Mr.  SMITH.  In  listening  to  the  remarks  of  my  friend  from 
Laramie,  Mr.  Campbell,  he  said  a  good  deal  that  sounded  wTell, 
that  sounded  patriotic,  and  it  did  me  good  to  hear  him  talk  in 
that  way.  Most  of  what  he  said  was  true,  but  he  did  say  some 
things  that  a  great  many  people  will  not  believe,  particularly 
the  remark  that  as  a  rule  you  will  find  persons  that  cannot 
read  are  as  intelligent  as  persons  who  are  educated.  There  are 
people,  who  will  not  believe  that.  I  know  that  there  are  men 
who  cannot  read  who  are  intelligent,  but  that  is  not  the  rule. 
Now  as  to  this  question  of  the  elective  franchise  being  a  right. 
It  is  true  that  when  laws  are  enacted  conferring  the  elective 
franchise  upon  certain  persons  it  becomes  a  law  by  virtue  of 
the  law  enacted,  but  it  is  not  an  inherent  right.  Without  the 
law  it  is  no  man's  right,  and  simply  becomes  a  right  when  giv- 
en by  law,  whatever  that  law  may  be.  Now  then  the  duty  of 
the  law  making  power  is  to  make  laws  which  will  be  for  the 
best  interests  of  the  whole,  and  in  doing:  this  you  may  do  some 
injustice  to  an  indiyidiifil  here  and  there.  My  friend  from 
Uinta  refers  to  a  certain  class  that  are  voted  as  cattle,  but 
that  element,  is  not  composed  of  American  citizens,  and 
where  you  find  American  citizens  you  find  few  who  can't  read 
and  write.  The  number  that  would  be  disenfranchised  by 
this  section  will  be  comparatively  quite  small.  The  old  sol- 


376  CONSTITUTIONAL  CONVENTION. 

dier  has  also  been  referred  to  by  my  friend  from  Uinta.  I  re- 
member in  the  regiment  I  belonged  to  out  of  a  regiment  of  nine 
liundred,  there  was  but  one  man  who  did  not  sign  his  name 
to  the  pay  roll,  and  that  man  was  not  an  American  citizen, 
so  if  we  adopt  this  section  we  wrould  debar  few  American  cit- 
izens from  the  right  of  suffrage,  and  in  doing  so  yon  protect 
them  from  the  vote  of  that  element  which  it  has  been 
•said  are  voted  almost  like  cattle.  I  believe  it  is  for  the  good  of 
.the  whole  and  for  the  best  interests  of  the  whole,  that  we  place 
this  restriction  here  as  a  part  of  the  fundamental  law  of  the 
.state. 

Mr.  CAMPBELL.  I  don't  know  whether  I  fail  to  make  my- 
self clear  in  these  matters,  or  whether  it  is  because  the  per- 
sons who  speak -after  me  have  not  a  very  clear  understand- 
ing. Now  in  relation  to  the  old  soldier  business,  I  was  not  a 
soldier  myself,  could  not  have  been,  because  I  was  not  old 
-enough,  but  I  merely  cited  that  as  an  illustration.  Now  in  re- 
lation to  the  statement  that  all  old  soldiers  can  read  and 
wrrite,  I  want  to  say  that  in  the  neighborhood  I  came  from 
three  brothers,  all  citizens  of  this  country,  born  and  raised  here 
und  their  father  and  grandfather  before  them,  they  all  were 
old  soldiers,  one  lost  his  limb  before  Richmond,  and  none  of 
these  boys  can  read  or  write,  and  yet  they  are  as  intelligent 
citizens  as  we  had  in  that  township.  I  merely  cited  that  as 
an  illustration  to  illustrate  the  principle.  My  friend  Judge 
Browrn  asks  why  I  did  not  oppose  the  section  in  reference  to  in- 
sane persons,  and  idiots.  I  will  answer  that  I  am  not  yet  the 
inmate  of  an  insane  asylum,  and  furthermore  I  will  now 
ask  him,  arid  I  did  ask  him  the  question,  but  he  did  not 
give  a  square  answer,  I  asked  him  if  he  put  insane  persons, 
and  idiots  and  persons  convicted  of  crime  upon  the  same  level 
with  men  wrho  cannot  read  the  constitution  of  the  United 
'States?  I  said  and  I  repeat  it  that  men  who  cannot  read  the 
'constitution  of  the  United  States  are  not  ignorant  men.  If 
you  place  them  upon  the  same  plane  as  my  friend  Judge  Brown 
places  them,  then  you  place  thfe  signers  of  the  Magna  Charta 
on  the  same  plane  with  insane  persons,  idiots  and  persons  con- 
victed of  crime.  If  he  will  examine'  a  copy  of  the  old  Magna 
Charta,  which  was  wrung  from  King  John,  he  will  find  that 
two-thirds  or  three-fourths  of  these  honest  old  Saxon  yeoman- 
ry signed  their  names  with  a  mark.  Now,  we  have  here  this 
morning  an  argument  participated  in  by  several  gentlemen 
of  this  convention,  about  the  meaning  of  a  certain  term,  the 
word  citizen,  and  that  goes  to  show  how  a  man  may  be  able 
to  read  the  constitution  of  the  United  States  and  not  under- 
stand a  word  of  it,  without  knowing  the  meaning  of  a  word 
form  beginning  to  end,  and  yet  you  say  simply  because  a  man 
<*an  read  the  constitution  of  the  state,  while  he  may  get  it 


PROCEEDINGS  AND  DEBATES.  377 

parrot  like,  he  may  go  to  the  polls,  and  the  constitution  is 
placed  before  him,  lie  lias  committed  it  to  memory,  and  can 
read  it  off  word  for  word,  and  not  understand  a  word,  you  sny 
to  that  man  he  can  vote,  but  the  man  who  is  intelligent  upon 
every  subject,  and  could  understand  the  meaning  of  the  terms, 
he  shall  be  deprived  of  the  privilege  of  voting  because  he  can- 
not read  and  write,  but  you  give  it  to  the/  man  who  can  read 
the  constitution  parrot  like. 

Now,  in  answer  to  my  friend  from  Uinta  who  spoke  about 
the  clerk  of  the  comt  going  round  with  his  ho>k  under  his 
arm.  He  can  naturalize  an  intelligent  man  just  as  well  as 
an  ignorant  man,  and  I  don't  see  any  argument  in  that  point 
whatever.  The  clerk  of  the  court  doirt  make  any  distinction 
between  men  who  can  read  the  constitution  of  the  territory 
of  Wyoming  and  men  who  can't.  He  goes  around  to  make 
votes  for  himself  and  in  order  to  make  a  little  money  for  him- 
self. If  there  is  such  an  evil  as  that  the  legislature  can  cure 
it.  If  it  customary  for  clerks  in  the  western  part  of  the 
territory  to  do  this  sort,  of  thing  it  has  no  bearing  upon  this 
question  whatever.  I  repeat  what  I  said  when  I  started  out 
that  if  you  tax  a  man  and  compel  him  to  bear  a  portion  of  the 
burdens  of  citizenship,  then  that  man  should  have  the  right  to 
vote,  should  have  the  right  to  say  who  shall  govern  the  state 
and  what  the  laws  of  that  state  shall  be. 

Mr.  CONAWAY.  I  desire  to  remind  the  committee  of  the 
whole  that  the  senate  committee  on  arid  lands  will  be  here  at 
1 :30.  By  action  of  your  convention,  and  your  committee  last 
ni$ht,  they  are  at  once  to  be  brought  to  this  convention  and 
introduced  to  your  chairman.  It  would  certainly  be  very 
wrong,  to  say  the  least,  to  have  that  committee  introduced  to 
empty  benches,  and  I  would  remind  the  committee  of  the  whole 
that  itl  is  now  twenty-five  minutes  to  one. 

Mr.  PALMER.  I  desire  to  protest  against  the  motion  of 
Mr.  Campbell.  It  is  a  very  sad  thing,  and  a  very  mortifying 
thing  to  an  American  citizen  to  be  present  at  an  election  and 
see  intelligent  men  and  women  go  up  to  the  ballot  box  and 
cast  their  votes,  and  have  a  lot  of  ignorant  fellows,  who  know 
nothing  whatever  of  our  institutions,  go  up  and  offset  their 
votes.  That  is  the  way  the  elections  are  in  the  town  of  ~Rock 
Springs,  where  I  happen  to  reside.  I  say  that  it  is  an  outrage 
that  these  men  who  know  nothing  and  care  nothing  about 
our  institutions,  should  be  allowed  to  cast  their  ballots  and 
render  neutral  the  ballot  of  an  intelligent  man. 

Mr.  BAXTER.  I  am  informed  that  the  senate  committee 
will  be  here  at  half  past  one,  they  will  require  thirty  minutes 
or  more  for  their  luncheon  before  coming  up  here,  and  I  hard- 


378 


CONSTITUTIONAL  CONVENTION. 


ly  think  this  convention  will  sit  without  adjournment  until  af- 
ter two,  I  move  therefore  that  we  now  arise,  report  progress- 
and  ask  leave  to  sit  again. 

Mr.  HARVEY.    Second  the  motion. 

Mr.  CHAIRMAN.    It  is  moved  and  seconded  that  we  now 
rise,  report  progress  and  ask  leave  to  sit  again.    All  in  favor 
of  the  motion  will  say  aye;  those  opposed  no.    The  ayes  have  it 
and  the  committee  will  rise. 
Mr.  President: 

Your  committee  of  the  whole  having  had  under  considera- 
tion File  No.  68,  on  suffrage  and  elections,  report  progress  and 
ask  leave  to  sit  again. 

C.  H.  BURRITT,  Chairman. 

Mr.  PRESIDENT.  Gentlemen  of  the  convention,  there  is 
a  communication  on  the  table  from  the  governor  of  the  ter- 
ritory, which  the  clerk  will  read. 

(See  journal  page  63.) 
Mr.  BAXTER,    I  move  we  take  a  recess  until  2  o'clock. 

Mr.  MORGAN.    Second  the  motion. 

Mr.  PRESIDENT.  It  is  moved  and  seconded  that  we  take 
a  recess  until  2  o'clock.  All  in  favor  of  the  motion  will  say  aye; 
contrary  no.  The  ayes  have  it;  the  convention  will  take  a  re- 
cess until  2  o'clock. 


AFTERNOON  SESSION. 

September  17th. 

Convention  reassembled  at  2  o'clock. 
President  Brown  in  the  chair. 

Mr.  BAXTER,    Mr.  Chairman. 

Mr.   PRESIDENT.    The   gentleman    from   Laramie,    Mr. 
Baxter. 

Mr.  BAXTER,  I  have  just  been  down  to  the  station  and 
while  there  saw  a  telegram  addressed  to  Governor  F.  E.  War- 
ren, saying  that  the  irrigation  committee  would  be  here  about 
3  o'clock.  There  was  some  discussion  down  there  as  to  what 
should  be  done,  and  it  was  finally  agreed  that  the  committee 
appointed  from  this  body,  having  in  charge  the  entertainment 
of  these  gentlemen,  should  make  such  arrangements  as  may  be 
necessary  to  drive  this  delegation  to  the  fair  grounds  and  show 
them  such  crops,  etc.,  as  may  be  on  exhibition  there,  and  have 
their  business  meeting  with  them  this  evening  to  discuss  the 
question  of  irrigation  with  them.  It  seems  to  me,  therefore, 
that  it  would  be  proper  for  this  convention  to  adjourn  until 
some  hour  tomorrow,  and  extend  an  invitation  to  this  senate 
committee  to  meet  us  here  at  that  time,  if  they  care  to  remain 


PROCEEDINGS  AND  DEBATES. 


379- 


over.  Appoint  some  hour  when  they  can  meet  us  as  a  conven- 
tion, but  don't  ask  them  to  come  here  and  address  a  lot  of  emp- 
ty chairs. 

Mr.  COFFEEN.  I  was  hoping  the  motion  would  take  some- 
thing of  this  shape;  that  the  president  should  call  us  together, 
and  we  should  be  in  session  ready  to  receive  this  senate  com- 
mittee whenever  they  arrive,  and  when  they  are  ready  to  be- 
receive'd,  and  for  this  convention  to  attmpt  to  dictate  or  to  fix 
the  hour  when  they  shall  be  received. 

Mr.  FOX.  It  seems  to  me  that  if  we  could  adjourn  until  8 
o'clock  this  evening  it  would  perhaps  suit  all  hands  better 
than  to  take  up  the  time  tomorrow  morning  with  this  senate 
committee. 

Mr.  McCA^DLISH.  I  think  for  reasons  apparent  to  the 
greater  portion  of  the  convention  that  it  will  be  very  hard  to 
hold  a  night  session  tonight.  The  chance  of  obtaining  a  quo- 
rum is  very  slight. 

Mr.  MORGAN.  It  has  been  suggested  that  there  is  no  pro- 
vision for  light  for  a  night  session. 

Mr.  BAXTER.  I  will  say  that  it  seems  to  me  of  much  great- 
er importance  that  our  committee  appointed  from  this  conven- 
tion should  have  an  opportunity  to  confer  with  this  senate  com- 
mittee and  lay  before  them  such  facts  and  information  as  may- 
be  in  their  possession,  than  that  they  should  be  invited  to  ad- 
dress this  convention.  It  is  certain  that  the  senate  committee- 
will  be  here  tonight,  but  it  is  not  certain  that  they  will  be  here 
in  the  morning,  and  the  committee  may  only  have  this  evening 
for  its  consultation.  If  they  remain  over  tomorrow  they  can1 
then  be  invited  to  attend  the  convention. 

Mr.  COFFEEX.  Another  point  can  be  made.  Your  com- 
mittee from  this  convention,  consisting  of  one  member  from 
each  county,  to  look  into  this  matter,  were  in  session  last  ev- 
ening. We  received  information  from  the  territorial  engineer 
to  the  effect  that  at  Denver  the  authorities  undertook  to  delay 
the  reports,  and  did  not  get  matters  into  shape  to  lay  before 
this  committee.  The  committee  refused  to  remain  there  claim- 
ing that  it  was  not  their  fault  that  they  were  not  ready,  and 
could  not  carry  on  their  work,  and  nothing  was  accomplished. 
They  have  all  been  away  from  home  for  a  long  time  and  are 
anxious  to  get  through  their  work  and  go  home,  and  it  is 
very  probable  that  they  will  not  be  here  tomorrow.  Xow  tak- 
ing these  things  into  consideration,  my  impression  is  that  our 
only  chance  to  receive  this  senate  committee  as^a  convention 
will  be  this  afternoon,  and  after  the  experience  in  Denver  I 
don't  think  it  will  be  well  for  this  convention  to  postpone  the. 
matter  until  tomorrow  morning. 


380  CONSTITUTIONAL  CONVENTION. 

Mr.  BAXTER.  It  seems  to  me  that  this  matter  is  pretty 
well  understood.  It  has  been  stated  by  a  member  of  this  com- 
mittee appointed  to  receive  these  gentlemen  that  they  will  be 
taken  to  the  fair  grounds  immediately  upon  their  arrival  here 
this  afternoon,  and  that  this  evening  has  been  fixed  as  the 
time  for  holding  their  consultation  with  them,  so  it  will  be  im- 
possible for  us  to  receive  them  as  a  convention  this  evening. 

Mr.  McCANDLISH.  I  move  we  adjourn  until  9  o'clock  to- 
morrow morning. 

Mr.  REED.    Second  the  motion. 

Mr.  PRESIDENT.  I  would  like  to  impress  one.  fact  upon 
the  members  of  this  convention  before  this  vote  is  taken.  I 
am  strongly  in  favor  of  our  receiving  this  senate  committee  as 
a  convention,  but  it  seems  to  me  if  we  are  to  invite  this  commit- 
tee here  we  don't  want  to  ask  them  to  speak  to  empty  benches, 
and  it  seems  to  me  that  it  would  be  well  to  adjourn  until  such 
tune  as  we  can  have  a  full  convention  to  receive  them,  if  you 
are  going  to  do  it  at  all,  and  I  don't  believe  you  can  do  that  in 
one  hour  or  this  evening.  The  motion  is  on  the  motion  to  ad- 
journ until  tomorrow  morning  at  9  o'clock.  All  in  favor  of  the 
motion  will  say  aye ;  those  opposed  no.  The  chair  is  in  doubt. 
All  in  favor  of  the  motion  will  rise  and  stand  until  counted 
—13.  Those  opposed  will  rise  and  stand  until  counted — 10. 
The  motion  to  adjourn  prevails.  The  convention  will  adjourn 
nmtil  9  o'clock  tomorrow  morning. 


FIFTEENTH  DAY. 
MORNING  SESSION. 

Wednesday,  Sept.  18,  1889. 

Mr.  PRESIDENT.    Convention  come  to  order. 

The  secretary  will  call, the  roll. 

(Roll  call.) 
SECRETARY.    Seventeen  members  present,  Mr.  President. 

Mr.  ELLIOTT.    I  move  a  call  of  the  house. 

Mr.  PRESIDENT.  A  call  of  the  house  is  ordered.  All  in 
favor  of  the  motion  will  say  aye;  contrary  no.  The  ayes  have  it, 
the  sergeant-at-arms  will  close  the  doors  and  proceed  to  bring 
in  absent  members. 

Mr.  TESCHEMACHER.  At  the  request  of  Mr.  Butler,  I 
ask  that  he  be  excused  from  this  morning's  session.  I  should 
Tiave  made  that  request  as  soon  as  the  roll  was  called. 

Mr.  HOYT.  I  have  a  similar  request  to  make  for  Mr.  Chap- 
lin, who  has  been  called  out  on  business  and  asks  to  be  excus- 
.ed  for  half  an  ILO.UT. 


PROCEEDINGS  AND  DEBATES.  381 

(Messrs.  Grant,  Baxter,  Hay,  Johnston,  Burdick  and  Me- 
Candlish  come  in.) 

Mr.  TESCHEMACHEB.  I  think  there  is  a  quorum  present 
and  move  that  further  proceedigs  under  the  call  be  dispensed 
with. 

Mr.  HOYT.  Second  the  motion. 

Mr.  PRESIDENT.  So  many  as  are  of  the  opinion  that  fur- 
ther proceedings  under  the  call  be  dispensed  with  will  say  aye ; 
contrary  no.  The  ayes  have  it;  further  proceedings  under  the 
call  will  be  dispensed  with. 

The  secretary  will  read  the  journal. 

(Beading  of  the  journal  for  the  fourteenth  day.) 

Mr.  PRESIDENT.  Are  there  any  criticisms  to  be  made  to 
the  journal?  If  not  it  stands  approved.  It  is  so  ordered,  Mr. 
Secretary.  The  committee  on  preamble  and  bill  of  rights,  the- 
name  of  Col.  Downey  appears  as  the  second  member  of  that 
committee.  It  is  uncertain  when  Col.  Downey  will  be  present, 
although  expected  every  day,  and  if  there  is  no  objection,  and 
as  the  committee  desires  to  do  its  work  and  report  as  rapidly 
as  possible,  I  would  name  Ex-Governor  Hoyt  of  Albany  to  tem- 
porarily take  the  place  of  Col.  Downey,  until  he  shall  arrive, 
if  there  is  no  objection.  The  chair  hears  no  objection,  and  Ex- 
Governor  Hoyt  of  Albany  will  temporarily  act  in  that  capac- 
ity in  the  absence  of  Col.  Downey,  and  until  he  arrives. 

Presentation  of  memorials,  petitions  and  propositions  are 
now  in  order;  are  there  any 'to  be  presented  this  morning? 
Reports  of  standing  committees;  any  reports? 

Mr.  GRANT.    Committee  No.  11  has  a  report  to  make. 

Mr.  HAY.  I  would  like  to  call  attention  to  the  fact  that 
two  members  signed  with  exceptions  to  certain  portions  of  it. 

Mr.  GRANT.  Mr.  Hay  and  Mr.  Richards  approved  of  it  all 
with  two  exceptions,  as  will  be  seen  in  the  report. 

(See  journal  page  65.) 

Mr.  ELLIOTT.  I  move  that  the  report  be  referred  to  the 
committee  on  printing,  without  being  read. 

Mr.  PRESIDENT.  The  chair  would  suggest  to  the  conven- 
tion that  we  are  getting  our  printing  so  slowly  it  may  be  un- 
wise to  so  refer  it.  However,  if  it  is  advisable  the  chair  will 
put  the  motion. 

Mr.  ELLIOTT.  I  think  it  should  be  printed;  it  is  very  long 
and  it  will  be  absolutely  impossible  for  this  convention  to  con- 
sider this  matter  unless  it  is  printed  so  we  may  all  be  able  to 
understand  it. 

Mr.  PRESIDENT.  The  question  is  on  the  motion  to  print 
the  substitute  reported  by  Committee  No.  11,  on  taxation,  rev- 
enue and  public  debt.  Are  you  ready  for  the  question?  As 
many  as  are  of  the  opinion  that  the  matter  be  put  into  the 
hands  of  the  printing  committee  will  say  aye;  those  opposed 
no.  The  ayes  have  it;  the  motion  to  print  prevails.  I  would 


382  CONSTITUTIONAL  CONVENTION. 

suggest  to  the  committee  on  printing  that  this  matter  be  put 
in  the  hands  of  the  printer  as  early  as  possible.  Are  there  any 
further  reports  from  committees? 

Gentlemen  of  the  convention,  the  business  of  the  morning 
having  been  disposed  of,  we  are  now  ready  to  go  into  commit- 
tee of  the  whole  on  the  general  file. 

Mr.  MORGAN.  Before  the  motion  is  put  I  would  like  to 
move  that  we  hold  sessions  every  night  this  w^eek,  commenc- 
ing at  7:30,  except  Saturday. 

Mr.  HOYT.    Second  the  motion. 

Mr.  PRESIDENT.  I  wish  to  state  before  putting  the  motion 
that  in  accordance  with  the  order  of  the  convention,  I  extend- 
ed an  invitation  to  the  committee  of  the  United  States  senate 
.to  address  the  convention.  Senator  Jones  left  last  night  and 
will  not  be  able  to  be  present,  but  Senator  Stewart  remains, 
.and  consents  to  address  the  convention  and  suggests  such  time 
as  may  be  most  convenient  to  the  convention,  suggesting,  how- 
ever, that  owing  to  the  fair  and  other  matters,  that  perhaps  it 
would  be  more  agreeable  to  address  the  convention  in  the  ev- 
ening, and  names  such  time  this  evening  as  would  be  most 
agreeable  to  the  convention.  What  is  your  pleasure  as  to  the 
matter? 

Mr.  HAY.  In  connection  with  that  motion,  I  would  like  to 
inquire  what  arrangements  could  be  made  for  light? 

Mr.  PRESIDENT.  They  had  a  meeting  herelast  night,  and 
I  presume  they  must  have  had  lights. 

Mr.  HAY.  I  presume  the  arrangement  was  only  made  for 
last  night. 

Mr.  PRESIDENT.  I  suppose  the  ways  and  means  commit- 
tee will  have  to  provide  the  light.  Will  the  mover  of  the  mo- 
tion to  hold  sessions  as  named  fix  the  same  hour,  7 :30,  for  this 
evening?  The  chair  would  also  suggest  that  there  is  no  time 
set  for  our  morning  sessions,  and  perhaps  owing  to  misunder- 
standing as  to  the  hour,  a  great  many  of  our  members  are  ab- 
sent at  roll  call.  If  the  gentleman  would  also  include  in  his 
motion  some  time  of  meeting  in  the  morning,  it  would  be  suffi- 
'Cient  notice  to  everyone,  and  we  would  not  be  troubled  with  so 
many  absentees  at  roll  call. 

Mr.  MORGAN.      I  move  to  insert  9  o'clock  in  the  morning. 

Mr.  PRESIDENT.  The  motion,  as  the  chair  understands 
it,  is  that  we  hold  sessions  every  evening  this  week,  except 
Saturday,  at  7:30  o'clock,  and  that  our  morning  sessions  be- 
gin at  9  o'clock.  So  many  as  are  of  the  opinion  that  the  mo- 
tion as  made  prevail,  will  say  aye;  those  opposed  no.  The  ayes 
have  it;  the  motion  prevails. 

What  is  your  further  pleasure,  gentlemen? 

Mr.  TESCHEMACHER.  I  move  we  now  go  into  commit- 
tee of  the  whole  for  consideration  of  the  general  file. 


PROCEEDINGS  AND  DEBATES.  383 

Mr.  HAY.  About  this  light  matter.  Mr.  Johnston  has  al- 
ready had  something  to  do  with  the  lights,  and  I  move  that 
lie  be  requested  by  the  convention  to  make  arrangements  for 
lights  during  this  week. 

Mr.  PRESIDENT.  There  being  no  objection  the  chair  will 
consider  the  motion  as  prevailing  by  unanimous  consent,  and 
Mr.  Johnston  is  appointed  a  special  committee  of  one  to  look 
after  lighting  the  house  for  the  week.  It  is  moved  that  we 
mow  go  into  committee  of  the  whole  for  consideration  of  the 
general  file.  So  many  as  are  of  the  opinion  that  we  now  go  in- 
to committee  of  the  whole  will  say  aye ;  contrary  no.  The  -ayes 
have  it;  the  motion  to  go  into  committee  of  the  whole  prevails. 
The  chair  will  call  Mr.  Sutherland  of  Albany  to  the  chair. 

Mr.  SUTHERLAND.  I  would  rather  be  excused,  and  let 
some  one  more  able  take  the  chair. 

Mr.  PRESIDENT.  Will  Mr.  Coffeen  of  Sheridan  take  the 
•chair?  We  are  now  in  committee  of  the  whole,  Mr.  Coffeen  in 
the  chair. 

Mr.  CHAIRMAN.  The  first  thing  on  the  file  is  File  No.  68, 
suffrage,  pending  the  motion  of  Mr.  Campbell,  amended  by  Mr. 
Baxter.  Mr.  Campbell  submitted  an  amendment  to  strike  out 
Sec.  9,  Mr.  Baxter  moved  an  amendment  to  the  amendment 
to  strike  out  the  last  sentence,  and  insert  "this  section  shall 
not  apply  to  citizens  of  Wyoming  at  the  time  of  the  adoption 
of  this  constitution."  Gentlemen,  you  have  heard  the  amend- 
ment, what  is  your  pleasure? 

Mr.  ELLIOTT.  I  would  like  to  ask  whether  the  substance 
of  that  is  not  contained  in  the  succeeding  section.  I  so  under- 
stand it. 

Mr.  GRANT.    I  take  it  that  Sec.  10  covers  the  ground. 

Mr.  CHAIRMAN.  Gentlemen,  the  motion  before  the  house 
is  on  the  amendment  to  the  amendment  as  made  by  Mr.  Bax- 
ter. Are  you  ready  for  the  question? 

Mr.  POTTER.  I  don't  know,  Mr.  Chairman,  about  the 
amendment  to  the  amendment.  Without  giving  it  much 
thought  it  occurs  to  me  that  we  are  providing  that  all  citizens 
shall  have  the  right  to  vote.  That  amendment  should  not  ap- 
ply to  all  citizens.  All  citizens  of  Wyoming  are  not  voters  of 
Wyoming  by  a  long  distance. 

Mr.  BAXTER.  I  will  explain  to  the  gentleman  what  my 
idea  is.  It  seems  to  me  that  in  adopting  this  constitution  there 
should  be  no  discrimination  made  against  a  citizen  of  the  state 
who  is  at  the  time  of  the  adoption  of  the  constitution  a  voter 
under  our  existing  law.  That  is,  everyone  shall  continue  to 
have  the  right  to  vote  who  shall  heretofore  have  had  it  in  the 
territory,  and  instead  of  fixing  some  date  in  the  future  after 
which  a  man  unable  to  read  or  write  shall  not  vote,  my  own 
impression  is  that  it  would  be  better  to  say  "at  the  time  of  the 
adoption  of  this  constitution,"  after  that  a  man  who  becomes 


384  CONSTITUTIONAL  CONVENTION. 

a  citizen  shall  not  vote  who  has  not  the  necessary  qualification; 
let  such  discrimination  be  at  the  time  of  the  adoption  of  the 
constitution,  instead  of  some  date  in  the  future. 

Mr.  PRESTON.    Since  the  very  first  day  of  this  convention 
I  have  been  very  anxious  to  return  to  my  home,  and  it  has  been 
far  from  my  intention  to  take  up  any  of  the  valuable  time  of 
this  convention  in  discussing  any  of  the  questions  before  it  for 
its  consideration.    Yet  there  is  involved  in  Sec.  0  a  principle 
which  I  have  been  taught  from  early  infancy,  and  which  I  feel 
that  in  justice  to  myself  I  cannot  permit  to  go  by  without  an 
expression  of  my  opinion  in  regard  thereto.     It  is  true  this 
question  involved  in  Sec.  9  was  argued  yesterday,  it  was  dis- 
cussed by  some  from  a  political  standpoint,  while  others  at- 
tempted to  fight  over  several  battles  in  the  late  rebellion;; 
again,  wre  found  the  defeated  candidates,  who  were  tempted  to 
find  fault  on  account  of  their  defeat.    I  do  not  understand  that 
in  this  question  any  political  question  is  involved;  I  do  not  un- 
derstand that  politics  is  in  any  way  connected  with  this  sec- 
tion, unless  my  friend  Mr.  Baxter  is  one  of  those  kind  of  Repub- 
licans that  believe  that  Democrats  cannot  read.    We  all  recog- 
nize that  in  politics  it  is  an  honest  difference  of  opinion,  and  so 
far  as  the  vote  is  concerned  at  Rock  Springs  and  along  the- 
railroad,  it  is  a  wrell  known  secret  that  the  party  who  controls 
the  floating  vote  is  the  Republican  party.    Politics  cut  no  fig- 
ure with  a  man's  sins,  but  there  is  one  political  sin,  and  that 
is  connected  with  one  class  of  people,  and  they  will  have  to  an- 
swer for  it  on  judgment  day,  and  that  is  the  sin  of  the  friend 
of  the  foreign  capitalist  who  favors  a  high  protective  tariff. 
Now  gentlemen  when  the  declaration  of  independence  was 
framed  by  our  forefathers,  there  was  a  principle  embodied  in 
that  declaration  that  said  that  all  men  were  created  equal;  that 
they  wrere  created  by  their  Creator  with  certain  inherent  rights 
and,  gentlemen,  one  of  those  rights  is  that  a  man  has  a  right  to 
vote,  and  to  vote  as  he  pleases,  wiiether  rich  or  poor,  ignorant 
or  educated.    It  was  not  the  intention  of  the  framers  of  the 
constitution  of  the  United  States  that  a  man  should  be  pos- 
sessed of  any  other  qualifications  than  that  of  a  citizen  of  the 
United  States.     The  abuse  here  that  has  been  called  to  the- 
attention  of  this  convention  by  those  people,  who  it  is  said  at 
Rock  Springs  and  other  places,  who  have  abused  the  ballot, 
has  not  been  because  they  were  ignorant,  but  it  has  been  for 
the  reason  that  men  have  been  permitted  to  vote  who  were  not 
citizens  of  the  United  States,  and  wrhen  you  put  into  the  consti- 
tution of  the  proposed  state  a  provision  that  says  before  a  man 
shall  vote  he  must  be  a  citizen  of  the  United  States,  then  you 
put  all  in  that  constitution  in  my  opinion  that  should  be  re- 
quired of  a  man  in  order  that  he  may  have  equal  voice  in  the 
affairs  of  the  government  of  his  country.    When  you  undertake 
to  say  that  a  man  must  be  educated  in  order  to  vote,  when  you 


PROCEEDINGS  AND  DEBATES.  385 

undertake  to  say  that  ;i  civil  service  commission  must  he  ap- 
pointed to  examine  into  the  qualifications  of  a  man  before  lie 
can  vote,  you  are  placing  upon  him  one  of  those  restrictions 
which  it  was  not  intended  ever  should  he  placed  upon  him  by 
the  founders  of  this  country,  and  I  must  say  to  you  gentlemen 
that  when  you  embody  in  the  constitution  of  Wyoming  a  clans:- 
that  says  a  man  must  be  educated  to  vote,  then  you  are  sign- 
ing the  death  warrant  of  the  constitution  of  Wyoming,  and  it 
will  never  be  accepted  by  the  people  of  Wyoming.  For  what 
reason  now,  in  the  name  of  justice,  for  what  reason  will  you 
give  a  man  who  resides  in  Wyoming  today  thejjrivilege  of  cast- 
ing his  ballot,  when  the  man  who  comes  here  after  we  are  ad- 
mitted as  a  state,  after  the  year  1895,  shall  not  have  that  pri- 
vilege. I  understand  the  main  object  of  pressing  the  territory 
into  statehood  at  this  time  is  for  the  purpose  of  stretching  out 
our  arms  and  asking  people  in  other  states  to  conn/  and  live 
among  us.  It  has  been  said  by  gentlemen  who  are  thoroughly 
acquainted  with  all 'the  surroundings  of  the  territory,  who 
knows  its  resources,  who  knows  what  it  has,  who  are  well  ac- 
quainted with  the  requirements  necessary  to  develop  this  coun- 
try, these  gentlemen  say  to  you  today  through  the  press  and  on 
the  streets  that  Wyoming  cannot  prosper  until  we  are  admit- 
ted as  a  state,  for  the  reason  that  people  with  capital  who  live 
in  the  east,  will  not  invest  their  money  in  this  country.  Then 
I  say  to  you  gentlemen  if  you  are  going  to  place  a  restriction 
upon  those  who  are  not  living  among  us,  and  to  say  the  man 
who  lives  here  now  can  vote  because  he  is  ignorant,  and  the 
man  who  comes  here  who  cannot  read  and  write  is  deprived  of 
the  privileges  that  it  was  intended  he  should  have  by  the  foun- 
ders of  his  country;  then  I  say  to  you  gentlemen  you  are  strik- 
ing the  death  blow  at  the  future  prosperity  of  Wyoming. 

Mr.  CAMPBELL.  I  have  the  following  amendment  to  of- 
fer: "No  person  shall  be  entitled  to  vote  who  cannot  translate 
Hamlet's  Soliloquy  into  Pennsylvania  Dutch." 

Mr.  COFFEES.  I  rise  to  a  point  of  order.  This  goes  one 
step  too  far,  to  amend  an  amendment  to  an  amendment. 

Mr.  CAMPBELL.    This  is  offered  as  a  substitute. 

Mr.  CONAWAY.  I  believe  the  substitute  is  not  seconded, 
and  I  arise  to  address  myself  to  the  question  before  the  house. 
As  I  understand  the  way  the  business  now  stands,  the  question 
was  originally  upon  striking  out  Sec.  0,  providing  for  an  educa- 
tional qualification  to  exercise  the  right  of  suffrage.  Then 
there  was  an  amendment  offered  to  the  amendment,  which  has 
just  been  read,  and  that  amendment  is  now  before  the  house. 
I  presume  that  in  committee  of  the  whole  it  will  not  be  consid- 
ered improper  to  take  into  consideration  the  range  of  this 
amendment,  as  it  is  necessary  in  making  up  our  minds  how  to 
vote  upon  the  question,  upon  the  amendment  to  the  amendment 
to  consider  to  some  extent  the  general  question  of  the  propriety 
25- 


386 


CONSTITUTIONAL  CONVENTION. 


of  an  educational  qualification  being  adopted  into  the  consti- 
tution as  a  whole;  now  I  am  one  who  stand  with  Mr.  Clark 
upon  this  proposition,  opposed  in  toto  to  the  doctrine  requiring 
an  educational  qualification  for  the  exercise  of  the  elective 
franchise  at  any  time  in  the  history  of  our  territory  or  state. 
The  discussion  of  this  question  on  yesterday  took  a  very  wide 
range,  and  was  discussed,  as  has  been  said,  partly  from  the 
standpoint  of  the  old  soldier,  the  standpoint  of  the  politician, 
partly  from  the  standpoint  of  the  defeated  candidate,  and  part- 
ly from  the  standpoint  of  the  foreign  born  citizen  or  resident. 
I  do  not  know  that  it  is  necessary  in  discussing  this  question 
that  we  take  any  of  these  special  standpoints,  but  I  prefer  to 
discuss  it  from  the  standpoint  of  a  citizen  or  resident  of  the 
proposed  state,  without  regard  to  occupation,  or  special  place 
of  birth.  It  has  been  ray  experience  among  the  communities 
in  which  I  have  lived  to  find  among  the  people  with  whom  I 
became  acquainted,  persons  who  had  the  misfortune  to  receive 
no  education  whatever,  both  of  foreign  and  native  birth.  It 
was  no  unusual  thing  among  our  fathers  and  mothers,  with  the 
limited  means  of  education  at  their  disposal  in  the  days  when 
they  lived,  for  people  to  grow  to  manhood  and  womanhood, 
to  live  and  labor  and  die  without  learning  to  read  or  write,  and 
there  are  such  people  in  our  territory  today,  while  they  are  un- 
educated, some  of  them  unable  to  write  their  names,  nuable 
to  read  a  word  of  English,  but  they  are  not  ignorant  people. 
They  know  as  much  about  the  current  affairs  of  the  times 
about  business,  and  who  are  as  efficient  and  useful  men  and 
women  as  we  have  in  our  different  communities.  I  know  of 
such  people,  I  am  acquainted  with  such  people,  I  have  them  in 
my  mind  now,  I  could  name  them,  and  I  think  it  would  be  a 
great  mistake  to  deprive  them  of  the  right  of  suffrage  because 
circumstances  unfortunately  deprived  them  of  an  education. 
Many  of  this  class  of  unfortunate  people  realize  deeply  their 
misfortune  in  not  receiving  an  education,  and  I  believe  it  would 
be  a  great  mistake  to  deprive  them  of  a  right  which  I  believe 
many  of  these  people,  and  perhaps  a  majority  of  them,  exer- 
cise as  intelligently  as  any  class  of  people  living  in  the  commu- 
nity. That  is  my  opinion  upon  this  question,  and  it  is  not  al- 
ways that  the  wisdom,  power  and  influence  given  by  education 
are  wisely  practiced.  I  think  that  the  qualification  for  practi- 
cal knowledge,  of  good  character,  honest,  moral  character,  and 
right  intention,  would  be  more  important,  and  much  more  ef- 
fective that  the  educational  one.  Now  while  this  discussion 
has  taken  such  an  extended  range  as  it  has,  I  will  ask  pardon 
for  occupying  a  little  more  time  in  illustrating  what  I  mean 
by  an  example.  The  soldiers  were  referred  to  yesterday.  I  re- 
member in  the  division  of  the  army  with  which  I  was  connct- 
ed  most  of  the  time,  the  case  of  a  lieutenant  in  one  of  the  com- 
panies of  one  of  the  regiments  of  our  division,  who  was  excep- 


PROCEEDINGS  AND  DEBATES. 


3S7 


tionally  bright,  exceptionally  well  educated,  who  had  studied 
history  and  general  literature,  and  who  had  studied  all  the  mil- 
itary authorities  and  tactics,  he  was  acquainted  with  military 
operations  thoroughly,  and  knew  more  and  could  tell  more 
about  the  tactics,  about  the  principle  which  should  govern 
everything,  about  the  plans  of  campaign,  and  who  could  discuss 
all  these  matters  more  intelligently  than  any  man  of  my  ac- 
quaintance, and  he  was  a  nuisance  in  the  army.  He  occupied 
all  his  time  in  giving  advice  to  everyone,  to  the  officers  of  the 
brigade  and  of  the  division.  He  carried  this  to  such  an  extent 
that  charges  were  preferred  against  him  for  inefficiency,  and 
an  officer  of  the  regular  army  was  detailed  to  investigate  wheth- 
er the  reasons  for  the  charge  were  good  and  sufficient;  the  ex- 
amination was  conducted  before  a  board  composed  of  officers 
of  both  the  regular  and  volunteer  service,  but  his  knowledge  of 
army  tactice  was  so  perfect  that  after  a  most  rigid  examina- 
tion the  prosecution  failed,  and  he  was  allowed  to  return  and 
destroy  the  peace  and  comfort  of  the  entire  brigade.  I  wish 
to  connect  that  case  which  came  under  my  own  observation, 
with  one  which  I  read  of.  I  read  of  the  case  of  a  sergeant  in 
one  of  the  companies  of  the  army  of  the  east,  who  in  the  com- 
mand of  squads  of  men  showed  himself  possessed  of  remark- 
able ability  for  handling  men  and  accomplishing  a  great  deal, 
as  much  perhaps  as  any  man  in  that  portion  of  the  army  could 
-with  the  same  number  of  men,  and  it  happened  that  this  fac- 
ulty which  he  had  was  developed  by  the  fact  that  the  higher 
officers  would  detail  him  with  squads  of  men  to  go  on  reconit- 
•ering1  expeditions,  and  on  one  occasion  it  happened  that  in 
action  in  a  battle  a  majority  of  the  officers  of  the  regiment  to 
which  he  belonged  were  killed,  and  it  devolved  upon  him  to 
take  command  of  the  company,  and  for  a  moment  the  greatest 
confusion  prevailed.  The  men  wrere  discouraged  and  were 
about  to  retreat,  but  he  brought  into  play  that  great  natural 
ability  which  he  possessed  to  handle  men,  and  within  a  short 
time  he  suddenly  brought  about  a  complete  change  of  affairs, 
•and  he  handled  those  men  so  wrell,  showed  himself  so  efficient, 
he  was  recommended  for  promotion — that  lie  should  have  a 
commission.  The  recommendation  was  endorsed  by  the  com- 
mander of  the  regiment  and  by  the  commander  of  the  division, 
and  so  on  up,  and  sent  to  Washington.  It  happened  that  at 
that  time  in  the  history  of  our  country  there  was  a  board  of 
examination  appointed  for  the  purpose  of  examining  persons 
recommended  for  promotion,  and  this  board,  composed  of  high- 
ly educated  young  men  from  West  Point,  took  the  case  of  the 
sergeant  and  examined  him.  They  asked  him  what  an  abbatis 
was;  he  did  not  know,  he  did  not  think  they  were  used  in  his 
part  of  the  army;  they  asked  him  under  what  circumstances  he 
would  form  a  hollow  square  of  his  men;  he  didn't  know;  never 
lieard  of  such  a  thing ;  such  a  thing  had  never  been  done  where 


CONSTITUTIONAL  CONVENTION. 

he  had  been;  they  asked  him  several  other  questions  and  he 
could  not  answer  a  single  one.  Finally  one  of  the  board  asked 
him:  "Suppose  you  were  in  action  on  the  field  of  battle,  and 
the  cavalry  force  of  the  army  should  make  a  charge  on  your 
command  of  infantry,  if  you  should  happen  to  be  in 
command,  what  would  yon  do?"  "What  would  I 
do,"  said  lie,  "Why  I  would  give  them  hell,  that  is  what  I  would 
do."  AVell,  the  man  did  not  answer  a  single  question  correctly 
and  his  recommendation  for  promotion  was  sent  to  Abe  Lin- 
coln disapproved.  Mr.  Lincoln  was  a  man  of  strong  sense  of 
justice,  and  he  knew  what  the  sergeant  had  done,  what  he  was 
capable  of  doing  on  the  field,  and  he  read  that  report  through, 
question  after  question,  and  not  a  single  one  answered  correct- 
ly, and  after  reading  it  through  he  wrote  at  the  bottom:  "Give 
this  man  a  commission."  Now  that  illustrates  my  view  of  the 
impropriety  of  requiring  an  educational  qualification  for  the 
exercise  of  the  right  of  suffrage.  It  cannot  be  required  in  busi- 
ness, the  man  without  education  has  the  same  necessity  to  en- 
gage in  some  kind  of  business  and  make  a  success  of  it,  if  he 
can,  that  the  intelligent  man  has,  and  our  failures  are  not  con- 
fined to  the  ignorant  men,  and  I  claim  that  uneducated  people 
are  not  necessarily  ignorant  people,  that  they  are  as  efficient, 
as  \vell  informed  as  educated  people,  not  only  as  well  informed 
but  that  their  information  and  their  knowledge  or  their  opinion 
is  of  a  practical  nature,  and  that  they  are  capable  of  exercis- 
ing this  privilege  of  the  right  of  suffrage,  iind  every  other  pri- 
vilege with  at  least  reasonable  efficiency  and  intelligence,  and 
are  just  about  as  likely  to  be  right  in  the  main  as  the  intelligent 
people  are  on  all  questions  which  come  before  us  for  our  deci- 
sion, and  I  think  it  would  not  only  be  wrong  in  principle,  but 
that  it  would  be  bad  policy  to  put  such  a  provision  into  our 
constitution.  Of  c.ourse,  considerations  of  policy  are  only  sec- 
ondary. If  we  get  at  what  is  right  that  is  the  main  considera- 
tion, but  we  should  not  forget  that  we  are  considering  what 
is  right,  that  there  are  some  considerations  of  policy  which 
should  guide  us  to  some  extent,  and  which  are  well  worth  re- 
membering. I  am  satisfied  that  there  is  a  large  and  respecta- 
ble vote  in  the  different  counties  of  this  territory,  which  by  this 
provision  requiring  an  educational  qualification,  will  be  pre- 
vented from  giving  their  support  to  this  constitution,  good  men 
and  women  who  would  be  glad  to  see  Wyoming  a  state,  and 
who  will  be  citizens  of  me  state  whenever  it  becomes  a  state. 
So  with  these  views  1  am  not  very  particular  how  these  amend- 
ments pass,  whether  Ihey  pass  or  not,  but  1  hope  whether 
amended  or  not,  that  the  section  will  be  defeated  as  a  whole. 
I  consider  it  wrong  in  principle  and  a  mistake  at  the  present 
time. 

Mr.  HARVEY.  I  simply  want  to  declare  that  my  firm  con- 
viction of  the  principle  involved  in  this  section  is  the  only 


PROCEEDINGS  AND  DEBATES.  389 

principle  upon  which  this  convention  can  afford  to  go.  I  don't 
think  that  Wyoming  at  this  stage  of  the  world's  (levelo])iiieiit 
can  afford  to  stand  on  the  basis  that  ignorance  is  as  intelligent 
,  as  education.  I  was  not  in  the  war,  and  know  nothing  about 
1he  circumstances  of  the  war  personally,  but  since  the  war  I 
1m  ve  followed  the  trend  of  this  up,  and  studied  the  thought, 
and  that  the  best  thought  of  this  country,  and  it  is  uniformly 
agreed  that  the  most  serious  problem  which  confronts  us  is  the 
simple  question  of  the  ignorance  of  the  vast  hordes  that  are 
coming  in  among  us  year  by  year.  And  I  submit  it  has  been 
agreed  one  of  the  best  possible  means  of  avoiding  this  evil  is 
by  the  adoption  of  some  such  a  measure  as  proposed  in  this  sec- 
tion. •  The  argument  is  a  very  surprising  one,  it  is  simply  that 
ignorant  men  are  wise,  just  as  capable,  just  as  intelligent  as 
educated  men.  The  whole  theory  of  this  country  from  the  be- 
ginnig  up  to  the  present  time  has  been  just  the  opposite.  I 
won't  argue  such  a  question  as  that.  Now  let  us  be  consistent. 
We  have  in  adopting  this  clause  allowing  women  to 
vote,  given  them  the  right  of  suffrage,  not  because 
we  thought  it  right,  but  because  we  have  become 
convinced  by  the  experiment,  that  they  are  capable  of  exercis- 
ing it  wisely;  that  the  interests  of  the  state  will  be  promoted  by 
our  so  doing.  We  propose,  I  assume,  to  adopt  what  is  called 
the  compulsory  education  clause.  Let  us  be  consitent  then, 
let  us  educate,  let  us  put  a  premium  on  education,  let  us  require 
our  voters  to  fulfil  the  law  by  educating  themselves. 

Mr.  TESCHEMACHER.  I  think  that  as  the  author  of  this 
provision  it  is  about  time  I  had  a  chance  to  get  on  this  floor  and 
defend  it.  I  am  perfectly  surprised  at  the  arguments  made 
here.  It  is  not  such  a  perfectly  unheard  of  thing  in  the  consti- 
tutions of  the  states  of  the  United  States  that  we  should  have 
such  a  provision.  The  state  of  Maine  has  such  a  provision, 
which  was  passed  as  an  amendment  to  the  constitution  of 
1780,  the  amendment  was  passed  in  1820,  whereby  men  should 
be  able  to  read  the  constitution,  that  he  should  be  able  to  read 
it.  in  English,  and  that  he  should  be  able  to  sign  his  name.  The 
second  state  was  the  state  of  Connecticut,  another  good  old 
New  England  state,  and  in  1855  Connecticut  passed  an  amend- 
ment to  its  constitution  that  every  voter  should 'be  obliged  to 
be  able  to  read  an  article  of  the  constitution  of  that  state.  In 
1<880,  I  think  it  was  '80,  the  south  fell  into  line,  and  Florida 
came  to  the  front  with  an  amendment  to  her  constitution,  an 
amendment  to  the  effect  that  after  1SSO  the  legislature  must 
pass  laws  requiring  voters  to  be  able  to  read,  and  then,  strange 
to  say,  this  remarkable  theory  of  disfranchising  the  voter  trav- 
eled west,  and  in  187(>  Colorado  provided  that  after  1800  the 
legislature  might  prescribe1  an  educational  qualification.  There 
are  four  other  states,  two  Xew  England  states,  one  far  south- 
ern state,  and  one  far  western  state,  who  have  all  thought  that 


390  CONSTITUTIONAL  CONVENTION. 

an  educational  qualification  was  something  that  might  be 
prescribed  as  one  of  the  requirements  of  a  voter.  My  friend, 
Judge  Conaway,  who  last  spoke  on  the  question  of  the'  necessi- 
ty of  striking  out  this  provision  from  the  constitution,  told  us 
a  very  good  military  story,  but  I  did  not  gather  from  the  story 
that  the  sergeant  did  not  know  how  to  read  the  constitution. 
He  did  not  know  how  to  form  a  hollow  square,  or  what  to  do 
with  a  cavalry  charge,  but  so  far  as  his  not  being  able  to  read, 
tho  constitution  went  we  did  not  find  that  out.  Now  in  the 
next  place  I  wish  to  ask  the  members  of  this  convention  what 
we  are  proudest  of  in  the  records  of  this  territory.  It  is  that 
the  territory  of  Wyoming,  away  out  in  the  Rocky  mountain  re- 
gion, has  the  least  amount  of  ignorance  of  any  state  or  terri- 
tory in  these  United  States.  We  have  only  two  per  cent  of 
the  people  in  this  territory  who  cannot  read  and  write,  and  two 
per  cent  of  the  people  of  this  territory  is  not  going  "to  defeat 
this  constitution,  so  the  gentlemen  need  not  be  afraid  on  that 
score  at  all.  I  have  always  been  proud  of  this,  that  we  only 
had  two  per  cent,  and  I  want  the  census  of  1890  to  show  that 
it  has  fallen  to  one  per  cent,  but  instead  of  that,  gentlemen 
get  up  here  and  say  we  had  two  per  cent  in  1880,  but  we  are 
anxious  to  show  a  big  census  in  1890.  In  some  of  the  states 
they  have  thirty-five  per  cent  of  the  population  who  can  iieith- 
write  nor  read,  let  us  make  a  bid  for  that  thirty-five  per  cent 
and  add  it  to  our  two  per  cent,  and  become  a  state  a  little 
sooner  perhaps  than  we  would  if  this  clause  here  were  to  re- 
main. My  friend,  Mr.  Campbell,  on  the  other  hand,  has  made 
a  very  able  argument  that  convinced  me  for  a  fewr  moments  un- 
til I  began  to  thinjv  it  over.  He  says  that  while  you  require 
a  man  to  pay  his  taxes  you  deprive  him  of  his  vote.  I  say  that 
every  state  in  the  union,  Rhode  Island  last  of  all,  has  said  that 
that  is  one  of  the  things  that  has  nothing  to  do  with  a  vote. 
He  don't  think  it  would  be  proper,  because  a  man  is  poor  and 
unable  to  pay  his  taxes,  he  should  be  deprived  of  his  vote ;  but 
that  is  the  great  argument  that  my  colleague  makes;  he  says 
that  you  make  a  man  pay  his  taxes  but  you  forbid  him  to  vote. 
I  say  that  taxation  and  the  privilege  of  suffrage  have  nothing 
to  do  with  each  other  at  all,  and  I  will  say  with  niy  friend  what 
my  belief  is  in  regard  to  this  question.  I  cannot  remember  the 
exact  words  but  I  will  give  them  to  you  as  well  as  I  can ;  that  it 
is  a  good  Democratic  theory  that  the  broader  the  foundation 
the  stronger  the  base  the  better  the  edifice  and  the  strongest 
foundation  in  any  commonwealth  is  that  laid  on  education 
and  intelligence,  and  that  is  what  makes  a  people  able  to  take 
care  of  themselves,  and  pass  suitable  laws.  Now  while  we  ap- 
preciate the  fact  that  while  universal  suffrage  is  a  good  thing, 
it  is  well  to  have  some  kind  of  a  safty  valve,  and  that  is  just 
what  this  educational  qualification  is,  a  safety  valve  in  the  ex- 
ercise of  the  elective  franchise ;  we  only  require  that  a  man  shall 


PROCEEDINGS  AND  DEBATES.  39 f 

be  able  to  read  the  ballot  he  casts.  It  is  like  running  an  engine 
although  I  confess  I  don't  know  much  about  that  myself,  sup- 
pose a  man  was  running  an  engine  and  had  no  safety  valve,  but 
would  throw  open  the  throttle  and  let  the  thing  run  full  head, 
and  what  do  you  suppose  would  happen  then,  I  think  he  would 
be  likely  to  take  his  engine  where  my  my  friend  Judge  Cona- 
way-s  sergeant  was  going  to  take  his  cavalry. 

Mr.  MORGAN.  I  have  not  given  any  consideration  to  the 
number  of  people  that  this  section  might  debar  from  voting  at 
present,  but  the  time  will  come,  when  some  persons,  residents 
of  this  territory,  will  be  preventing  from  voting  by  this,  I  don't 
care  whether  in  ten  years  or  now.  I  don't  care  anything  about 
that.  Under  this  section  there  would  be  some  men  debarred  at 
some  time.  This  provides  that  they  shall  be  required  to  read 
the  constitution  of  the  United  States,  if  this  prevails,  it  should 
be  followed  up  by  the  establishment  of  some  civil  service  board 
to  examine  persons  to  find  out  whether  they  understand  the 
constitution  of  the  United  States,  and  our  institutions,  and  the 
different  parts  of  our  government.  Otherwise  it  would  not  ac- 
complish what  the  gentlemen  are  trying  to  accomplish.  An- 
other reason  suggests  itself  to  me  why  it  should  not  be  adopt- 
ed. Suppose  that  I  was  a  candidate  for  office,  suppose  that 
toward  the  close  of  the  election,  and  I  should  be  apt  to  know 
by  that  time  how  the  election  was  going,  suposing  I  should  dis- 
cover late  in  the  afternoon  that  a  majority  of  the  votes  yet  to 
be  cast  would  be  polled  against  me,  that  a  majority  of  the  votes 
yet  to  be  polled  would  be  for  the  other  man,  if  I  was  unscru- 
pulous enough,  as  fast  as  every  man  came  up  to, cast  his  ballot 
I  would  call  upon  him  to  read  that  constitution,  and  I  could  pos- 
sibly thereby  prevent  fifty  honest  voters  who  can  read  from 
casting  their  ballots. 

Mr.  BAXTER.  I  have  been  very  much  interested  here  in 
the  discussion  on  this  question.  It  is  a  matter  I  had  given  very 
little  thought  to,  and  I  hardly  agree  with  my  friend  here  on  the 
right  that  we  have  heard  it  discussed  sufficiently.  I  don't  know 
that  I  am  prepared  to  take  a  stand  on  this  matter  until  I  have 
a  little  more  information  on  it.  The  first  thing  that  occurred  to 
me  in  submitting  that  proposition  was  that  instead  of  fixing 
some  time  in  the  future  by  which  time  a  man,  like  a  parrot, 
might  be  able  to  say  such  words  before  somebody  as  would  en- 
able him  to  cast  his  vote,  that  we  had  better  draw  the  line  an 
the  adoption  of  this  constitution.  I  have  never  been  in  any  of 
these  mining  towns,  my  business  does  not  call  me  there,  and 
while  I  have  little  or  personal  knowedge  of  the  condition  of  af- 
fairs about  these  mining  camps,  but  I  am  told  that  in  most  of 
these  mining  camps  there  is  a  large  population  whoare  not  men 
of  sufficient  intelligence  to  know  how  they  should  vote,  and  the 


5Q2  CONSTITUTIONAL  CONVENTION. 

question  as  to  how  they  should  vote  usually  exercises  little  in- 
fluence with  them,  and  if  that  is  a,  fact  it  seems  to  me  that 
they  should  not  be  allowed  to  counterbalance  the  vote  of  a 
thousand,  or  two  thousand,  or  three  thousand,  whatever  it  may 
be,  who  do  vote  intelligently  and  on  conviction,  and  it  was  with 
the  idea  of  reaching  that  class,  and  of  not  doing  an  injury  to 
any  man,  that  this  suggestion  of  mine  was  made.    I  belivethat 
every  citizen  of  the  state  should  have  the  right  to  vote  who  has 
enjoyed  the  right  under  the  territorial  form  of  government.    I 
cannot  recall  to  mind  a  half  dozen  men  who  cannot  read  or 
write,  but  I  agree  fully  Avith  Judge  f  onaway  in  the  declaration 
that  you  will  find  among  people  of  this  class  many  worthy  citi- 
zens, men  of  ability,  and  it  would  be  a  great  hardship  to  deprive 
them  of  this  right.    My  idea  is  not  to  do  that.    Every  man  who 
has  up  to  this  time  enjoyed  the  right  should  continue  to  enjoy  it 
under  this  constitution,  but  we  should  make  some  provision  by 
which  hundreds  of  people  who  apparently  have  no  sympathy 
with  our  institutions,  no  intelligence,  and  as  has  been  said  time 
and  again,  have  been  herded  together  and  voted  like  cattle,  we 
should  make  some  provision  which  would  reach  that  class.    I 
am  opposed  to  that  class  if  they  happen  to  be  here  long  enough 
to  be  qualified  under  the  time  qualification,  I  am  opposed  to 
that  class  being  allowed  to  cast  their  vote  and  in  so  doing  coun- 
terbalance the  vote  of  those  who  vote  upon  conviction. 

Mr.  HOYT.    As  one  whose  name  is  sighed  to  this  proposi- 
tion. I  think  it  my  privilege  to  say  a  few  words.    I  want  to  say 
at  the  beginning  that  I  want  it  distinctly  understood  by  every 
member  of  this  convention  that  this  is  a  measure  proposed  with 
reference  to  the  future.    We  all  have  pride  in  our  population, 
in  the  intelligence  of  our  people,  and  no  member  of  this  con- 
vention wTould  deprive  any  citizen  of  the  rights  he  has  already 
enjoyed.     But 'we  are  looking  to  the  future.     Accordingly  we 
-  have  provided  in  this  Sec.  9  that  all  who  have  enjoyed  the 
privilege  shall  continue  to  enjoy  it  so  long  as  they  live,  but  in 
order  to  prevent  an  influx  of  the  foreign  element  in  the  future, 
who  are  unable  to  understand  our  institutions,  and  who  are 
incompetent  to  stand  by  and  uphold  them,  and  promote1  the  gen- 
eral welfare1,  to  prevent  this  class  of  people  coming  into  our  ter- 
ritory is  the  reason  that  we  propose  this  Sec.  9.    I  prefer  educa- 
tion of  mind  to  anything  else.    I  believe  in  education.    I  believe1 
while1  intelligence*  is  the  pulse,  education  is  the  vibratory,  vital 
force  which  we1  feel,  and  we1  here  have  the  right  te>  protect  our 
stale  as  to  the  future1.    The  first  great  duty  of  every  government 
is  to  loe>k  to  the  security  of  the  state.    The  inconsistency  which 
has  bee1!!  referred  to,  e>f  supporting  woman's  suffrage  and  e>f  dis- 
crimiualiisg  against  the  illiterate,  I  say  there1  is  no  argument,  in 
that.     Both  acts  are  based  upon  this  theory,  this  doctrine  of 
Ihe  security  of  the  state.     We  give1  women  the1  elective  fran- 


PROCEEDINGS  AND  DEBATES.  393 

chise  because  we  believe  it  will  promote  the  security  of  the 
state,  because  they  are  as  intelligent  as  we  are,  and  will  pro- 
mote the  welfare  of  the  state.    W  refuse  it  to  the  illiterate  be- 
cause they  are  incompetent  voters.     If  the  women  as  a  class 
were  less  intelligent  than  they  are,  less  competent  to  exercise 
that  right,  as  a  friend  of  the  state,  of  its  future  success,  and 
future  welfare,  I  would  have  voted  against  woman's  suffrage. 
I  voted  for  it  because  I  believed  they  would  promote  the  wel- 
fare and    security  of   the    state   and   I   deny  it  to  the  illiter- 
ate man  because  I  believe  his  exercise  would  be  opposed  to 
the  welfare  of  the  state.     That  is  the  ground  upon  which  I 
stand.     Now  then,  Wyoming  having  taken  her  place  at  the 
front  in  the  matter  of  intelligence,  in  the  matter  of  liberty  and 
equality  and  justice  to  all  her  people,  I  desire  that  she  shall 
hold  her  place  at  the  front  of  all  the  states  in  the  galaxy  of 
states.    It  is  known  to  every  man  on  this  floor  that  seventy- 
five  per  cent  of  the  emigration  comes  west  of  the  Mississippi 
river,  and  when  the  agricultural  lands  lying  along  the  Missis- 
sippi and  Missouri  have  been  occupied,  there  will  come  a  migh- 
ty tide  to  these  mountain  regions,  and  we  will  be  flooded  by 
people  from  the  old  world,  without  knowledge  of  our  institu- 
tions, without  ability  to  read  our  constitution,  or  without  abil- 
ity to  govern  themselves,  and  so  we  will  say  to  all  such  people 
"See,  we  give  notice  to  the  world  that  five  yeajs  hence  it  will 
be  impossible  for  you  or  any  man  to  cast  his  ballot  unless  he 
can  read  his  ballot.    All  citizens  nowr  enjoying  the  right  can 
continue  to  enjoy  it,  but  we  give  notice  to>  the  world  that  we 
want  no  illiterate  men,  no  ignoramuses,  but  we  want  men  of 
intelligence.    What  an  influence  this  will  have  upon  the  people 
seeking  homes  in  the  mountains,  when  they  see  this  notice,  "Xo 
men  wanted  in  Wyoming  who  cannot  read  the  ballot  he  casts; 
go  to  other  states  but  come  not  here."    This  will  secure  to  us 
in  the  future  an  intelligent  population,  which  will  insure  the 
prosperity  and  success  of  the  commonwealth. 

Mr.  BROWN.  I  would  like  to  understand  exactly  how  we 
are  to  vote.  I  understand  that  the  amendment  offered  by  the 
gentleman  from  Laramie,  Mr.  Campbell,  was  to  strike  out  Sec. 
0  entirely.  Then  the  gentleman  from  Laramie,  Mr.  Baxter,  pro- 
posed an  amendment  to  the  motion  to  strike  out  the  latter  part 
of  the  section,  as  I  understand  it,and  also  included  in  that  mo- 
tion a  motion  to  insert  matter  into  the  section  after  strikim>; 
out  "until  1894,"  and  insert  "at.  the  date  of  the  adoption  of  this 
constitution/1  That  is,  after  the  adoption  of  this  constitution, 
if  a  man  becomes  a  citizen  of  Wyoming,  if  he  cannot  read  or 
write  he  cannot  vote.  If  the  motion  to  adopt  the  amendment 
to  the  amendment  offered  by  Mr.  Campbell  prevails,  his  motion 
is  practically  defeated.  I  wish  to  say.  in  a  word,  that  I  am  in 
favor  of  the  amendment;  that  is  to  strike  out  the  latter  part 


394 


CONSTITUTIONAL  CONVENTION. 


of  the  section  as  reported  by  the  committee,  and  add  the- 
words  uat  the  date  of  the  adoption  of  this  constitution."  I  only 
wish  to  say  at  this  time  in  answer  to  some  statements  presented 
by  different  gentlemen  upon  this  floor,  that  I  do  not  agree  with 
them.  It  has  been  suggested  that  this  proposition  has  been 
considered  from  the  standpoint  of  the  defeated  candidate,  from.; 
the  standpoint  of  the  successful  candidate,  from  the  standpoint 
of  the  politician,  from  the  standpoint  of  the  soldier,  and  I  don't 
know  from  what  other  standpoints.  I  don't  take  any  stock  in 
any  one  of  them,  I  don't  believe  any  gentleman  on  the  floor  of 
this  house  has  presented  any  suggestion  from  any  of  these 
standpoints,  and  I  wish  to  say  now  if  there  is  a  man  upon  the 
floor  of  this  convention  who  proposes  to  act  from  any  such  in- 
fluence, and  not  upon  his  conscience  as  to  what  is  best  for  the 
new  state,  I  have  not  much  respect  for  that  man. 

Mr.  CHAIRMAN.  The  question  is  on  Mr.  Baxter's  amend- 
ment to  Mr.  Campbell's  amendment.  Are  jou  ready  for  the- 
question  ? 

Mr.  TESCHEMACHER,  We  can  not  vote  upon  that,  it 
comes  in  conflict  with  the  very  next  section. 

Mr.  POTTEB.  In  my  judgment  the  amendment  is  not  in  or- 
der.  I  think  it  so  changes  the  original  motion  as  to  make  it  an 
entirely  new  amendment.  It  seems  to  me  that  we 
are  in  a  very  confusing  situation.  I  am  in  this  position: 
I  would  vote  for  this  amendment  if  I  thought  the  other  would' 
not  carry.  I  want  to  vote  for  Mr.  Campbell's  amednment, 
and  I  must  vote  against  this  amendment.  If  Mr.  Campbell's- 
motion  did  not  carry  I  would  be  in  favor  of  this  amendment. 
'  Mr.  TESCHEMACHER.  If  the  gentleman  from  Laramie, 
Mr.  Baxter,  will  withdraw  his  amendment  and  let  us  vote  on 
the  original  question,  then  he  can  amend  it  afterwards. 

Mr.  BAXTER.    I  withdraw  it. 

Mr.  CHAIRMAN.  Mr.  Baxter  has  withdrawn  his  amend- 
ment, and  the  question  will  be  upon  Mr.  Campbell's  motion 
to  strike  out  Sec.  9.  Are  you  ready  for  the  question?  All  in 
favor  of  the  motion  will  say  aye;  contrary  no.  A  division  is 
called  for.  All  in  favor  of  striking  out  will  rise  and  stand' 
until  counted — 12.  Those  opposed  will  rise — 22.  The  noes 
have  it;  the  motion  is  lost. 

Mr.  CHAIRMAN.  We  are  now  in  consideration  of  the  sec- 
tion as  it  stands.  The  gentleman  who  withdrew  his  motion 
can  now  restore  it  if  he  so  desires. 

Mr.  BAXTER,  I  move  to  amend  Sec.  9  in  the  manner  sug- 
gested before.  That  is  to  strike  out  the  last  sentence  and  in- 
sert "at  the  time  of  the  adoption  of  this  constitution." 

Mr.  CAMPBELL.  Just  see  in  what  an  inconsistent  posi- 
tion they  place  themselves.  Simply  because  a  man  is  ignorant 
and  happens  to  live  here  at  the  time  of  the  adoption  of  the 


PROCEEDINGS  AND  DEBATES. 


395 


constitution  is  to  have  greater  privileges  than  a  man  who  is 
ignorant  and  comes  here  after  the  adoption  of  this  constitu- 
tion. Do  the  gentlemen  see  their  inconsistency?  That  is  what 
is  proposed  in  that  amendment. 

Mr.  TESCHEMACHEE,  The  gentleman  is  not  speaking 
to  the  question. 

Mr.  CHAIRMAN.  All  those  in  favor  of  striking  out  the 
last  clause  and  inserting  the  words  "at  the  time  of  the  adop- 
tion of  this  constitution,"  will  please  say  aye;  those  opposed 
no.  The  noes  seem  to  have  it  ;the  noes  have  it;  the  motion  is 
lost. 

Mr.  POTTEE,  I  desire  to  offer  an  aamendment  to  Sec.  9, 
by  commencing  the  said  section  with  the  words  "The  legisla- 
ture may  provide  by  law  that."  Not  that  the  legislature  shalL 
provide,  but  that  they  shall  have  the  right  to  provide. 

Mr.  FOX.    Why  not  say  the  legislature  "shall." 

Mr.  POTTEE.    Because  I  don't  want  it  to. 

Mr.  CHAIEMAN.  All  those  in  favor  of  this  amendment" 
will  say  aye;  contrary  no.  The  noes  have  it;  the  motion  is-- 
lost.  Any  frurther  amedments  to  Sec.  9  ? 

.  Mr.  FOX.  I  have  a  section  which  I  wish  to  offer  as  Sec.. 
10,  and  Sec.  10  as  here  in  the  printed  bill  shall  be  numbered  11. 
"No  person  qualified  to  be  an  elector  of  the  state  of  Wyoming 
shall  be  qualified  to  vote  at  any  special  or  general  election 
hereafter  to  be  holden  in  this  state  until  he  or  she  shall  have  reg- 
istered as  a  voter  according  to  law.  The  first  legislature  of  the 
state  shall  enact  such  laws  as  will  carry  into  effect  the  pro- 
visions of  this  section,  which  enactment  shall  be  subject  to' 
amedmiient,  but  shall  never  be  repealed." 

Mr.  HAY.  I  just  want  to  say  a  word.  We  have  not  final- 
ly acted  upon  Sec.  9.  We  voted  upon  the  amendment  but  not 
upon  the  section  itself,  and  I  therefore  move  that  Sec.  9  be- 
adopted. 

Mr.  CHAIRMAN.  The  chair  begs  pardon,  he  did  not  rnean< 
to  pass  over  any  section.  All  in  favor  of  adopting  Sec.  9  will 
say  aye;  contrary  no;  the  ayes  have  it;  the  motion  prevails, 
and  Sec.  9  is  adopted. 

Mr.  TESCHEMACHEE,  I  wall  ask  Mr.  Fox  to  withdraw 
his  section  until  Sec.  10  as  reported  by  the  committee  is  read, 
because  that  is  a  supplementary  to  Sec.  9,  and  ought  really 
be  a  part  and  parcel  of  it,  and  as  Mr.  Fox's  amendment  takes 
up  an  entirely  different  subject  it  would  be  better  to  have 
him  withdraw  it  until  Sec.  10  is  read. 

Mr.  FOX.  My  idea  was  that  it  shold  come  in  that  place, 
and  if  that  was  not  the  right  -place  for  it  the  revision  commit- 
tee could  put  it  where  it  belongs,  that  was  my  idea  about  it, 
but  I  will  withdraw  it  until  Sec.  10  is  read. 

(Reading  of  Sec.  10.) 


CONSTITUTIONAL  CONVENTION. 

Mr.  POTTER.  It  seems  to  me  that  that  section  ought  to 
IK*  amended  by  excepting  from  the  operations  of  that 
section  idiots,  insane  persons  and  persons  convicted  of  crime. 
They  might  have  become  felons,  or  idiots  or  insane  within  that 
time. 

Mr.  rHAIRMAX.  The  chairman  is  not  quite  clear  about 
this;  is  it  to  be  considered  as  a  substitute  or  an  addition  to  the 
section  we  were  just  considering? 

Mr.  BTJBBrTT,  If  the  secreary  will  read  the  report  he  will 
find  that  the  committee1  recommended  the  insertion  of  the  sec- 
tion as  Sec.  10,  and  the  balance  of  the  file  to  be  renumbered 
consecutively. 

Mr.  BAXTER  I  don't  know  about  this  word  full.  I  think 
if  we  had  held  an  election  last  evening  most  of  our  citizens 
could  not  have  voted  under  this  provision  here ;  I  doubt  if  many 
of  them  could  have  reached  the  polls. 

Mr.  rOXAWAY.  Especially  as  there  is  a  law  forbidding 
the  opening  of  a  saloon  within  a  mile  of  the  polls. 

Mr.  BAXTER.  I  therefore  move  to  strike  out  the  word 
"full/' 

•  Mr.  CHAIRMAN.  You  have  heard  the  motion  to  strike  out 
the  word  full.  All  in  favor  of  the  motion  will  say  aye ;  contra- 
ry no ;  the  ayes  have  it ;  the  motion  to  strike  out  prevails. 

Mr.  McCAXDLISH.     I  would  like  to  ask  the  gentleman 
who  proposed  this  substitute  howr  they  are  going  to  mark  these 
people  who  cannot  read  now  and  write,  and  who  are  to  be 
allowed  to  vote? 

Mr.  RINER.    Brand  them  with  the  letter  M  on  the  neck. 

Mr.  BAXTER.  As  I  understand  this,  section  the  criticism 
is  an  unjust  one.  This  is  a  restrictive  clause,  and  it  says  none 
but  citizens  of  the  United  States  shall  be  permitted  to  vote, 
but  it  don't  say  that  all  citizens  of  the  United  States  shall  be 
permitted  to  vote,  so  that  the  criticism  that  has  been  made 
that  persons  who  cannot  read  must  have  the  right  under  this 
-section  is  not  a  proper  one. 

Mr.  POTTER.  Look  at  Sec.  6  as  relative  to  the  first  part  of 
the  section. 

Mr.  TErilKMArHER.  I  see  the  point,  and  I  would  like  to 
explain  the  apparent  inconsistency  in  that  section.  The  first 
part  of  that  section,  of  course,  referred  directly  to  Sec.  0,  to 
the  educational  qualification.  We  wished  to  provide  that  no- 
body who  at  present  cannot  read  or  write,  that  no  voter  should 
be  deprived  of  what  lie  had  already  enjoyed  when  we  became  a 
state.  The  second  part  of  that  section  refers  to  the  section 
which  provides  that  all  voters  in  the  territory  shall  be  citizens 
of  the  Tinted  States,  supposing  there  should  be  an  election  un- 
dei-  this  constitution  within  a  year,  we  don't  wish  to  bar  out 
any  who  are  entitled  to  vote  now,  but  after  five  years  we  do 


PROCEEDINGS  AND  DEBATES.  397 

wish  to  bar  out  those  who  would  be  able  to  vote;  under our 
present  election  law,  which  simply  requires  that  a  man  shall 
take  out  his  preparatory  papers  and  declare  bis  intention  of 
becoming  a,  citizen.  The  section  refers  to  two  entirely  different 
subjects,  and  I  think  myself,  Mr.  President,  it  has  to  be  amend- 
ed to  make  it  clear. 

Mr.  HOYT.  My  understanding  is  that  this  report  was  sent 
in  somewhat  hastily,  and  it  may  not  exactly  answer  the  pur- 
pose. It  seems  to  me  that  in  this  section  there  should  be  a  sep- 
aration. That  the  first  part  should  belong  to  Sec.  0,  and  should 
be  placed  there,  so  as  not  to  lead  to  any  confusion  as  to  what 
is  meant. 

Mr.  CONAWAY.  It  seems  to  me  that  the  first  part  of 
the  section  should  be  amended  so  as  to  read  "Nothing  contain- 
ed in  Sec.  9  shall  be  construed,  etc."  As  it  now  stands  "noth- 
ing herein  contained,"  refers  apparently  to  the  whole  report, 
to  the  whole  bill,  including  Sec.  6,  and  should  be  amended  to  re- 
fer to  Sec.  9  in  express  language;  I  have  not  the  exact  words 
of  the  proposed  section,  so  cannot  move  an  amendment.  I  am 
opposed  to  the  principle,  but  if  we  are  going  to  have  this 
thing,  let  us  have  it  as  good  as  we  can  make  it. 

Mr.  BROWN.  I  move  to  amend  Sec.  10,  as  reported  by 
Committee  No.  5,  by  inserting  after  the  word  "constitution'7 
in  the  fifth  line  of  the  proposed  section,  "unless  disqualified  by 
the  restrictions  of  Sec.  6  of  this  article.'* 

Mr.  RINER,    Second  the  motion. 

Mr.  CHAIRMAN..  It  is  moved  and  seconded  to  amend  Sec. 
10  by  inserting  the  proposed  amendment  as  read.  Are  you 
ready  for  the  question?  All  in  favor  of  the  motion  will  say  aye; 
contrary  no.  The  ayes  have  it;  the  amendment  is  adopted. 
What  is  your  further  pleasure? 

The  secretary  will  read  Sec.  11. 

(Reading  of  Sec.  11.) 
Mr.  CHAIRMAN.    Are  there  any  amendments  to  Sec.  11? 

Mr.  FOX.    I  move  it  be  adopted. 

Mr.  CHAIRMAN.  It  is  moved  that  Sec.  11  be  adopted. 
Are  you  ready  for  the  question?  All  in  favor  of  the  motion 
will  say  aye;  contrary  no.  The  ayes  have  it;  the  section  stands 
adopted,  an  action  which  I  believe  establishes  the  best  elec- 
tion reform  in  the  United  States. 

Mr.  FOX.  I  now  move  the  adoption  of  the  section  I  of- 
fered a  while  ago. 

Mr.  CHAIRMAN.  The  gentleman's  resolution  will  be  read 
by  the  secretary. 

(Reading  of  Fox's  resolution.) 

'Mr.  FOX.  My  object  in  offering  this  additional  article  to 
this  article  of  the  constitution  is  to  further  carry  out  the  se- 
crecy of  the  ballot,  and  the  governing  of  our  elections.  The 


398  CONSTITUTIONAL  CONVENTION. 

substance  of  it  was  introduced  by  Mr.  Grant  as  a  proposition 
for  this  constitution,  and  I  don't  believe  in  going  half  way, 
and  letting  the  rest  go.  We  have  adopted  laws  so  far  good. 
My  friend  from  Laramie,  Mr.  Morgan,  said  in  his  argument, 
that  he  could  take  his  place  at  the  polls  and  require  voters  to. 
.read  the  constitution,  and  that  he  could  thereby  debar  and 
cut  out  a  large  number  of  voters  at  the  close  of  the  day. 
Now  this  proposition  will  prevent  anything  of  that  kind.  The 
officers  designated  to  take  the  registration  can  tell  whether 
these  parties  can  read  the  constitution  or  not,  and  none  would 
be  registered  who  cannot  read.  I  think  that  is  a  proper  arti- 
cle to  be  inserted  in  the  constitution,  and  I  don't  think  it 
needs  any  lengthy  debate.  I  believe  the  members  of  this 
convention  have  their  minds  made  up  on  this  matter,  and 
would  like  to  see  the  clause  inserted  in  our  constitution. 

Mr.  BTJRRITT.  I  was  about  to  make  a  motion  to  amend 
the  proposition  so  that  it  will  read  that  the  legislature  shall 
provide,  not  that  it  shall  provide  at  the  first  session.  This 
might  not  be  provided  for  or  disposed  of  at  the  first  session, 
and  the  succeeding  legislatures  might  claim  that  it  was  not 
their  duty  to  proAide  for  this,  but  that  it  was  the  duty  of  the 
first  legislature. 

Mr.  FOX.  I  don-t  know  about  that.  I  don't  think  any  per- 
son should  vote  until  he  has  registered,  and  I  think  this  should 
be  provided  for  by  the  first  legislature. 

Mr.  POTTER.'  I  desire  to  add  to  this  sectio  of  Mr.  Fox's 
that  "it  shall  not  apply  to  the  first  election  under  this  consti- 
tution." 

Mr.  TESCHEMACHER.  The  reason  the  committee  did 
'not  put  in  this  section  in  the  first  place  was  they  supposed 
that  the  other  sections  would  necessarily  imply  that  the  leg- 
islature should  and  would  pass  a  registration  law,  and  I  don't 
think  it  is  wise  to  say  that  the  first  legislature  shall  pass  such 
a  law,  for  if  they  did  not  the  other  legislatures  might  claim 
that  it  was  not  their  duty  toi  do  it,  and  it  is  better  to  leave  it 
open,  and  we  can  go  ahead  and  hold  our  elections  as  usual  un- 
til we  do  get  such  a  law,  and  we  can  keep  at  it  until  we  do  get 
it. 

Mr.  BURRITT.    I  move  to  strike  out  the  word  "first." 
Mr.  TESCHEMACHER.    Second  the  motion. 

Mr.  CHAIRMAN.  The  question  is  on  the  motion  of  the 
gentleman  from  Johnson,  Mr.  Burritt,  to  strike  out  the  words 
"at  the  first  session  thereof."  Are  you  ready  for  the  question  ? 

Mr.  MORGAN.    I  believe  that  'if  the  first  legislature  does 
its  word  properly  it  will  and  should  pass  a  registration  law; 
it  is  one  of  the  most  important  matters  they  will  have  to  at- 
tend to,  and  it  ought  to  be  done  at  the  very  first  session.    I 
'don't  see  -any  possible  objection  to  it  on  the  ground  that  it 


PROCEEDINGS  AND  DEBATES. 


399 


Alight  prevent  an  election.  I  don't  think  it  could  possibly  do 
that.  I  think  that  the  first  legislature  ought  to  pass  this'reg- 
istration  law;  it  would  do  more  to  purify  our  elections  than 
:  any  thing  else. 

Mr.  TESCHEMACHER  The  gentleman  evidently  cannot 
understand  my  brogue.  I  don't  know  that  I  gave  that  as  a 
reason  why  they  should  not  do  it.  I  said  if  the  first  legislature 
Tefused  to  pass  that  law  then  the  other  legislatures  could  claim 
that  the  first  was  the  only  session  which  had  the  right  under 
"the  constitution  to  pass  such  a  law. 

Mr.  MORGAN.    I  did  not  so  understand  it. 

Mr.  CAMPBELL.  I  am  thoroughly  in  favor  of  a  registra- 
tion law  and  a  good  one,  and  I  don't  rise  to  make  any  amend- 
ment, but  merely  want  to  call  attention  to  the  language  of 
that  section.  I  don't  think  we  want  to  pass  a  law  which  will 
prevent  persons  from  voting  who  have  the  right  to  vote,  simply 
because  they  are  not  registered.  In  Pennsylvania  they 
"have  a  very  good  registration  law,  and  it  provides  if  for  any 
good  and  sufficient  reason  any  persons  have  failed  to  register 
they  can  vote  by  making  affidavit  at  the  polls  on  election 
day,  certified  to  by  one  or  two  reliable  witnesses.  Now  I  am 
afraid  under  this  amendment  it  would  prohibit  every  person 
from  voting  except  those  fortunate  enough  to  be  registered. 
Persons  may  leave  the  territory,  may  be  miles  and  miles  from 
the  registration  place,  so  that  it  is  impossible  for  them  to  reg- 
ister, and  I  think  those  persons  should  be  given  an  opportunity 
to  vote,  if  they  can  prove  that  it  was  impossible  for  them  to 
register. 

Mr.  GRANT.  How  would  it  do  to  say  "on  the  day  of  elec- 
tion, or  even  the  morning  of  election  day." 

Mr.  CAMPBELL.  I  would  answer  that  I  don't  think  that 
-a  registration  law  is  any  account  unless  you  compel  them  to 
register  several  days  before  election. 

Mr.  FOX.  My  idea  in  presenting  this  was  to  compel  the 
legislature  to  adopt  such  a  law  at  their  first  session,  and  if  in 
the  opinion  of  the  learned  gentlemen  here,  if  it  was  not  done 
at  that  session  it  could  not  be  done  at  any  other  session,  I  am 
willing  that  that  part  be  stricken  out  of  that  resolution,  and 
say  that  the  legislature  shall  pass  this  law,  so  that  if  not  pass- 
ed at  the  first  it  may  be  done  at  the  others,  but  at  the  same 
time  the  resolution  states  that  no  person  shall  vote  until  they 
"have  registered,  and  that  it  shall  be  the  duty  of  the  legislature 
under  the  laws  of  the  state  to  enact  such  laws  as  will  carry 
these  provisions  into  effect,  so  it  seems  to  me  that  it  will  nec- 
essarily be  among  the  first  things  they  do.  However,  I  am  wil- 
ling to  amend  the  resolution. 


400  CONSTITUTIONAL  CONVENTION 

Mr.  CHAIRMAN.  The  question  is  on  the  original  motion 
to  strike  out  the  words  relating  to  the  first  session  of  the  leg- 
islature. Are  you  ready  for  the  question? 

Mr.  MOROAN.  I  most  seriously  object  to  that  being 
stricken  out.  I  think  that  is  Ilie  greatest  thing  they  can  do 
for  this  territory,  and  my  experience  is  if  the  first  legislature 
don't  do  it,  we  won't  get  any  registration  law  at  all. 

Mr.  BROWN.  I  simply  wish  to  say  this.  If  you  confine 
your  language  to  the  first  session  of  the  legislature,  you  are 
limiting  their  power.  When  you  say  the  legislature  shall 
carry  this  into  effect,  it  not  only  imples  that  the  first  may 
pass  such  laws,  but  that  every  other  legislature  has  the  power, 
using  the  word  first,  pins  it  down  to  the  first  session,  and  the 
first  session,  only,  just  as  much  as  if  you  used  the  words  "the 
first,  legislature  only  shall  pass  such  laws." 

Mr.  CHAIRMAN.  Are  you  ready  for  the  question?  All  in 
favor  of  the  amendment  to  sarike  out  the  words  will  say  aye; 
contrary  no.  The  ayes  have  it;  the  motion  is  earned,  and  the 
amendment  is  adopted.  The  question  now  recurs  on  the  res- 
olution as  amended.  Are  you  ready  for  the  question?  All  in 
favor  of  the  resolution  as  amended  will  say  aye;  contrary  no. 
The  ayes  have  it;  the  motion  is  carried.  This  will  stand  as 
Sec.  12,  and  the  latter  part,  providing  that  the  legislature  shall 
provide  for  the  carrying  out  of  the  foregoing  provision  shall 
be  Sec.  13,  as  it  now  stands.  If  a  suggestion  from  the  chair 
is  permitted,  the  chair  would  suggest  that  it  would  be  better 
to  have  this  all  stand  as  one  'section,  and  if  there  is  no  ob- 
jection it  will  be  so  ordered. 

Mr.  POTTER.  I  certainly  think  there  would  not  be  a  sin- 
gle voter  qualified  to  vote  for  state  officials  under  that  section, 
unless  we  add  "'this  section  shall  not  apply  to  the  first  election 
held  under  this  constitution."  You  will  find  that  in  all  the  con- 
stitutions cf  the  riewr  states. 

Mr.  TESCHEMACHEB.  Won't  the  schedule  provide  for 
that?  The  article  that  the  first  election  shall  be  carried  out 
under  the  territorial  election  law.  That  appears  in  nearly  all 
of  the  schedules  of  the  other  states. 

Mr.  SMITH.  While  I  think  that  the  provision  in  the 
schedule  would  cover  all  that  is  necessary,  yet  in  order  to  ob- 
viate  any  doubt,  I  move  that  there  be  added  to  this  section 
the  words  "this  section  shall  not  apply  to  the  first  election  held 
under  this  constitution." 

Mr.  POTTER.     Second  the  motion. 

Mr.  CHAIRMAN.  Gentlemen  you  have  heard  the  motion. 
Are  you  ready  for  the  question?  All  in  favor  of  the  motion  will 
sav  aye;  contrary  no.  The  ayes  have  it;  the  motion  is  car- 
ried. 


I'UUCEEDINGS  AND  DEBATES.  4Ol 

Mr.  TESCHEMACHER.  I  move  when  this  committee  ris«- 
they  report  back  to  the  convention  that  the  report  of  Commit- 
!<•<>  Xo.  5,  on  elections  and  suffrage,  be  recommended  for  adop- 
tion as  a  part  of  this  constitution. 

Mr.  CHAIRMAN.  You  hove  heard  the  motion,  that  when 
this  committee  rise  they  report  back  to  the  convention  this 
file  on  suffrage  with  the  recommendation  that  it  do  pass.  Ar<i 
you  ready  for  the  question  ?  All  in  favor  of  the  motion  will  say 
aye;  contrary  no.  The  ayes  have  it;  the  motion  prevails. 

The  next  file  for  your  consideration  is  the  report  of  Com- 
mittee No.  10,  on  live  stock.    The  secretary  will  read. 
(Reading-  of  the  file.) 

Mr.  RINER.  I  move  when  this  committee  rise  they  report 
back  this  file  with  the  recommendation  that  it  do  pass  as  an 
article  of  this  constitution. 

Mr.  HAY.    Second  the  motion. 

Mr.  CHAIRMAN.  Gentlemen,  you  have. hard  the  motion 
that  when  this  committee  rise  they  report  back  this  file  with 
the  recommendation  that  it  do  pass  as  a  part  of  this  consti- 
tution. 

Are  you  ready  for  the  question?  All  in  favor  of  the  motion 
will  say  aye;  contrary  no.  The  ayes  have  it;  the  motion  pre- 
vails. 

The  next  thing  on  the  file  is  File  No.  70,  substitute  for  Files 
17  and  40. 

Mr.  POTTER,  I  move  to  insert  after  the  words  "the  army 
of  the  United  States''  "and  the  militia  of  this  state." 

Mr.  PALMER.  Is  that  not  one  of  the  legally  constituted 
agencies  of  the  government  of  the  state? 

Mr.  CHAIRMAN.  Gentlemen,  the  question  is  on  the 
amendment  to  include  the  words  "and  the  militia  of  this  state." 
Are  you  ready  for  the  question  ? 

Mr.  BROWN.  I  would  like  to  ask  the  gentleman  in  what 
part  of  the  section  he  proposes  to  insert  his  amendment. 

Mr.  POTTER.  After  the  words  "of  the  United  States"  in 
the  fifth  line. 

Mr.  BROWN.  It  seems  to  me  that  the  "legally  constituted 
agencies  of  the  government  of  the  state"  would  include  the  nii- 
iltia.  It  sems  to  me  that  it  would  include  that. 

Mr.  CH A IRMAN.  The  question  is  on  the  amendment.  All 
in  favor  of  the  amendment  of  the  gentleman  from  LaramuN 
Mr.  Potter,  will  say  aye;  contrary  no.  The  chair  is  in  doubt 
All  in  favor  of  the  amendment  will  rise  and  stand  until  count- 
ed—8.  Those  opposed  will  rise  and  stand— 19.  The  motion  is 
lost. 

Mr.  BROWN.    I  have  an  amendment  to  offer.    To  strike  out 
all  portions  of  the  sections  down  to  and  including  the  word 
"property"  in  the  third  line. 
26  — 


402 


CONSTITUTIONAL  CONVENTION. 


Mr.  JEFFREY.    Second  the  motion. 

Mr.  BROWN.  The  section  will  then  stand:  "The  proper 
protection  of  life,  liberty  and  property  shall  be  confined,  etc." 
I  wish  to  say  in  offering  this  amendment  that  I  think  it  is  a 
man's  first  duty  to  protect  himself.  I  take  it  that  there  is 
nothing  in  the  other  part  of  the  section  which  will  prevent 
any  man  protecting  his  life  or  his  property  when  it  is  attacked. 
If  it  can  be  so  construed  as  taking  away  the  natural  right  of 
any  person  to  protect  themselves  or  their  property  it  has  no 
place  in  this  constitution.  The  first  part  of  this  section  says 
that  no  person  shall  use,  employ  or  invoke  the  service  of  any 
armed  body  of  men  as  a  police  force  or  to  guard  and  protect 
property."  Now  suppose  I  am  out  on  the  range  all  alone,  and 
my  ranch  or  property  is  attacked  by  a  body  of  armed  men; 
I  must  wait  until  I  can  go  to  the  proper  authorities  before  I 
can  hire  any  man  or  employ  any  man  to  help  me  defend  my 
property.  Shall  it  be  burned  up  or  destroyed  before  the  right 
of  self  defense  of  one's  natural  rights,  one's  own  property,  can 
be  availed  of?  Such  a  proposition  to  me  is  simply  monstrous. 
I  don't  care  how  many  constitutions  are  adopted,  or  laws  pass- 
ed that  I  cannot  fight  a  man  who  shall  attack  my  property  or 
person,  I  would  defend  as  best  I  could,  and  get  anybody  else, 
armed  or  otherwise,  to  help  me  defend  my  property,  that  I 
could  get  to  do  it.  If  we  can  have  a  proposition  presented  here 
to  cover  what  this  was  intended  to  cover  in  the  first  place,  I 
am  in  favor  of  it.  I  don't  believe  in  bringing  into  our  state  an 
armed  force  from  another  state  to  put  down  insurrection,  or 
anything  else  in  the  way  of  disturbances,  as  long  as  we  our- 
selves can  protect  ourselves.  When  we  cannot  protect  our- 
selves then  we  should  appeal  to  the  army  of  the  United  States. 

Mr.  MORGAN".  I  think  I  understand  that  this  is  in- 
tended to  prevent  the  bringing  in  of  Pinkerton  detectives  as  an 
armed  force,  one  of  the  greatest  outrages  ever  perpetrated  up- 
on any  people. 

(Voice  in  the  gallery:  "That's  right,") 

Mr.  REED.    I  insist  upon  order  being  preserved. 

Mr.  CHAIRMAN.  Gentlemen  in  the  gallery  will  please 
maintain  order. 

Mr.  MORGAN.  That  is  what  this  section  is  intended  to 
prevent;  that  is  that  armed  men  shall  be  brought  in  from  the 
slums  of  Chicago,  and  that  they  shall  be  clothed  with  author- 
ity of  law  to  exercise  the  duties  of  United  States  deputy  mar- 
shals. I  should  like  to  have  this  made  even  stronger,  so  that 
these  outrages  can  be  prevented  by  constitutional  enactment. 

Mr.  SUTHERLAND.  I  would  like  to  have  a  word  to  say 
on  behalf  of  that  committee.  I  don't  know  that  the  law  as  we 
have  reported  and  which  we  wish  to  pass,  would  cover  what 
we  really  want.  The  drive  is  made  at  the  Pinkerton  men,  who 


PROCEEDINGS  AND  DEBATES.  403 

as  we  all  know  came  into  the  territory  a  few  years  ago  to  sup- 
press a  strike.  They  stood  around  day  after  day  not  trying  to 
put  down  an  insurrection,  but  trying  to  start  one.  I  heard 
them  in  Laramie  stand  there  with  their  Winchester  rifles, 
which  they  never  dared  to  use,  and!  I  heard  one  of  them  say: 
"I  just  wish  they  would  start  up  something,  I  would  like  to 
turn  loose  on  them."  Some  of  these  men  were  convicts  who 
liad  been  pardoned  not  ten  days  from  the  Lincoln  penitentiary 
in  Nebraska ;  that  was  the  kind  of  men  that  were  sent  here ;  we 
stood  it,  we  had  to,  and  I  want  to  see  a  law  passed  that  will 
stop  it.  I  myself  will  defend  railroad  property  or  any  other 
property,  as  I  would  defend  that  flag,  as  I  did  defeiid  that 
flag  at  Fort  Sumpter.  I  don't  wish  to  see  this  passed  over.  We 
called  for  it  in  the  legislature,  but  the  bill  was  pocketed  and 
pigeoned  holed  until  it  was  almost  smothered  and  murdered 
I  might  say,  and  I  would  like  to  see  those  that  are  in  favor  of 
it,  if  they  think  this  does  not  cover  the  ground,  offer  some- 
thing in  place  of  it. 

Mr.  KINEK.     I  understand  very  well  the  purpose  of  this 
proposed  section.    The  purpose  is  as  stated  by  the  gentleman 
from  Albany,  who  was  last  upon  the  floor,  Mr.  Sutherland. 
I  have  no  objection  whatever  to  the  proposition,  if  the  purpose 
is  as  I  understand  it,  to  reach  a  foreign  element  coming  into 
this,  territory  for  the  purpose  of  suppressing  an  insurrection, 
"but -with  Judge  Brown's  amendment,  the  question  is  not  reach- 
ed at  all.    I  doubt  if  this  section  reaches  it  at  all,  and  I  want 
to  say  here  in  this  connection,  that  I  will  not  oppose  it  at  all 
if  persons  are  put  upon  the  same  basis  as  corporations  in  re- 
gard to  this  matter.    If  a  corporation  has  not  the  power,  then 
no  person  should  have  the  power,  but  if  the  object  is  to  reach 
that  element  then  the  first  two  lines  of  the  section  reaches 
the  point.    "Nor  shall  any  corporation,  association  of  persons 
•or  person  use,  employ  or  invoke  the  services  of  any  armed  body 
of  men  as  a,  police  or  to  guard  and  protect  property."    My  own 
view  is  that  the  report  of  the  committee  does  not  reach  the 
-question  desired,  and  this  whole  matter  should  be  referred 
back  to  the  committee  to  prepare  something  that  does^  reach 
the  purpose.     So  far  as  getting  at  the  Pinkerton  men  is  con- 
cerned, I  have  no  objection  to  that  whatever;  all  I  ask  is  that 
<every  individual  be  put  upon  the  same  basis  as  a  corporation, 
and  that  all  be  put  upon  the  same  level.    It  is  simply  a  ques- 
tion of  the  protection  of  property,  there  is  no  other  question  in- 
volved.   So  far  as  the  suggestion  made  by  Mr.  Morgan  is  con- 
cerned, that  these  Pinkerton  men  came  here  from  the  slums  of 
Chicago,  that  has  nothing  to  do  with  the  case,  when  they  were 
deputized   as  IT.   S.  deputy  marshals  they  were  acting  under 
lawful  authority,  and  tiadV  right  to  act,  and  there  should  be 


404  CONSTITUTIONAL  CONVENTION. 

no  criticism  upon  the  marshal  of  this  territory  for  his  action 
in  the  matter  that  took  place  here.  There  is  no  use  to  recall 
it  and  attempt  to  stir  up  bad  blood  over  a  matter  which  is  set- 
tled and  gone.  If  it  is  thought  proper  to  put  in  a  provision  in 
this  constitution  to  keep  that  element  out  of  the  state,  when 
it  comes  in  as  a  state,  I  am  in  favor  of  it,  and  only  ask  that 
corporations  and  individuals  be  put  upon  exactly  the  same 
basis.  My  judgment  is  that  this  section  as  it  now  stands  does 
not  reach  that  question  at  all,  and  I  think  that  the  amendment 
instead  of  making-  it  better  makes  it  worse;  by  striking  all  that 
out  it  won't  reach  the  point  desired  by  the  committee  at  all, 
the  purpose  which  I  have  understood  all  the  time  to  be  exactly 
to  keep  out  a  foreign  element  from  coming  in  here  and  sup- 
pressing an  insurrection.  If  that  be  the  case,  the  section  does 
not  reach  the  question  at  all. 

Mr.  MORGAN.  I  rise  for  explanation.  I  think  it  is  rather 
a  strange  construction  of  language  that  a  gentleman  cannot 
oppose  a  principle  without  being  charged  with  reflecting  upon 
some  one  person.  It  was  farthest  from  my  thoughts  to  cast 
reflections  upon  the  marshal.  He  is  niy  friend;  I  wrote  a  let- 
ter commending  him.  I  was  acting  governor  at  the  time.  I 
simply  wTas  opposing  the  Pinkerton  men,  and  I  was  not  reflect- 
ing upon  any  one.  Nothing  wras  farther  from  my  thoughts 
than  any  thought  of  reflecting  upon  the  marshal.  Don't  let 
us  misconstrue  each  other,  gentlemen,  when  I  want  to  reflect 
upon  any  man  I  stand  prepared  to  do  it  straight  out. 

Mr.  SUTHERLAND.  I  would  like  to  give  one  little  expla- 
nation. I  don't  wish  to  be  misunderstood  at  all.  I  want 
simply  to  see  a  law  passed  that  will  keep  out  a  foreign  body 
of  armed  men,  and  not  give  them  the  pleasure  of  sticking  on 
a  badge,  laying  around  the  saloons  at  my  little  voting  place, 
spoiling  for  a  fight,  made  deputy  marshals  to  guard  Dale  creek 
bridge  as  a  dodge. 

I  believe  all  citizens  should  have  rights,  corporations  should 
have  rights,  but  not  like  a  jug  handle,  all  on  one  side.  I  will 
go  as  far  as  Mr.  Riner  will  in  defending  any  man  or  any  cor- 
poration from  any  unruly  element  which  washes  to  destroy  it, 
and  if  this  bill  does  not  meet  with  the  wants  of  the  people  I 
should  like  to  have  some  of  the  able  lawyers  in  this  convention 
revise  it,  so  it  will,  and  let  us  get  it  upon  the  statutes. 

Mr.  HARVEY.  This  does  not  seem  to  cover  it,  and  I  move 
that  wre  report  it  back  to  the  committee. 

Mr.  RINER.    Second  the  motion. 

Mr.  CHAIRMAN.  The  question  is  upon  referring  this  file 
back  to  the  committee.  All  in  favor  of  the  motion  to  refer 
will  say  aye;  contrary  no.  The  ayes  have  it;  the  file  is  so  re- 
ferred. 


PROCEEDINGS  AND  DEBATES. 


405 


Mr.  CHAIRMAN.     The  next  file  to  be  considered  is  File 
No.  (U>,  by  Mr.  Reed,  concerning  Chinese  labor.    The  secretary 
will  read. 

(Reading  of  the  file.) 

Mr.  CAMPBELL.  I  move  to  amend  the  second  section  by 
striking  out  the  word  "suitable"  and  inserting  the  word 
"proper." 

Mr.  CHAIRMAN.     It  is  moved  to   strike  out  the  word 
suitable  and  insert  the  word  proper.     Are  you  ready  for  the 
Question? 

Mr.  HAY.  Before  I  vote  I  would  like  to  know  the  mean- 
ing of  the  words  "public  works."  I  would  like  to  know  wheth- 
er that  refers  to  the  territorial  and  county  works,  or  whether 
in  refers  to  any  public  corporation,  such  as  a  railroad  or  a  coal 
-company. 

Mr.  FOX.  I  should  like  to  be  informed  too.  Suppose  the 
government  of  the  United  States  should  undertake  to  build  a 
reservoir  out  here  on  the  Laramie  plains,  at  a  cost  of  two 
million  dollars,  would  this  law  govern  the  action  of  the  United 
States?  Can  we  legislate  for  the  United  States  in  this  consti- 
tution? 

Mr.  SMITH.    You  can't  interfere  with  Uncle  Sam. 

Mr.  REED.  The  United  States  has  already  legislated  upon 
the  subject  for  themselves. 

Mr.  RINER.  There  is  one  suggestion  I  would  like  to  make. 
I  aan  in  favor  of  this,  but  I  can't  see  foil  the  life  of  me  why  a 
law  of  this  kind  should  apply  to  a  Chinaman  and  not  to  a  Fin- 
lander.  From  my  personal  knowledge  the  Chinaman  is  the 
more  intelligent  of  the  two.  I  think  the  section  should  be 
made  broad  enough  to  include  them  all.  Perhaps,  as  suggest- 
ed by  Mr.  Potter,  the  Chinaman  can't  vote  and  the  Finlander 
can.  But  that  does  not  make  it  just  and  right. 

Mr.  REED.  I  have  a  substitute  to  offer  for  that  as  fol- 
lows : 

"No  person  not  a  citizen  of  the  United  States  or  who  has  not 
declared  his  intention  to  become  such,  shall  be  employed  upon, 
or  in  connection  with,  any  state,  county  or  municipal  Avorks 
or  employment." 

"Sec.  2.  The  legislature  shall,  by  appropriate  legislation 
•see  that  the  provisions  of  the  foregoing  section  are  enforced." 

Mr.  FOX.  I  have  an  amendment  to  offer  to  that,  strike  out 
the  words  "state,  county  or  municipal"  and  insert  "public." 
Public  works  will  cover  it  all,  and  there  is  no  getting  around 
it. 

Mr.  POTTER.  There  is  one  objection  to  this.  It  might  pre- 
vent the  working  of  convicts  by  the  state. 


406  CONSTITUTIONAL  CONVENTION. 

Mr.  CHAIRMAN.     The  question  is  on  the  amendment  to- 
the  amendment.    Are  you  ready  for  the  question? 

Mr.  CAMPBELL.  I  fully  agree  with  the  object  to  be  reach- 
ed by  the  proposed  bill,  and  the  amendment,  but  I  think  this 
goes  too  far,  and  I  don't  think  the  gentleman  who  introduced 
it,  or  the  committee  who  proposed  this  would  ask  that  this 
substitute  be  adopted  if  they  could  see  the  extent  to  which  it 
are  to  determine  whether  they  are  citizens  of  the  U.  S. 
public  works.  This  would  be  a  fine  roost  for  all  the  tramps 
in  the  country,  they  could  come  to  Cheyenne,  become  vagrants, 
and  you  could  not  work  them  upon  the  streets,,  because  how 
are  you  to  determine  whether  they  are  citizens  of  the  U.  S- 
Tramps  are  pretty  sharp  fellows  as  a  rule,  and  don't  want  to 
work;  they  are  put  in  the  lock-up  over  night  and  tried  and  giv- 
en ten  days  and  costs;  they  are  put  upon  the  streets  to  work 
out  the  costs.  Suppose  they  say  I  am  not  a  citizen  of  the  Unit- 
ed States,  this  is  unconstitutional,  you  cannot  put  me  to  work. 
What  are  you  going  to  do  about  it? 

Mr.  REED.  In  regards  to  the  objection  offered  by  my  learn- 
ed colleague,  Mr.  Campbell,  I  will  state  that  section  is  in  the 
constitution  of  the  state  of  Idaho.  Some  of  these  gentlemen 
around  me  say  that  this  will  be  a  hardship  to  the  foreign  cit- 
izen and  all  that.  I  would  think  if  a  man  comes  to  this  ter- 
ritory and  wants  to  become  one  of  us,  to  become  a  resident  of 
the  territory  or  state,  and  it  is  too  much  of  a  hardship  for  him 
to  assume  the  duties  of  citizenship,  the  sooner  that  class  of 
men  leave  the  better  for  them  and  for  everybody  else,  in  the 
community.  I  am  in  favor  of  this  substitute,  and  presented  the 
original  file  on  this  question  to  this  convention. 

Mr.  POTTER.  I  am  very  much  more  in  favor  of  the  origi- 
nal report  of  the  committee.  I  think  we  are  getting  into 
trouble.  The  question  has  been  raised  by  one  of  the  gentlemen 
near  me  with  reference  to  working  out  a  road  tax.  Under  the 
laws  in  reference  to  this  matter,  a  man  has  the  right  to  either 
pay  his  money  or  work  out  his  tax  on  the  road,  as  he  pleases; 
Now  suppose  a  person  was  not  a  citizen  and  did  not  want  to 
pay  his  money  for  his  road  tax,  he  might  not  be  permitted  to 
work  it  out  on  the  public  road  under  this.  That  might  be  the 
case.  Again,  the  state  has  to  work  its  convicts  in  some  man- 
ner. I  think  that  might  be  injured  by  this  substitute.  It  seems 
labor  element,  and  I  think  we  will  only  get  into  trouble  if  we 
to  me  that  we  had  better  confine  ourselves  to  the  original  ob- 
ject of  this  bill,  which  was  introduced  to  strike  at  this  Chinese 
attempt  to  fool  with  this  matter  much  longer. 

Mr.  CHAIRMAN.  Any  further  remarks?  The  question  is 
on  the  amendment  offered  by  Mr.  Fox.  All  in  favor  of  the  mo- 


PROCEEDINGS  AND  DEBATES. 


407 


tion  will  so  signify  by  saying  aye;  contrary  no.  The  noes  have 
it;  the  motion  is  lost.  The  question  is  now  on  the  substitute 
offered  by  Mr.  Keed.  Are  you  ready  for  the  question  ? 

Mr.  SMITH.  I  move  to  amend  by  adding  "except  as  a  pun- 
ishment for  crime  after  conviction  according  to  law." 

Mr.  CHAPLIN.    Second  the  motion. 

Mr.  CHAIRMAN.  The  question  is  on  the  amendment  offer- 
ed by  Mr.  Smith.  Are  you  ready  for  the  question?  All  in  favor 
of  the  motion  will  say  aye;  contrary  no.  The  ayes  have  it;  the 
amendment  is  carried.  The  question  is  now  on  the  substitute 
as  amended.  All  in  favor  of  the  motion  will  say  aye;  contrary 
no.  The  chair  is  in  doubt.  All  in  favor  of  the  amendment  will 
rise  and  stand — 22.  Those  opposed  will  rise — 11.  The  ayes 
have  it ;  the  substitute  is  adopted. 

Mr.  REED.    I  move  this  committee  now  rise  and  report. 

Mr.  CHAIRMAN.  Gentlemen,  you  have  heard  the  motion. 
Are  you  ready  for  the  question  ?  All  in  favor  of  the  motion  will 
say  aye;  contrary  no.  The  ayes  have  it;  the  committee  will 
now  arise. 

Mr.  PRESIDENT.  The  convention  will  come  to  order. 
What  is  your  pleasure,  gentlemen  ? 

(Reading  of  report  of  committee  of  the  whole.) 

Mr.  PRESIDENT.  Gentlemen,  will  take  the  vote  on  the 
adoption  of  the  entire  report,  or  will  you  divide  the  same? 
Unless  otherwise  .ordered  the  vote  will  be  upon  the  adoption 
of  the  report  of  the  committee  of  the  whole  as  toi  File  68,  on 
suffrage  in  regard  to  the  adoption  of  the  amendments,  and  if 
they  shall  be  incorporated  in  the  constitution.  Are  you  ready 
for  the  question  in  so  much  as  to  the  adoption  of  so  much  of 
the  report? 

Mr.  RINER.  I  move  the  report  of  the  committee  of  the 
whole,  as  a  whole,  be  adopted.  I  think  we  have  all  discussed 
these  matters  fully  and  are  ready  to  vote  upon  it  as  a  whole. 

Mr.  PRESIDENT.  The  question  is  on  the  adoption  of  the 
report  of  the  committee  of  the  whole  in  entirety.  Are  you 
ready  for  the  question?  All  in  favor  of  the  motion  will  say 
aye;  contrary  no.  The  ayes  have  it;  the  report  of  the  commit- 
tee of  the  whole  stands  adopted. 

Mr.  POTTER.  I  move  these  matters  be  now  referred  to  the 
committee  on  engrossment  before  final  reading. 

Mr.  PRESIDENT.  The  question  is  on  the  motion  to  en- 
gross. Are  you  ready  for  the  question?  As  many  as  are  of  the 
opinion  that  the  motion  prevail  will  say  aye;  contrary  no.  The 
ayes  have  it;  the  motion  prevails.  All  these  matters  reported 
back  by  the  committee  of  the  whole  will  now  be  referred  to 
the  committee  on  engrossment. 


408  CONSTITUTIONAL  CONVENTION. 

Mr.  TESCEMACHER,  I  move  that  the  president  of  this 
convention  be  requested  to  ask  Senator  Stewart  to  address  this 
(•(-mention  at  7:30  o'clock  this  evening-  if  it  suits  his  conven- 
ience. 

Mr.  PRESIDENT.  I  will  state  that  Senator  Stewart  has 
expressed  a  preference  for  the  hour  named  by  the  gentleman 
from  Laramie,  to  address  this  convention. 

Mr.  CAMPBELL.  I  would  amend  the  motion  by  adding 
that  the  president  of  this  convention  be  requested  to  escort 
Senator  Stewart  to  the  hall  this  evening. 

Mr.  PRESIDENT.  The  question  is  on  the  adoption  of  the 
motion  as  amended.  All  who  are  of  the  opinion  that  the  mo- 
tion prevail  will  say  aye;  contrary  no.  The  ayes  have  it;  the 
motion  prevails. 

Mr.  JOHNSTON.  I  have  arranged  for  the  lighting  of  the 
hall  tonight  and  subsequent  nights  this  week,  and  ask  the 
discharge  of  the  committee. 

Mr.  CHAIRMAN.  Is  there  objection  to  the  committee  on 
lights  for  the  present  week  being  discharged?  If  not,  by  unani- 
mous consent,  the  committee  is  discharged. 

Mr.  PRESTON.  I  move  we  take  a  recess  until  half  past 
seven  o'clock  this  evening. 

Mr.  FOX.  I  move  to  amend  that  we  take  a  recess  until  a 
quarter  to  two  this  afternoon. 

Mr.  PRESIDENT.  I  don't  know  as  a  motion  to  take  a  re- 
cess is  amendable,  so  the  question  will  come  first  on  the  mo- 
tion to  take  a  recess  until  7:30  this  evening.  If  passed  in  the 
affimative  that  will  settle  the  question.  I  really  think  that 
this  convention  ought  to  go  on  with  its  work  at  least  until  4 
o'clock  every  day,  we  have  almost  finished  the  third  week  of 
our  session  and  there  is  still  a  vast  amount  of  work  to  be  done. 
We  are  all  anxious  to  go  home,  and  there  are  two  members 
present  this  week  who  will  have  to  go  home  on  Saturday,  and 
others  may  go  and  we  will  soon  be  left  without  a  quorum.  The 
question  is  on  the  motion  to  take  a  recess  until  7 :30  this  even- 
ing. Are  you  ready  for  the  question?  All  in  favor  of  the  mo- 
tion will  say  aye ;  contrary  no.  The  noes  have  it ;  the  motion  is 
lost.  The  question  is  now  on  the  motion  to  take  a  recess  until 
a  quarter  to  two  o'clock  this  afternoon.  All  in  favor  of  the  mo- 
tion will  say  aye;  contrary  no.  The  ayes  have  it;  the  motion 
prevails.  The  convention  will  take  a  recess  until  a  quarter  of 
two  o'clock  this  afternoon. 


AFTERNOON  SESSION. 

Wednesday  afternoon,  Sept.  18th. 
Mr.  PRESIDENT.  Convention  come  to  order. 


PROCEEDINGS  AND  DEBATES.  409 

Mr.  CAM  I >I  JELL.    Inasmuch  as  there  are  not  many  here, 
as  I  don't  smoke  myself,  I  move  that  rule  four  be  suspend- 
ed for  the  afternoon. 

Mr.  PRESIDENT.  It  is  moved  that  rule  four  be  suspended 
for  the  afternoon.  All  in  favor  of  the  motion  will  say  aye; 
contrary  no.  The  ayes  have  it;  rule  four  is  suspended  for  the 
afternoon. 

Mr.  "MORGAN.    I  now  move  that  we  go  into  committee  of 
the  whole  for  consideration  of  the  general  file. 

Mr.  PRESIDENT.  It  is  moved  that  we  now  go  into  com- 
mittee of  the  whole  for  consideration  of  the  general  file.  All 
in  favor  of  the  motion  will  say  aye;  contrary  no.  The  ayes 
Tiave  it;  the  motion  to  go  into  committee  of  the  whole  pre- 
vails. The  chair  will  call  to  the  chair  Mr.  Holden  of  Uinta. 
Gentlemen  we  are  now  in  committee  of  the  whole,  Mr.  Hol- 
den in  the  chair. 

Mr.  CHAIRMAN.  The  first  thing  for  your  consideration, 
gentlemen,  is  File  No.  GG. 

Mr.  HARVEY.  Was  that  not  referred  back  to  the  com- 
mittee? As  I  remember  it,  it  was  so  referred. 

Mr.  BURRITT.  The  amendment  of  Mr.  Campbell  was  pend- 
ing on  File  GG  at  the  time  the  committee  arose. 

Mr.  BROWN.  I  think  when  the  committee  arose  it  re- 
ported back  this  file  No.  66  to  the  committee  to  put  it  into 
shape,  but  as  there  seems  to  be  some  doubt  about  it,  and  as 
it  would  take  a  good  deal  of  time  to  take  up  these  various 
items  in  committee  of  the  whole,  I  move  that  it  be  referred 
back  to  the  committee,  if  it  has  not  already  been  so  referred. 

Mr.  BURRITT.    Second  the  motion. 

Mr.  CHAIRMAN.  Gentlemen,  you  have  heard  the  motion 
that  File  66  be  referred  back  to  the  committee.  Are  you 
ready  for  the  question?  All  in  favor  of  the  motion  will  say  aye; 
contrary  no.  The  ayes  have  it;  the  motion  prevails,  and  the 
file  is  so  referred. 

The  next  file  is  File  No.  76,  reported  by  Committee  No.  2, 
majority  report.  The  secretary  will  read  Sec.  1. 

(Reading  of  Sec.  1.) 

Mr.  JONES.    I  move  Sec.  1  be  adopted. 

Mr.  CHAIRMAN.  It  is  moved  that  Sec.  1  be  adopted.  Are 
you  ready  for  the  question?  All  in  favor  of  the  motion  will  say 
aye ;  contrary  no.  The  ayes  have  it ;  Sec.  1  stands  adopted. 

Mr.  MORGAN.  The  convention  will  notice  that  the  com- 
mittee have  adopted  the  name  legislature,  instead  of  legisla- 
tive assembly,  for  the  state  of  Wyoming. 

(Reading  of  Sec.  2.) 

Mr.  CHAIRMAN.  Is  there  any  objection  to  Sec.  2?  If  not 
Sec,  3  will  be  read. 


410  CONSTITUTIONAL  CONVENTION. 

(Reading  of  Sec.  3.) 

Mr.  CAMPBEL.  I  move  an  amendment  by  striking  out  aEv 
of  Sec.  3. 

Mr.  BROWN.  I  rise  to  make  a  suggestion,  which  may  meet 
with  the  approval  of  the  mover  of  the  last  question,  and  that 
is  that  we  pass  that  section  for  a  time,  and  go  through  with 
the  balance  of  the  file  over  which  there  will  be  no  discussion,, 
except  perhaps  a  few  details,  and  we  can  then  come  back  to* 
this  matter  and  settle  it  as  we  can. 

Mr.  CAMPBELL.  I  insist  upon  niy  motion;  I  believe  in« 
settling  these  things  as  we  go  along. 

Mr.  MORGAN.  As  chairman  of  the  committee  I  will  ex- 
plain the  number  of  members  of  the  legislature.  If  we  pass 
Sec.  3  we  might  as  well  fix  that  ,bef ore  we  go  any  further. 

Mr.  CHAIRMAN.  I  would  suggest  that  we  take  the  vote 
upon  the  amendment  as  to  whether  Sec.  3  be  stricken  out.  As 
I  understand  the  motion  of  the  gentleman  from  Laramie,  Mr. 
Campbell,  it  was  that  he  whole  of  Sec.  3  be  stricken  out.  Are 
you  ready  for  the  question? 

Mr.  MORGAN.  I  move  the  insertion  of  the  minority  re- 
port in  lieu  of  Sec.  3  of  the  majority  report. 

Mr.  CHAIRMAN.    The  chair  hears  no  second. 

Mr.  POTTER.    Second  the  motion. 

Mr.  CHAIRMAN.  Gentlemen,  you  have  freard  the  motion 
that  Sec.  3  of  the  majority  report  be  stricken  out  and  the  mi- 
nority report  inserted  in  lieu  thereof.  Are  you  ready  for  the 
question? 

Mr.  POTTER.  We  have  heard  a  great  deal  about  this  sen- 
ator question  in  the  last  few  days.  I  have  heard  it  stated  that 
this  question  has  already  been  arranged  and  provided  for,  and 
that  there  is  no  necessity  for  the  expression  of  any  opinion 
upon  it.  I  don't  believe,  however,  Mr.  Chairman,  that  any 
member  of  this  convention  really  on  his  conscience,  has  so 
full}'  determined  upon  a  line  of  conduct  with  reference  to  vot- 
ing upon  any  proposition  which  may  be  brought  here  to  be  in- 
corporated in  our  constitution,  and  has  so  fully  determined 
upon  that  line  of  action  that  he  would  not  permit  himself  to  be 
convinced  otherwise.  I  have  listened  very  attentively  today 
and  yesterday  to  the  remarks  which  have  been  made  by  vari- 
ous members  upon  this  floor  in  eulogy  of  the  territory  of  Wyo- 
ming, such  remarks  as  this.  That  it  will  present  to  the  people 
of  the  United  States  a  constitution  which  will  be  more  fair 
than  any  other  state  in  this  union,  and  will  show  the  desire  of 
the  people  of  this  territory  for  absolute  justice  and  equality  as 
toward  all  men  and  as  toward  all  people  within  her  bounda- 
ries, and  I  say  to  them  this  and  I  say  it  fearlessly,  that  the 
man,  gentleman,  who  on  his  conscience  has  not  learned  that 


PROCEEDINGS  AND  DEBATES. 


4ir 


every  man  in  a  Democratic  government,  or  a  Republican  gov- 
ernment has  the  same  right  to  representation  in  halls  of  legis- 
lation as  every  other  man,  has  yet  to  learn  that  the  very  foun- 
dation of  democratic  institutions,  and  that  individual,  Mr.. 
Chairman,  had  better  reside  under  a  monarchial  form  of  gov- 
ernment or  a  despotic  institution.  The  only  argument  I  have 
heard  advanced  in  favor  of  the  one  senator  from  each  county 
has  been  that  it  is  the  organization  of  the  senate  of  the  Unit- 
ed States,  and  I  say  that  no  man  who  lias  read  the  history  of 
this  government  that  has  not  learned  that  the  formation  of 
the  senate  of  the  United  States  has  always  been,  was  when  or- 
ganized and  is  now,  in  direct  conflict  with  democratic  institu- 
tions, and  there  is  not  a  writer  or  an  authority  who  has  writ- 
ten upon  the  subject,  who  has  not  expressed  that  idea,  from 
De  Tocqueville  down  to  the  present  day.  I  say  that  it  is  the 
only  argument  I  have  heard  advanced  in  favor  of  the  report 
furnished  us  by  a  majority  of  this  committee  on  legislative  de- 
partment. But  it  seems  to  me  when  they  present  that  argu- 
ment they  forget  that  the  relation  of  a  county  to  a  state,  or 
the  relation  of  a  municipality  to  a  state  is  not  the  same  as  the 
relation  of  a  state  to  this  government  of  the  United  States. 
What  is  a  county  what  is  a  state?  More  particularly  what 
what  is  a  county  in  its  relations  to  the  state.  Simply  a  medium 
by  which  a  state  conducts  its  business.  The  state  cannot  take 
up  all  the  various  details  of  government,  of  taxation,  of  the  as- 
sessment and  collection  of  taxes,  of  all  the  little  matters  that 
the  citizens  are  interested  in ;  this  power  must  be  delegated  to 
some  one,  so  the  state  delegates  some  of  its  powers  to  the 
counties,  and  the  machinery  of  the  state  is  kept  in  motion  by 
the  organized  counties  of  the  state,  not  as  independent  parts- 
of  the  state,  but  subsidiary  parts  of  the  state  in  every  respect. 
There  is  not  a  single  thing  that  a  county  can  do  that  is  inde- 
pendent from  control  of  the  state.  Xot  one.  There  is  not  a 
single  exception  to  that  rule,  whereas  a  state  has  certain  pow- 
ers delegated  to  it  which  it  exercises  absolutely  without  in- 
terference from  the  United  States.  Now  then,  Mr.  Chairman, 
I  don't  wish  to  be  understood  as  speaking  upon  this  question 
simply  in  reference  to  the  people  which  the  La  ramie  delegation 
represent,  because  there  is  not  a  man  upon  this  floor  but  that 
at  some  time  in  the  history  of  the  state  expects  that  many 
other  portions  of  the  state,  of  the  proposed  state,  will  at  some 
time  in  the  future  have  a  greater  number  than  this  county, 
and  I  hope  they  will,  but  when  I  say  that  the  learned  gentle- 
man here,  the  honorable  president  of  our  university,  got  upon 
the  floor  the  other  day  and  said  with  all  the  vehemence  of  his 
nature  that  in  forming  a  government  we  must  form  it  upon 
perfect  equality,  I  took  it  he  was  sincere;  and  when  my  friend 


412  CONSTITUTIONAL  CONVENTION. 

frem  Fremont  this  morning,  in  relation  to  one  matter,  spoke 
here  of  the  equality  of  all  men,  in  arguing  against  this  propo- 
sition of  an  educational  qualification  for  suffrage,  he  was  sin- 
cere, but,  Mr.  Chairman,  if  he  votes  for  this  one  senator  idea 
from  each  county,  he  challenges  his  own  sincerity,  because  he 
cannot  say  upon  his  conscience  that  is  equality  for  all  men; 
because  when  he  says  it  he  knows  if  he  voted  today  for  sena- 
tors that  I  would  be  on  no  equal  footing  with  him;  he  knows 
that,  and  my  property  would  not  be  represented  to  the  full 
extent  that  his  is  because  I  would  not  be  represented  in  the 
halls  of  legislature  as  fairly  and  equiably  as  he  is,  and  I  ask 
any  member  of  this  body  to  point  either  today,  or  any  time  be- 
fore we  close,  to  any  proposition  that  I  have  voted  upon  in 
which  I  have  challenged  my  own  sincerity  as  to  the  equality  of 
#11  men  in  our  constitution,  and  if  I  have  I  will  change  my  vote 
the  moment  it  is  shown  to  me.  I  don't  care  upon  what  propo- 
sition it  is,  nor  when  that  occurs.  But,  Mr.  Chairman,  I  speak 
upon  this  question  in  behalf  of  all  the  people,  who  will  come  to 
inhabit  this  territory  in  the  future,  or  who  live  here  at  pres- 
ent, who  will  live  here  in  case  we  become  a  state,  and  what  I 
want  is  when  the  legislature  meets  in  our  capital,  wlien  it 
meets  at  the  seat  of  government,  wherever  that  may  be,  it  shall 
meet  as  a  body  representing  equally  everyone,  and  not  have  a 
partial  representation.  They  have  asked  us  to  make  it  easy, 
my  friend  from  Converse,  Mr.  Harvey,  says  here  we  are  far 
from  the  railroad,  so  we  cannot  get  to  the  county  seat,  don't 
be  hard  on  us,  make  it  easy  for  us  to  make  a  new  county ;  that 
is  true,  I  believe  in  making  it  easy  for  them,  that  we  be  just  to 
them,  give  them  all  the  privileges  of  citizenship  that  wre  can 
consistent  with  proper  economy,  but  w^on't  you  be  just  also  to 
the  man  who  is  unfortunate  enough  if  this  section  passes,  who 
lives  in  a  country  more  populous?  Now,  Mr.  Chairman,  I  think 
writh  reference  to  this  matter,  it  is  a  very  important  question, 
and  it  goes  right  to  the  foundations  of  the  expressions  of  this 
convention  regarding  the  equality  of  all  men,  and  the  rights 
of  all  humanity.  We  live  under  a  Democratic  or  Kepublican 
form  of  government,  which  in  its  declaration  of  independence 
lias  used  those  wrords  which  were  so  truthfully  expressed  by 
Mr.  Preston  this  morning  that  all  men  are  created  equal,  and 
is  it  to  be  for  the  new  state  of  Wyoming,  represented  by  a 
body  of  men  from  all  parts  of  the  territory,  to  say  that  we  will 
not  abide  by  that  declaration.  The  sentiment,  the  uniform 
sense  of  justice,  of  almost  an  unanimous  body  of  American 
people  has  been  ignored  by  this  majority  report.  In  Montana 
where  they  adopted  that  principle,  many  of  us  know  why  they 
did  it,  and  I  blush  almost  for  shame  for  those  people,  who  mere- 
ly for  the  purpose  of  keeping  the  capital  temporarily,  surren- 


PROCEEDINGS  AND  DEBATES.  413, 

dered  that  which  their  conscience  dictated  they  ought  not  to 
surrender.  I  ask  this  convention  to  look  at  this  matter  not 
from  a  prejudiced  point  of  view,  not  from  a  local  point  of  view 
nt  all,  because  we  are  not  legislating  for  today,  nor  for  tomor- 
row, but  we  are  legislating  for  many  years  hence,  wre  know  not 
how  many  years.  What  we  may  deem  local  today  may  not  be 
local  ten  years  hence,  what  you  may  think  with  your  partial 
ideas  may  be  beneficial  to  your  particular  locality  today,  may 
not  be  beneficial  ten  years  hence,  and  I  think  we  ought  to 
throw  out  of  the  question  entirely  all  ideas  of  locality  in  this 
matter.  I  don't  care  on  what  basis  the  senatorial  representation 
is  made,  so  long  as  it  is  made  with  reference  to  the  equality  of 
every  citizen  in  the  state.  It  matters  little  to  me,  so  that  prin- 
ciple is  sustained.  Now,  Mr.  Chair-man,  just  a  word  more,  and 
I  ask  pardon  of  the  committee  for  having  occupied  this  much 
of  its  time.  A  new  county  may  be  organized  when  they  have 
people  enough  in  that  county;  it  may  have  the  wealth  to  or- 
ganize a  new  county,  one  corporation  might  represent  enough 
money  to  organize  a  new  county.  The  population  is  a  minor 
consideration,  for  under  our  constitution  it  only  requires  that 
a  certain  number  shall  be  left  in  the  old  county;  the  taxable 
property  is  the  main  thing.  Now  if  we  keep  that  in  our  con- 
stitution and  establish  this  provision  one  corporation  might 
send  to  the  senate  a  senator  to  represent  its  interests  solely 
and  absolutely,  and  if  we  establish  this  provision  it  will  be  a 
bid  to  corporations  to  do  that  very  thing.  It  may  sound  ex- 
travagant to  speak  of  one  corporation  having  that  much  tax- 
able property  in  any  one  county,  and  being  able~to  control  the 
county  election,  but  it  will  not  be  impossible  in  some  of  the 
states  by  any  means,  so  I  hope,  Mr.  Chairman,  that  the  mem- 
bers of  this  convention  will  not  abide  by  the  decision  of  the 
majority  of  this  committee  on  legislative  department,  I  hope 
they  will  see  the  injustice  of  such  a  proposition,  and  that  the 
amendment  of  Mr.  Morgan,  or  if  another  can  be  found  wliich  is; 
better  that  it  may  be  submitted  in  place  of  Sec.  3. 

Mr.  CHAIRMAN.  Any  further  remarks  upon  the  amend- 
ment ? 

Mr.  TESCHEMACHER,  Mr.  Chairman. 

Mr.  CHAIRMAN.  The  gentleman  from  Laramie,  Mr. 
Teschemacher. 

Mr.  TESCHEMACHER,  I  would  just  like  to  bring  one 
subject  before  this  convention,  which  I  think  will  prove  the 
those  districts,  or  the  representative  districts  may  be  separate 
report.  It  won't  take  me  but  a  few  minutes  to  explain.  The 
section  says:  "Each  county  shall  constitute  a  senatorial 
district,  which  shall  be  numbered  from  one  consecutively  ac- 
cording to  the  number  of  counties  now  existing  or  hereafter 


CONSTITUTIONAL  CONVENTION. 

created,  and  one  senator  only  shall  be  elected  from  each  dis- 
trict." Now  I  suppose  every  member  of  this  committee  will 
acknowledge  that  in  every  properly  constituted  legislative 
body  the  legislative  part,  the  house  of  representatives,  should 
be  the  larger  body,  and  the  senate  should  be  the  smaller  body. 
Under  this  proposition  they  have  limited  for  all  time  the  num- 
ber of  the  house  of  representatives  to  fifty.  We  have  already 
provided  that  every  two  millions  worth  of  property  shall  be 
able  to  constitute  a  new  county.  How  many  years  do  you  sup- 
pose with  our  rapidly  increasing  mineral  development  and 
other  development  that  we  expect  soon  to  make,  how  many 
years  do  you  suppose  it  will  be  before  we  have  fifty  counties? 
'The  state  of  Colorado  in  1876,  when  it  was  admitted  as  a  state, 
already  had  twenty-five  right  then.  I  don't  know  now  how 
many  they  have.  The  state  of  Kansas  four  or  five  hundred 
counties  at  present,  and  it  is  not  nearly  as  large  as  the  state 
of  Wyoming,  and  if  that  report  is  adopted,  within  a  very  short 
period  of  time  we  shall  have  a  senate  of  three  hundred  and  a 
house  of  fifty.  No  other  argument  is  necessary  on  the  question. 
I  have  reduced  it  to  an  absurdity. 

Mr.  PALMER.  I  Avould  like  to  ask  Mr.  Potter  a  question. 
If  the  one  senator  plan  is  not  adopted,  upon  what  basis  do 
jou  propose  to  have  your  representation? 

Mr.  POTTER.  According  to  the  numjber  of  inhabitants  or 
Toters. 

Mr.  TESCHEMACHER.  I  am  opposed  to  that  plan  from 
the  word  go.  I  am  opposed  to  it  from  the  word  go. 

Mr.  POTTER.  There  is  a  proposition  by  Mr.  Hay  and  also 
-also  one  by  the  minority  committee.  There  is  another  method 
also  often  adopted  in  the  states  to  divide  the  state  into  senato- 
rial districts  and  elect  senators  and  representatives  from 
those  districts,  or  the  representative  districts  may  be  separate 
and  district  from  the  senatorial  districts,  so  that 
one  district  will  only  have  but  one  senator; 
there  might  be  more  than  one  senator  coming  from  any  one 
county,  different  parts  of  the  county.  For  instance,  Laramie 
county,  by  the  two  senator  plan,  the  county  wrould  be  divided 
into  two  districts,  and  each  district  would  elect  for  its  partic- 
ular section.  Many  of  the  states  adopt  that.  Other  states 
without  dividing  the  counties,  apportion  to  the  county  the 
number  of  senators  to  which  it  would  be  entitled  if  it  had 
l>een  divided.  There  are  two  methods  but  so  far  as  I  am  person- 
ally concerned,  it  matters  little  to  me  which  one  is  adopted, 
so  long  as  we  do  it  upon  the  number  of  persons  in  the  county. 

Mr.  PALMER.  I  would  like  to  recall  to  Mr.  Potter's  at- 
tention the  fact  that  this  minority  report  says  "inhabitants'7 
that  the  apportionment  proposed  by  Mr.  Hay  the  other  day 


PROCEEDINGS  AND  DEBATES. 

was  based  on  the  votes  cast  at  the  last  election;  that  would 
not  be  a  fair  apportionment  for  the  reason  that  in  the  last  elec- 
tion both  candidates  for  delegate  were  residents  of  Laramie 
county,  and  consequently  the  personal  feeling  and  personal 
knowledge  brought  out  a  larger  vote  in  Laranaie  county  than 
in  some  of  the  other  counties  where  the  candidates  were  not  so 
well  known,  so  that  the  vote  would  not  be  a  fair  basis  for  ap- 
portionment. 

Mr.  CHAIRMAN.     Any  further  remarks? 

Mr.  CAMPBELL.  Mr.  Chairman,  I  see  this  report  is  signed 
Jby  H.  S.  Elliott,  D.  A.  Preston  and  H,  A.  Coifeen.  Now,  I  have 
.sat  silently  here  and  given  to  these  persons  who  are  in  favor 
of  this  report  a  chance  to  give  some  reasons  for  this  radical 
.change  in  representation.  I  think  any  person  who  signs  his 
name  to  a  paper  ought  to  give  his  reasons  therefor.  But  these 
-gentlemen  sit  silently  here  and  seem  to  have  counted  noses 
and  know  how  the  vote  wrould  be  on  this  proposition. 

Mr.  ELLIOTT.  The  gentleman  was  very  indignant  on  yes- 
terday when  the  gentleman  from  Sheridan  made  some  state- 
ment that  he  was  perhaps  not  perfectly  sincere  in  some  propo- 
sition he  was  present  ing,  and  he  now  gets  up  and  says  it  looks 
•as  if  we  had  this  whole  thing  cut  and  dried,  one  of  the  most 
dishonest  charges  that  can  be  brought  against  a  man  that  I 
know  of.  I  desire  to  state  at  this  time  that  I  have  made  no 
efforts  and  will  make  no  efforts  to  know  how  this  body  stands 
in  regard  to  this  question,  and  I  signed  that  report  for  what  I 
considered  good  and  sufficient  reasons.  Notwithstanding  the 
reduction  ad  absurdum  by  the  gentleman  from  Laramie,  I 
must  insist  that  there  is  yet  a  little  sense,  a  little  reason  and 
.a  little  apparent  justice  in  this  proposition.  My  friend  from 
Laramie,  my  friend  who  first  spoke,  spoke  of  those  gentlemen 
who  had  eulogized  the  justice,  the  equality,  the  fairness  of  the 
people  of  this  territory,  he  referred  to  those  gentlemen  who 
liad  eulogized  the  intelligence  of  the  people  of  this  territory, 
•the  equality  of  all  men  upon  a  particular  proposition  in  regard 
to  the  suffrage  question,  but  I  have  not  heard,  nor  do  I  expect 
to  liear  any  gentleman  upon  this  floor  eulogize  the  tenth  leg- 
islature of  the  territory  of  Wyoming.  When  a  member  of  that 
legislature,  one  of  the  most  able  and  capable  men  in  that  body 
•goes  upon  the  streets  and  states  that  upon  no  single  question 
•that  came  up  did  he  vote  upon  its  merits,  I  do  not  think,  gen- 
tlemen, there  is  need  to  eulogize  such  a  body  as  that.  An  at- 
tack has  been  made  upon  the  organization  of  the  senate  of  the 
United  States  it  may  be  that  it  is  open  to  attack,  but  in  my 
opinion,  and  I  believe  in  the  opinion  of  a  majority  of  the  cit- 
izens of  these  United  States  that  senate  is  one  of  the  greatest 
safeguards  of  our  liberty,  and  I  take  it,  sir,  that  that  system 


41 6  CONSTITUTIONAL  CONVENTION 

that  our  forefathers  have  laid  down  in  that  constitution  is 
founded  upon  the  experience  of  ages,  and  the  fact  that  this 
republic  has  been  able  to  go  through  what  it  has  gone  through 
and  still  maintain  its  existence,  its  position  and  influence,  is 
one  of  the  greatest  and  strongest  arguments  for  the  propriety 
of  each  and  every  branch,  of  the  method  of  organization,  of 
every  principle  of  that  government,  as  established  by  our  fore- 
fathers. The  fact  has  been  referred  to  that  this  method  or 
representation  proposed  is  analogous  to  that  of  the  United 
Slates  senate,  that  it  should  not  be  carried  out  in  reference  to 
the  representation  in  the  senate  of  the  United  States.  I  take 
it  to  be,  Mr.  President,  that  if  we  have  found  that  the  senate 
of  the  United  States  has  been  a  check  upon  the  popular  will 
at  a  time  when  the  popular  will  should  be  checked,  then,  sir, 
it  is  well  worthy  of  our  emulation.  My  friend  has  spoken  of  a 
government  011  equality.  That  is  just  what  we  are  after.  I 
hold  that  each  and  every  county  of  this  territory,  within  its 
certain  bounds,  and  within  its  certain  powers  as  laid  down 
in  this  constitution,  is  a  little  independent  sovereignty,  and 
the  fact,  sir,  that  the  little  counties  of  this  territory,  have  time 
and  time  again  been  preyed  upon  by  the  larger  counties,  and' 
that  they  have  been  made  to  pay  tribute  without  beirg  al- 
lowed a  proper  voice  is  sufficient  indication  that  the  govern- 
ment as  it  has  been  heretofore  has  not  been  one  of  equality. 
In  regard  to  the  question  spoken  of  by  my  friend,  Mr.  Tesche- 
macher,  as  to  the  number  of  representatives,  I  say  that  is  a 
minor  matter.  I  agree  with  him  we  should  keep  the  senate 
the  smaller  body,  and  that  can  be  easily  arranged.  For  myself 
I  was  not  fully  in  favor  of  the  fifty  limit,  put  on  the  house  of 
representatives.  I  was  in  favor  rather  of  seventy-five,  or  even 
a  greater  number,  but  yielded  to  the  sense  of  the  committee  on- 
that  point  in  signing  the  report.  A  word,  sir,  as  to  the  ques- 
tion raised  by  Mr.  Campbell,  as  to  the  members  by  whom  that 
report  was  signed.  That  report  was  agreed  to  by  every  mem- 
ber of  the  committee  except  the  gentleman  from  Converse, 
and  the  chairman,  the  other  members  of  the  committee  were 
not  present  when  the  report  was  signed,  and  for  that  reason 
their  names'  do  not  appear.  The  great  object  of  this  proposi- 
tion to  have  one  senator  from  each  county  is  this.  We  are 
throwing  round  our  legislature  every  possible  safeguard  that 
we  can  devise  to  prevent  them  from  being  controlled  by  local 
prejudices,  to  prevent  them  being  controlled  by  the  great 
corporate  interests,  and  the  history  of  legislation  has  been 
that  where  the  two  houses  are  organized  on  the  same  basis, 
the  smaller  has  been  unable  to  control  the  larger.  That,  sir, 
is  the  principle  we  want  to  effect,  and,  sir,  we  wish  to  fix  it 
so  that  no  measure  can  be  carried  through  unless  that  meas- 


PUOCEED1NGS  AND  DEBATES. 


417 


ure  is  of.  such  general  benefit  as  will  recommend  itself  to  the 
majority  ojt*  the  representatives  of  all  the  counties  before  it 
can  become  a  law.  These,  sir,  I  may  state  are  the  influences 
which  have  led  me  to  sign  that  report. 

Mr.  TESCHEMACHER.  As  a  member  of  the  engrossing 
committee  I  was  obliged  to  leave  the  room,  and  did  not  hear 
how  the  gentleman  got  around  my  question  about  keeping  the 
senate  the  smaller  body. 

Mr.  ELLIOTT.  I  said  that  I  myself  am  in  favor  of  a  larger 
number  for  the  house  of  representatives,  and  think  that  mat- 
ter can  be  easily  arranged. 

Mr.  MORGAN.  Uuless  some  gentleman  who  is  opposed  to 
this  minority  report  desires  to  speak,  as  the  mover  of  the 
amendment  I  would  like  to  say  a  few  words.  I  regret  exceed- 
ingly that  I  am  compelled  to  differ  from  a  majority  of  the  com- 
mittee over  whose  deliberations  I  have  the  honor  to  preside, 
the  more  so  as  I  am  well  satisfied  that  they  have  no  superiors 
in  ability  in  this  convention,  and  are  moved  by  conscientious 
scruples  in  signing  this  report.  I  hope  and  trust  in  the  dis- 
cussion of  a  question  Hive  this  that  county  lines  will  not  enter 
into  the  discussion  of  it  at  all.  If  I  lived  in  the  smallest  coun- 
ty I  would  advocate  this  minority  report,  and  I  believed  that 
if  these  gentlemen  lived  in  the  largest  county  they  would  ad- 
vocate this  majority  report.  Now  this  government  is  founded 
upon  a  certain  principle;  a  government  where  every  man  is 
equal  and  independent.  But  when  we  come  to  act  practical- 
ly upon  that,  it  was  found  that  pure  democracy  would  not  be 
possible.  In  other  words,  a  mass  of  people  living  together  un- 
der one  general  government,  it  would  be  impossible  for  each 
man  to  individually  take  an  active  part  in  the  government; 
but  with  that  idea  still  in  view,  that  each  one  should  have  the 
same  power,  should  have  the  same  voice  in  making  the  laws, 
we  adopted  a  representative  form  of  government.  Now,  I 
should  like  to  know  why  jbecause  I  send  a  representative  that 
I  should  have  less  power  in  the  enactment  of  laws  that  if  under 
the  original  idea  we  should  meet  in  mass  convention?  Now  it 
seems  to  me  that  I  ought  to  have  as  much  right  in  the  forma- 
tion, enactment  of  laws  for  the  government  as  the  man  Avho 
lives  in  a  smaller  county.  Just  as  much,  and  just  no  more. 
Now  each  state  is  an  independent  sovereignty,  and  do  not  bear 
the  same  relation  to  the  general  government  as  that  of  coun- 
ties to  the  state  at  all.  If  the  United  States  senate  had  not 
been  organized  as  it  was,  it  would  have  been  impossible  to  have 
formed  this  union,  because  the  smaller  states  were  afraid  of 
the  larger.  Now  all  parts  of  these  United  States  are  under 
that  constitution,  and  the  constitution  that  we  will  make  is 
simply  to  preserve  certain  rights  of  the  people  and  to  lay  down 
27  — 


41 8  CONSTITUTIONAL  CONVENTION. 

the  powers  of  our  legislatures.  Now,  as  a  matter  of.  right,  is 
it  right  that  the  state  of  Nevada  with  a  population  of  thirty 
thousand  should  have  equal  power  to  defeat  some  bill  that  the 
house  of  representatives  is  in  favor  of,  to  defeat  some  bill  that 
should  have  the  power  and  the  right  to  kill  this  measure  in  the 
senate,  when  the  state  of  New  York  with  a  population  of  four 
million  has  but  he  same  power.  That  is  not  the  right  system  of 
representation,  that  is  not  carrying  out  the  true  idea  of  all 
having  an  equal  voice  in  making  the  laws  of  our  government. 

Mr.  HARVEY.  I  should  not  have  said  anything  on  this 
subject  at  all,  had  not  the  gentleman  from  Laramie  singled  me 
out  in  his  speech  and  stated  that  I  would  be  inconsistent  if 
1  voted  for  the  report  of  this  committee.  If  I  can  be 
satisfied  that  I  would  be  inconsistent  I  should  not  vote  for  this 
report,  but  I  cannot  be  so  convinced ;  I  have  not  been  thus  far 
at  least.  I  have  examined  this  matter  very  carefully,  trying 
to  get  at  the  justice  of  the  thing,  and  I  must  say  that  I  must 
vote  for  the  report  of  this  committee,  because  I  believe  that 
this  theory,  the  idea  advanced  here,  is  sound  theoretically  and 
sound  practically.  Now,  the  gentleman  says  that  this  is  not 
the  American  idea,  I  say  it  is.  The  only  source  from  which  I 
am  to  derive  what  the  American  idea  is,  is  the  form  adopted  by 
our  forefathers,  and  they  adopted  precisely  this  idea,  and  pub- 
lished it  to  the  world  as  the  American  idea.  Now,  I  say,  gen- 
tlemen that  if  you  have  two  houses  based  upon  the  same  rule 
of  apportionment  you  make  no  distinction,  the  only  excuse  in 
the  world  for  having  two  houses  is  that  one  should  be  a  check 
upon  the  other,  because  it  is  absolutely  necessary  to  restrain 
the  majority.  I  say,  gentlemen,  that  this  is  the  American  idea. 
The  minority  has  some  rights  that  must  be  protected,  and  I 
am  prepared  to  stand  by  that  doctrine  in  this  constitution.  If 
any  gentleman  can  convince  me,  can  give  me  any  good  reason, 
why  I  should  depart  from  this  principle  I  would  be  very  glad  to 
learn  it.  I  have  been  here  long  enough  to  convince  me  that  a 
Wyoming  majority  is  no  better  than  any  other  majority. 

Mr.  PRESTON.  When  the  convention  went  into  commit- 
tee of  the  whole  for  the  consideration  of  this  question  I  did  not 
intend  to  make  any  remarks,  and  I  wrould  not  have  made  any 
had  it  not  been  for  my  friends  from  Laramie,  all  of  whom  I 
like  very  jnuch.  In  the  poetical  language  I  heard  last  evening 
they  are  all  jolly  good  fellows,  but  they  have  some  ways  which 
I  don't  appreciate,  and  one  of  these  ways  is  the  manner  in 
which  they  propose  to  establish  a  state  senate  for  the  state 
of  Wyoming.  Now,  the  best  argument  that  can  be  advanced 
to  this  convention  is  ilic  abuses  of  the  legislatures  in  the  past. 
That  certainly  is  argument  enough  in  favor  of  a  representation 
in  the  upper  house  from  each  county,  in  order  that  it  may  be 
a  check;  that  the  upper  house  may  hold  the  lower  house  in 


PROCEEDINGS  AND  DEBATES. 

hand,  that  the  people  of  Wyoming  may  hold  the  lower  house 
iu  (.-heck.  It  is  true  that  I  am  not  an  old  citizen  of  Wyoming, 
in  the  language  of  those  who  reside  in  Wyoming,  I  am  a  ten- 
derfoot, but  I  am  here  in  this  convention  representing  old  tim- 
ers, men  who  have  lived  in  this  territory  from  the  time  it  was 
created,  and  as  their  representative  I  came  to  this  convention 
and  I  signed  this  report  because  it  is  in  accordance  with  then* 
wishes.  I  have  put  my  name  to  that  report  and  I  will  stick  to 
it  until  I  am  black  in  the  face,  unless  some  of  the  intelligent 
gentlemen  from  La  ramie  county  are  able  to  convince  me  that 
I  am  wrong.  My  friend,  Mr.  Potter,  says  this  question  arose 
in  Montana,  and  that  they  put  in  their  constitution  a  clause 
that  provided  that  each  county  should  have  one  representative 
in  the  senate  for  the  reason  that  they  were  afraid  that  the  cap- 
ital of  Montana  would  be  moved ;  I  might  say  on  the  other  haud 
that  the  position  taken  by  Mr.  Potter  and  by  the  gentleman 
from  Laramie  is  upon  the  same  principle,  that  they  are  afraid 
the  capital  of  Wyoming  will  be  moved  away  from  Cheyenne. 
Now  it  is  true  I  said  this  morning  in  the  argument  of  this  ques- 
tion as  to  whether  a  man  should  be  educated  in  order  to  vote, 
I  said  that  all  men  were  created  equal.  It  is  true  we  come 
before  this  question  with  the  same  proposition  that  all  counties 
so  far  as  the  senate  is  concerned,  shall  be  made  equal,  and 
have  an  equal  voice  on  that  floor.  There  were  no  noses  counted 
to  see  how  this  question  would  terminate,  I  simply  was  try- 
ing to  run  a  bluff  on  my  friend  Campbell  here,  and  they  have 
had  several  small  boys  out  to.  round  up  the  absent  delegates 
from  Laramie  county;  there  is  no  uproar  in  any  other  county. 
Now  I  do  not  desire  to  say  anything  further  on  this  question, 
for  I  believe  that  every  one  in  this  convention  understands  the 
position  that  the  majority  of  this  committee  have  taken  upon 
this.  It  was  not  a  question  which  was  passed  hurridly  by, 
not  a  question  determined  on  in  a  moment's  notice,  but  one 
taken  into  consideration  by  this  committee  for  several  days. 
It  was  fully  and  carefully  discussed,  and  out  of  all  the  coun- 
ties that  were  represented  in  that  committee  our  friend  Mor- 
gan was  the  only  one  that  found  fault  with  the  representa- 
tion. As  I  said  I  am  sure  that  every  member  of  this  conven- 
tion understands  the  question  fully,  and  I  don't  believe  that 
there  is  one  thing  that  can  be  urged  for  or  against  this  ques- 
tion, which,  they  have  not  already  considered.  And  now  in  con- 
clusion I  want  to  say  that  while  although  the  representatives 
of  Fremont  county  ask  and  appeal  to  you  for  a  fair  consider- 
ation of  this  question,  that  while  although  we  are  a  small  coun- 
ty today,  we  do  not  ask  that  this  representation  shall  be  one 
from  each  county,  because  Laramie  county  today  exceeds  us 
in  population,  for  I  want  to  say  to  you  gentlemen  of  the  con- 
vention that  this  county  of  Fremont,  while  today  it  has  no 


420  CONSTITUTIONAL  CONVENTION. 

railroad,  while  todny  it  is  one  of  the  least  known  in  the  terri- 
tory, is  one  that  will  some  day  in  some  future  time  cut  an  im- 
portant, figure  in  the  state  of  Wyoming.  It  is  a  county,  gentle- 
men of  the  convention,  whose  hidden  treasures,  when  develop- 
ed, will  equal  those  of  the  great  state  of  Pennsylvania,  and 
the  great  mines  of  Colorado.  A  county  with  soil  as  rich  as 
any  county  in  the  territory,  and  the  only  county,  gentlemen  of 
the  conventions  whose  soil  is  rich  enough  to  produce  corn,  the 
stalks  of  which  can  be  utilized  for  the  building  of  corrals,  and 
I  ask  at  your  hands  a  fair  consideration  of  this  question,  and 
give  us  an  equal  voice  on  the  floor  of  the  senate  with  Laramie 
county,  and  Albany  county,  and  Carbon  county,  or  any  other 
county  in  the  state  of  Wyoming. 

Mr.  CHAIRMAN.    Any  further  remarks? 

Mr.  TESCHEMACHER.     Mr.  Chairman. 

Mr.  CHAIRMAN.  The  gentleman  from  Laramie,  Mr. 
Teschemacher. 

Mr.  TESCHEMACHER,  I  have  spoken  on  this  subject, 
and  if  any  one  else  care  to  speak  I  will  yield.  I  have  not  yet 
heard  any  one  answer  the  question  of  what  would  be  the  re- 
sult of  the  adoption  of  the  majority  report,  of  Sec.  3,  when  the 
counties  increase  as  they  will,  and  very  rapidly,  how  we  are 
to  cut  down  this  infernal  senate.  This  senate  is  going  to  be 
larger  and  larger  every  election,  and  that,  it  seems  to  me, 
is  the  one  question  that  ought  to  be  answered  right  away.  We 
have  ten  counties  already  today,  and  my  friend,  Mr.  Coffeen, 
from  Sheridan,  tells  us  that  there  is  a  part  of  ^heridan  county 
that  wants  to  become  a  new  county,  and  I  think  very  soon 
there  will  be  a  certain  part  of  Laramie  county  that  will  want 
to  become  another  county.  I  don't  come  from  Cheyenne,  I 
come  from  Uva,  and  I  don't  think  it  will  be  many  years  before 
the  nothern  part  of  Laramie  county  will  wish  to  be  some  other 
county,  Teschemacher  county  perhaps,  and  so  it  will  go  on  and 
on  and  each  recurring  legislature  we  shall  have  an  increasing 
senate,  until  as  I  have  before  said,  the  senate  will  outstrip  the 
house,  because  the  majority  report  here  says  that  the  house 
shall  be  limited  to  fifty.  Now  will  some  member  on  the  other 
side  tell  me  what  wre  are  going  to  do  when  that  state  of  affairs 
comes  about. 

MY.  CHAIRMAN.    Any  further  remarks? 

Mr.  COFFEEN.    Mr.  Chairman. 

Mr.  CHAIRMAN.  The  gentleman  from  Sheridan,  Mr.  Cof- 
feen. 

Mr.  COFFEEN.  I  wish  to  discuss  this  question  for  a  few 
moments  and  I  wish  to  take  up  the  point  made  by  the  last 
speaker.  I  wish  to  say,  however,  before  I  begin,  that  in  every- 
thing I  have  said,  and  everything  I  have  done  here,  I  have  as- 
sumed that  every  other  member  is  honest  and  fair  in  his  con- 


PROCEEDINGS  AND  DEBATES.  42I 

victions,  and  I  ask  that  the  same  consideration  shall  be  extend- 
ed to  me,  and  I  would  apply  that  principle  so  far  as  to  Kay  that 
I  beg  no  one  be  allowed  to  assume  that  fairness  and  Justice 
is  on  his  side  alone.  The  first  gentleman  who  spoke  on  the  op- 
ening of  this  debate  took  the  position  of  assuming  that  there 
was  no  ground  for  this  report  if  founded  on  justice.  Se  we 
start  with  a  fair  assumption  so  far  as  I  am  concerned,  and 
everyone  I  believe  who  addresses  himself  to  this  question  will 
address  himself  conscientiously;  I  am  free  to  admit  that  I  be- 
lieve all  Avill  do  so.  True  we  are  all  more  or  less  unconsciously 
influenced  by  our  surroundings.  With  that  preface,  taking  up 
the  argument  of  the  gentleman  wrho  preceded  me,  he  has  raised 
this  question:  Will  there  not  be  so  many  counties  organized 
that  the  senate  wTill  become  too  large.  I  wrish  "to  take  his  sug- 
gestion and  answer  another  gentleman  from  another  county 
who  is  fearing  that  it  will  be  too  small,  and  call  attention  to 
the  fact  that  according  to  those  who  support  this  measure 
of  the  gentleman  from  Laramie  that  it  is  liable  to  be  too  large 
instead  of  too  small,  and  I  pit  one  of  these  arguments  against 
the  other.  For  myself  I  believe  there  will  be  some  new  coun- 
ties  organized,  ;which  will  give  us  a  reasonable  body  for  a  sen- 
ate. We  start  out  with  a  rather  smaller  number  than  I  should 
prefer,  but  the  principle  which  I  wish  very  much  should  be  se- 
cured is  that  every  county  should  have  an  equal  right  and  pow- 
«r  in  the  future  legislatures  of  this  country. 

Mr.  PALMER.  It  seems  to  me  that  the  great  democratic 
principle  is  that  the  majority  should  rule,  and  that  a  man 
whether  he  resides  in  the  county  of  Laramie  or  the  county  of 
Sheridan  should  have  the  same  right  to  vote.  Under  that  ratio 
and  apportionment  a  man  in  Laramie  or  a  man  in  Sweetwa- 
ter  county  would  have  just  a1>out  half  a  vote,  and  a  man  up 
in  Sheridan  would  have  a  full  vote.  It  is  a  democratic  princi- 
ple, and  I  am  sorry  to  see  that  Democratic  members  of  this 
convention  will  vote  for  a  proposition  whereby  a  portion  of  the 
people  will  be  disfranchised.  It  is  not  fair  or  just  to  the  peo- 
ple of  Sweetwater  county,  with  an  assessed  valuation  of  three 
million  dollars,  that  she  should  send  but  one  senator  to  the 
senate  of  the  state,  and  that  Sheridan  with  less  than  one  and 
a  quarter  million  should  have  an  equal  power  in  fixing  the  rate 
of  taxation.  The  delegation  from  Sweetwater  county  in  this 
convention  are  placed  in  a  very  embarrassing  position,  under 
either  system,  they  wrill  only  get  one  senator.  We  will  <?et 
one  senator,  and  the  county  of  Sheridan  will  get  one  senator. 
We  have  in  our  county  nine  per  cent  of  the  vote,  and  Sheridan 
lias  four  per  cent.  We  have  twice  as  many  voters  as  they  have. 
We  have  ten  per  cent  of  the  assessed  valuation  while  Sheridan 
lias  three  per  cent.  Sheridan  county  sends  one  representative 
to  the  senate,  and  he  fixes  or  assists  in  fixing  the  ratio  of  tax- 


^22  CONSTITUTIONAL  CONVENTION. 

ation  and  all  those  matters,  and  has  an  equal  vote  with  the 
man  we  send  from  our  county.  I  insist  that  it  is  not  demo- 
cratic and  not  right  that  we  should  have  but  one  man  there, 
and  Sheridan  county  with  less  than  half  the  vote  and  half  the 
assessed  valuation  should  be  represented  equally  with  us.  I 
say  it  is  not  the  American  principle  that  there  should  be  a 
check  upon  popular  representation.  The  gentleman  has  stat- 
ed that  the  constitution  of  the  United  States  wras  framed  upon 
the  American  principle,  and  a  moment  ago  he  stated  that 
three-fourths  of  the  states  had  receded  from  that  and  adopted 
another  system.  When  three-fourths  of  the  states  of  the  union 
have  receded  from  the  proposition  it  is  no  longer  the  American 
principle.  The  majority  should  rule  is  the  American  principle 
and  I  stand  ready  to  vote  for  any  proposition  that  will  give 
the  people  in  every  part  of  the  state  fair  and  just  representa- 
tion in  the  senate. 

Mr.  COXA  WAY.  I  am  glad  there  is  at  least  one  proposi- 
tion upon  which  I  can  agree  with  my  colleague,  Mr.  Palmer. 
I  do  not  wish  to  discuss  this  question  at  length,  but  simply  to 
say  that  I  will  vote  against  the  principle  of  apportionment 
proposed  in  the  majority  report,  because  I  do  not  think  it  is 
right,  I  do  not  think  it  is  American.  I  do  not  think  that  the 
fact  that  the  senate  of  the  United  States  is  organized  upon 
this  principle  is  a  parallel  case  to  that  of  the  organization  of 
a  state  senate.  The  relation  of  the  states  of  the  United  States 
to  the  general  government  is  not  the  same  as  that  of  counties 
in  a  state  to  the  state  government,  The  states  were  sovereign 
and  independent,  and  the  formation  of  the  general  government 
and  of  the  senate  of  the  United  States  was  a  series  of  compro- 
mises. It  was  necessary  in  order  to  get  the  original  states,  or 
a  majority  of  them  to  bind  themselves  bv  the  constitution  of 
the  United  States  that  some  things  should  be  inserted  in  that 
constitution  which  were  not  exactly  republican,  not  democrat- 
ic, and  this  idea  has  not  been  approved  and  practiced  by  three- 
fourths  of  the  American  states.  The  proportion  of  American 
states  that  have  adopted  the  form  of  one  representative  from 
each  county  in  the  upper  house  does  not  amount  to  one-fourth, 
as  I  am  informed  by  the  best  informntion  T  hove  ^ot.  It  is 
the  exception  and  not  the  rule.  There  is  a  difference  betvreen 
the  relations  of  the  counties  to  the  state  government,  and  the 
states  of  the  United  Stntes  to  the  general  government.  The 
states  nre  sovereign  and  independent  find  come  in  of  their  own 
free  will.  The  counties  nre  the  agents  of  the  states  in  carry- 
incr  out  the  uovernnient.  the  agents  and  instruments  of  the  crov- 
•  •nniient.  thev  derive  their  power  or  authority  from  the  Inws 
enacted  by  the  legislature  of  the  state.  As  T  said  before  T  do 
not  wish  to  discuss  this  question,  at  nuv  length,  merely  to  give 
my  ideas  about  it,and  stating  that  while  it  may  not  be  for  the 


PROCEEDINGS  AND  DEBATES.  423 

best  interests  of  my  own  county  to  vote  as  I  do,  still  I  think 
it  is  right  to  do  so,  and  the  people  expect  me  to  do  here  what 
I  think  is  right  and  upon  conviction. 

Mr.  HAY.  I  want  to  say  a  word  in  explanation,  in  answer, 
to  a  question  asked  by  Mr.  Preston.  He  asked  whether  the 
Laraniie  county  delegation  were  wedded  to  the  plan  proposed 
in  my  proposition.  I  want  to  say  that  no  one  knew  anything 
of  this  proposition  when  I  introduced  it.  I  don't  think  I  had 
shown  it  to  any  one.  Some  members  of  my  own  delegation  ob- 
ject to  it,  they  don't  seem  to  think  that  Laraniie  county  has 
got  a  particularly  good  thing.  Mr.  Teschemacher  makes  ob- 
jection to  the  proposition  in  File  Ho.  74.  I  don't  know  what 
his  objection  is  except  as  indicated  by  his  remarks  in  regard  to 
the  vote.  If  the  apportionment  suggested  in  this  proposition 
is  not  fair,  and  if  Sheridan  county  or  any  other  county  has 
been  done  aotiy  injuctice  by  it  I  am  certainly  the  last  one  to 
support  it.  I  am  in  favor  of  any  change  that  will  make  it  more 
fair  to  all  the  counties  than  that  does.  But  in  regard  to  the 
argument  in  reference  to  the  fact  that  all  men  are  declared 
free  and  equal,  and  to  have  epual  rights,  I  don't  see  how  it  is 
that  there  is  any  equal  rights  in  the  proposition  that  a  county 
with  nine  hundred  votes  shall  have  equal  rights  with  a  county 
with  four  thousand.  I  cannot  see  where  that  argument  holds 
good. 

Mr.  BKOWN.  I  want  to  be  understood  that  in  asking  this 
question  I  ask  it  in  the  best  faith  because  in  following  the  ar- 
guments of  the  gentlemen  on  either  side  of  this  question  I  have 
forgotten  what  the  motion  is  that  is  before  the  house.  I  am 
not  sure  aJbout  it,  and  I  want  information.  I  understood  the 
motion  of  the  gentleman  from  Laraniie,  Mr.  Campbell,  to  be 
this  in  substance,  to  strike  out  Sec.  3  of  the  majority  report. 
Is  that  correct?  As  I  understand  it  now  the  motion  of  the  gen- 
tleman from  Laraniie,  Mr.  Morgan,  was  to  amend  the  motion 
to  strike  out  by  inserting  what  is  reported  as  Sec.  3  of  the 
minority  report.  I  a.sk  the  members  to  inform  me  whether  or 
not  I  am  correct  as  to  this.  If  I  am  the  question  that  is  pre- 
sented to  this  committee  now  for  its  action  is  on  the  amend- 
ment offered  by  the  gentleman  from  Laraniie,  Mr.  Morgan, 
that  we  insert  Sec.  3  of  the  report  of  the  minority  of  the  com- 
mittee in  lieu  of  Sec.  3  of  the  majority  report.  I  am  free  to 
say  that  the  gentleman,  as  I  understand  it,  has  no  right  to 
amend  the  report  after  it  has  been  submitted  to  the  conven- 
tion and  referred  to  the  committee  for  its  action,  so  that  on 
the  motion  to  adopt  the  minority  report  in  place  of  the  ma- 
jority report,  as  to  Sec.  3,  my  friend  Teschemacher  occupies,  I 
take  it,  the  same  position  that  I  do,  that  he  is  opposed  to  it. 
Then  on  the  question  of  the  minority  report  we  may  act  to- 
gether. Xow,  upon  the  other  question  of  the  motion  to  strike 


424  CONSTITUTIONAL  CONVENTION. 

out  Sec.  3  of  the  majority  report,  I  am  opposed  to  that  motion. 
Whatever  may  be  the  result  of  the  action  of  this  committee 
or  of  this  convention,  when  it  is  finally  taken,  I  am  still  op- 
posed to  any  motion  to  strike  out  Sec.  3  of  the  majority  report 
because  it  carries  with  it  a  principle  that  I  think  every  man 
in  this  convention  is  in  favor  of,  namely,  that  there  shall  be  at 
least  one  member  of  the  council  from  each  and  every  county 
in  the  state,  however  that  section  may  be  finally  amended  by 
the  action  of  this  committee  or  of  this  convention,  is  another 
matter,  but  I  take  it  from  the  different  remarks  made  by  dif- 
ferent gentlemen  here  during  the  discussion  of  this  question, 
that  each  and  every  one  of  them  favor  this  proposition  present- 
ed, that  each  and  every  county  shall  have  one  representative 
in  the  council  or  seriate  of  the  state  legislature. 

Mr.  MORGAN.  I  asked  leave  to  amend,  to  insert  this 
amendment,  and  there  was  no  objection. 

Mr.  BROWN.  Let  us  remember  that  the  reports  of  these 
committees  are  reports  in  charge  of  the  convention,  and  not 
in  charge  of  the  committee,  and  when  they  are  received  by 
the  convention  the  unanimous  consent  of  the  convention  must 
be  obtained  and  is  sufficient  to  alloAv  the  gentleman  to  amend 
the  report  as  he  pleases. 

Mr.  MORGAN.  Do  you  mean  to  say  that  you  cannot 
amend  a  proposition  before  the  committee  of  the  whole  ? 

Mr.  BROWN.  I  mean  to  say  this;  that  it  can  be  amended 
by  vote,  but  not  by  unanimous  consent.  Without  going  further 
then,  we  are  now  in  this  situation;  we  have  before  us  these 
two  reports.  As  to  the  minority  report  I  take  it  that  it  has 
been  amended  and  cannot  be  amended  in  the  way  suggested, 
and  I  should  be  opposed  to  it,  if  it  were  amended.  Now  as  to 
the  majority  report.  I  say  that  in  this  majority  report  Sec. 
3  contains  one  principle  that  we  nearly  all  agree  on,  namely 
one  representative  in  the  senate  from  each  county.  Why  then 
strike  it  out?  There  are  matters  in  Sec.  3  of  the  minority  re- 
port that  we  do  not  want  and  will  give  us  more  trouble  to 
amend  than  the  report  of  the  majority. 

Mr.  CAMPBELL.  I  made  a  motion  to  strike  out  Sec.  3, 
I  will  withdraw  that  and  move  to  strike  out  the  word  "only" 
in  the  third  line. 

Mr.  McOANDLISH.  If  he  believes  as  he  indicated  in  his 
speech  here  this  afternoon,  that  the  majority  should  rule,  why 
is  it  that  we  are  wrestling  with  this  minority  report. 

Mr.  PALMER.  I  move  this  committee  now  arise,  report 
progress  and  ask  leave  to  sit  again. 

MI-.  IJROWN.  Now  what  I  have  to  say  is  upon  the  main 
fpicstion  of  representation,  and  I  propose  now  to  discuss  that 
matter  somewhat,  because,  perhaps  it  may  be  involved  in  these 
two  matters  now  before  the  committee,  although  I  am  not  sure 
that  we  are  now  ready  to  fix  that  absolutely,  and  if  there  is 


PROCEEDINGS  AND  DEBATES.  425 

no  objection  made  I  will  discuss  the  whole  question  of  repre- 
sentation.   I  do  not  know  that  there  is  one  member  of  the  del- 
.edition  in  this  convention  from  Albany  county  that  agrees 
with  me  in  my  views  of  this  question.    Whether  they  do  or 
not  I  am  not  informed,  but  I  shall  act  upon  this  question  as 
upon  every  other  one,  upon  my  best  judgment  of  what  is  right 
without  reference  to  the  opinions  of  others,  except  as  by  their 
arguments  they  may  convince  me  of  the  error  of  my  own  judg- 
ment.    The  question  of  representation  in  proportion  to  the 
population  is  one,  I  think,  that  should  properly  refer  alone  to 
the  lower  house,  or  house  of  representatives  as  it  is  called  in 
this  legislative  file,  and  not  to  the  senate,  and  I  believe  that 
the  gentleman  from  Converse  expressed  my  views  very  fairly 
upon  this  question.    Representation  in  the  different  houses  of 
a  legislative  body  is  in  the  nature  of  things  arbitrary  in  some 
respects.    We  cannot  say  that  representation  shall  be  in  pro- 
portion to  the  population  and  settle  the  matter  in  that  way, 
for  each  county,  because  there  is  no  such  thing  as  dividing 
the  population  of  each  county  in  such  a  way,  or  there  is  no 
such  thing  as  adopting  a  unit  by  which  we  may  divide  the  rep- 
resentation, so  that  it  will  exactly  meet  the  sentiment  express- 
ed that  it  should  be  in  proportion  to  the  population.     To  a 
greater  or  less  extent,  divide  representation  upon  any  plan  you 
may,  and  it  must  in  some  respects  be  arbitrary  in  its  results, 
and  will  not  give  an  entirely  equal  representation  to  any  por- 
tion of  the  people  of  Wyoming.    You  may  take  any  figure  that 
you  can  conceive  of  and  try  to  measure  the  population  by  that, 
and  you  will  find  that  if  it  works  right  in  one  county  it  will 
fall  short  in  another,  and  that  an  exact  and  equal  representa- 
tion cannot  be  absolutely  arrived  at.    If  the  principle  of  repre- 
sentation in  proportion  to  population  was  to  be  adopted,  I 
would  be  in  favor  of  a  legislature  composed  of  a  single  branch, 
"because  I  can  see  no  need  of  two  houses  in  any  legislative  body 
If  you  are  going  to  pursue  that  theory  a<s  to  representation. 
Much  has  been  said  by  statesmen  in  different  parts  of  our  coun- 
try as  to  the  propriety  of  two  houses  in  legislative  bodies,  and 
very  strong  arguments  have  been  presented  against  it.    I  be- 
lieve myself  in  having  two  branches  or  two  houses  in  the  leg- 
islative department  of  our  state,  and  of  all  the  states  in  the 
union,  and  I  believe  also  in  following  the  general  principle 
that  has  been  referred  to  a,s  the  American  principle,  namely, 
that  the  house,  whether  it  is  called  the  upper  or  the  lower 
house,  or  the  senate,  that  the  house  that  lias  the  smallest 
number  of  representatives  should  be  so  constructed  that  it  will 
work  as  a  check  upon  the  will  of  the  popular  majority  in  the 
lower  house,  or  the  house  of  representatives,  and  if  it  is  not  so 
constructed  that  that  it  shall  form  a  check  upon  the  will  of 
the  popular  house,  it  will  be  of  no  advantage  to  the  people  of 
Wyoming,  and  we  might  as  well  wipe  it  out  a.s  a  useless  and 


426  CONSTITUTIONAL  CONVENTION. 

unnecessary  tiling.  It  becomes  a  mere  figurehead,  a  thing  t'o 
br  looked  at,  wholly  useless,  and  a  matter  of  some  expense  to 
the  people.  Now  I  believe,  as  was  stated  by  the  sentleman 
from  Sweet  water,  that  when  the  theory  of  our  government 
was  originally  adopted,  and  the  system  of  two  houses  of  con- 
gress, with  two  representatives  in  one  branch,  from  every 
state  in  the  union,  it  was  accepted  by  the  people  of  the  coun- 
try, in  the  formation  of  our  government,  as  the  result  of  a  com- 
promise, but  I  wish  to  say  in  addition  to  that,  that  it  was  the 
happiest  compromise  that  ever  came  to  man.  The  theory  of 
equal  representation  in  the  senate  of  the  United  States,  is  one 
of  the  safeguards  of  our  country,  and  without  it,  we  do  not 
know  in  what  direction  we  might  have  drifted,  or  what  would 
be  the  result  of  legislation.  I  say  that  this  compromise  was 
a  happy  deliverance  and  resulted  in  the  formation  of  one  of 
the  best  governments  that  has  existed  under  the  sun.  By  the 
representation  in  the  senate  being  equal  from  each  state,  the 
rights  of  states  are  preserved,  and  the  little  state  of  Rhode  Is- 
land with  her  industries  and  thrift,  is  as  well  protected  in  the 
senate  of  the  United  States  as  the  great  state  of  IsTew  York. 
The  senate  of  the  United  States  is  framed  as  a  restriction, 
it  seems  to  me,  upon  the  popular  branch,  and  saves  the  states 
from  wrong  because  of  that.  It  is  true  that  counties  are  in  no 
sense  sovereign,  as  was  suggested  by  the  gentleman  from 
Sweetwater,  and  they  do  not  in  any  sense  perhaps  occupy  the 
same  relation  to  the  state  as  the  states  of  the  union  do  to  the 
general  government,  yet  there  is  the  principle  that  we  want  to 
keep  in  mind,  and  that  is  restriction  upon  the  popular  body  in 
our  legislature,  that  more  directly  represents  the  people.  How 
can  we  obtain  that  and  IIOAV  shall  we  obtain  it.  It  is  a  ques- 
tion you  may  well  consider  long  and  well  before  adopting  any 
particular  theory.  As  a  start  in  this  direction  at  least,  I  am 
in  favor  of  adopting  this  Sec.  3,  that  gives  one  senator  from 
each  county  in  the  territory.  When  that  is  done,  if  there  is 
any  better  plan  we  can  adopt  it.  Without  going  any  further 
then,  we  are  in  this  situation.  As  to  the  minority  report  I1 
am  opposed  to  it,  and  would  be  opposed  to  it,  if  it  were  amend- 
ed. Xow  as  to  the  majority  report.  I  say  that  in  this  ma- 
jority report  Sec.  3  contains  a  principle  that  we  nearly  all 
agree  on,  one  representative  from  each  county  in  the  senate. 
Why  then  strike  il  out?  There  are  Diallers  in  Sec.  3  of  the  mi- 
nority report  that  we  do  not  want,  and  will  give  us  more 
trouble  to  amend  than  the  report  of  the  majority  committee. 

Mr.  CHAIRMAN.  The  question  is  on  the  amendment.  All 
in  favor  of  the  amendment  Avill  say  aye;  contrary  no.  The  noes 
have  it;  the  motion  is  lost. 

Mr.  PALMER.    I  move  this  committee  now  rise,  report 
gress  and  ask  leave  to  sit  again. 


PROCEEDINGS  AND  DEBATES.  427 

Mr.  CHAIRMAN.  It  is  moved  that  this  convention  now 
rise  and  ivport.  All  in  favor  of  the  motion  will  say  aye;  con- 
trary no.  Tin-  ayi's  have  it;  the  committee  will  now  arise. 

(Report  of  committee  of  the  whole.) 

Mr/  PALMER.    I  move  the  report  be  adopted. 

Mr.  PRESIDENT.  It  is  moved  the  report  be  adopted.  All 
in  favor  of  the  motion  will  say  aye;  contrary  no.  The  ayes  have 
it;  the  motion  prevails. 

Mr.  TESCHEMACHER.  I  move  we  now  take  a  recess  until 
7 :30 ;  I  believe  that  is  the  hour  fixed  for  the  address  by  Sena- 
tor Stewart. 

Mr.  PRESIDENT.  It  is  moved  that  we  now  take  a  recess- 
until  7:30  this  evening.  Are  you  ready  for  the  question?  All 
in  favor  of  the  motion  will  say  aye;  contrary  no.  The  ayes 
have  it;  the  motion  prevails. 


SIXTEENTH  DAY. 
MORNING  SESSION. 

Thursday,  September.  19th. 

Mr.  PRESIDENT.    Convention  come  to  order. 

The  secretary  will  call  the  roll. 

Reading  of  the  journal. 

Mr.  PRESIDENT.  Are  there  any  corrections  to  be  made 
to  the  journal?  None  suggested;  it  will  be  approved  as  read. 
It  is  so  ordered,  Mr.  Secretary,  the  journal  stands  approved. 

Presentation  of  petitions,  memorials  and  propositions. 

Mr.  HOYT.  I  have  tAvo  propositions  here  in  the  nature  of 
declarations,  which  as  they  are  in  m}'  handwriting-  I  will  read. 

(Reading  of  Hoyt's  propositions.) 

Mr.  PRESIDENT.  If  there  is  no  objection  the  propositions 
presented  by  the  gentleman  from  Albany,  Gov.  Hoyt,  will  be 
referred  to  Committee  No.  1,  on  preamble  and  bill  of  rights. 
The  chair  hears  no  objection,  and  it  is  so  referred,  Mr.  Secreta- 
ry. Any  further  propositions? 

Reports  of  committees. 

Mr.  TESCHEMACHER.  Committee  No.  19  desires  to  make 
a  report. 

(Presentation  of  report  of  Committee  No.  19.) 

Reports  of  special  committees.  There  being  no  special  re- 
reports,  we  will  noAv  proceed  to  the  final  readings  of  proposi- 
tions. 

Mr.  HAY.  I  move  that  rule  four  be  suspended.  It  is  pretty 
hard  to  sit  here  all  day  without  any  of  the  comforts  of  life. 


.428  CONSTITUTIONAL  CONVENTION. 

Mr.  REED.    Second  the  motion. 

Mr.  PRESIDENT.  It  is  moved  that  rule  four  be  suspend- 
'ed.  Is  there  objection?  The  chair  hears  none.  Rule  four  is 
suspended  for  the  morning  sesson. 

<ieiitlemen,  I  have  a  communication  from  a  former  resident 
•of  Wyoming,  again  calling  our  attention  to  the  name  that 
should  be  adopted  as  the  name  of  the  new  state.  If  it  is  not 
otherwise  ordered  by  the  convention  it  will  be  laid  on  the  ta- 
ble with  the  other  communication  upon  the  same  subject. 

Mr.  TESCHEMACHER.  I  move  out  of  respect  to  the  old 
resident  the  matter  be  referred  to  Committee  No.  0. 

Mr.  PRESIDENT.  It  is  moved  that  this  letter  be  referred 
to  Committee  No.  G.  Are  you  ready  for  the  question?  All  in 
favor  of  the  motion  will  say  aye;  contrary  110.  The  ayes  have 
it;  it  is  so  referred. 

Mr.  JOHNSTON.    Committee  No.  8  have  a  report  to  make 

Mr.  PRESIDENT.  The  report  of  Committee  No.  8  will  be 
received  and  read. 

Mr.  BtJEKTTT.  I  don't  think  that  it  is  necessary  to  read 
it.  The  report  is  exactly  File  57  as  printed,  with  a  change 
in  the  first  section,  and  one  additional  section  added. 

Mr.  PRESIDENT.  There  were  some  amendments  made  by 
the  committee  of  the  whole  to  the  proposition.  Those  were  not 
incorporated  as  I  understand  it. 

Mr.  BURRITT.  The  committee  did  not  understand  that  the 
committee  of  the  whole  were  considering  this  for  the  purpose 
of  placing  any  restrictions  upon  the  irrigation  committee.  It 
was  brought  before  the  committee  of  the  whole  in  order  that 
the  irrigation  committee  might  rceive  the  advice  of  the  mem- 
bers. That  having  been  done  we  have  agreed  upon  this  substi- 
tute which  we  beleve  is  the  proper  thing. 

Mr.  PRESIDENT.  The  report  will  be  placed  upon  the 
'general  file.  Any  further  reports  of  committees? 

Mr.  PALMER.  I  would  ask  leave  at  this  time  to  introduce 
a  proposition. 

Mr.  PRESIDENT.  Is  there  objection  to  the  introduction  of 
a  proposition  by  Mr.  Palmer  at  this  time?  The  chair  hears  none 
and  the  proposition  will  be  presented. 

SECRETARY.    File  82,  by  Mr.  Palmer. 

(Reading  of  the  file.) 

.Mi'.  PRESIDENT.  It  will  be  referred  to  the  committee  on 
labor  unless  otherwise  ordered  by  the  convention.  It  is  so 
ordered,  Mr.  Secretary.  Gentlemen,  the  files  that  were  report- 
ed as  correctly  engrossed  did  not  have  the  endorsement  of  the 
file  on  the  back,  and  they  have  been  sent  to  the  engrossing 
clerk  to  put  that  on.  As  soon  as  returned  we  will  take  up  the 
files  for  final  reading. 


PROCEEDINGS  AND  DEBATES. 


429, 


Mr.  TESCHEMACHER.  The  fault  is  all  mine.  I  returned 
three  or  four  tiles  before  just  this  way,  supposing  it  was  the 
duty  of  the  secretary  to  put  that  on.  And  I  sent  them  all  in 
that  way  to  save  time. 

Mr  PRESIDENT.  The  question  comes  on  the  final  reading 
of  the  file.  The  first  presented  for  your  consideration  is  File 
No.  68,  on  suffrage.  Is  it  the  wish  of  the  convention  that  the 
file  be  first  read  before  putting  it  on  its  final  passage. 

Mr.  CAMPBELL.    I  move  it  be  read  section  by  section. 

Mr.  PRESIDENT.  All  in  favor  of  reading  the  file  section 
by  section  will  say  aye;  contrary  no.  The  ayes  have  it;  the  file 
will  be  read  by  sections. 

(Reading  of  Sec.  1.) 

Mr  PRESIDENT.  Sec.  1  is  now  before  you.  What  is  your 
pleasure,  gentlemen?  No  amendments  are  suggested;  Sec.  2 
will  be  read. 

(Reading  of  Sec.  2.) 

No  objection  to  Sec.  2;  Sec.  3  will  be  read. 

(Reading  of  Sec.  3.) 

Mr.  P>AXTER.  I  would  like  to  call  attention  to  one  wora 
in  Sec.  3.  It  seems  to  me  that  the  word  "polls"  should  be  used 
instead  of  the  word  "electons." 

Mr.  PRESIDENT.  Does  the  gentleman  make  a  motion  to 
amend  ? 

Mr.  BAXTER.  Yes,  I  will  move  that  the  word  "elections" 
in  the  second  line  of  Sec.  3  be  stricken  out  and  the  word  "polls'^ 
substituted. 

Mr.  PRESIDENT.  It  is  moved  to  amend  by  striking  out 
the  word  "elections"  in  the  second  line  of  Sec.  3,  and  inserting 
in  lieu  thereof  the  word  "polls."  Are  you  ready  for  the  ques- 
tion? All  in  favor  of  the  amendment  proposed  by  the  gentle- 
man from  La  ramie,  Mr.  Baxter,  will  say  aye;  contrary  no. 
The  noes  have  it;  the  motion  to  amend  is  lost. 

Sec.  4  will  be  read. 
(Reading  of  Sec.  4.) 

Any  amendments  to  Sec.  4?  The  chair  hears  none;  Sec.  5 
will  be  read. 

(Reading  of  Sec.  5.) 

.Mr.  CLARK.  I  move  to  amend  Sec.  5  by  adding  to  the 
section  "or  shall  have  legally  declared  within  this  state  his 
intention  to  become  such,  at  least  one  year  prior  to  the  elec- 
tion at  which  said  elector  seeks  to  cast  his  vote." 

Mr.  PRESIDENT.  Will  the  gentleman  present  his  amend- 
ment in  writing?  While  waiting  for  the  amendment  suggested 
to  Sec.  5  we  will  pass  on  to  the  consideration  of  other  sec- 
tions. 

(Reading  of  Sec.  6.) 

No  objection  to  Sec.  6;  Sec.  7  will  be  read. 

(Reading  of  Sec.  7.) 


43° 


CONSTITUTIONAL  CONVENTION. 


Xo  amendments  to  Sec.  8;  Sec.  9  will  be  read. 
(Reading1  of  Sec.  9.) 

Mr.  CLARK.     I  move  you,  Mr.  Chairman,  that  Sec.  9  be 
stricken  out. 

Mr.  CAMPBELL.    Second  the  motion. 

Mr.  PRESIDENT.     It  is  moved  and  seconded  that  Sec.  9 
be  stricken  from  the  bill.    Are  you  ready  for  the  question? 

Mr.  CLARK.  Unfortunately,  perhaps,  for  myself,  and  fort- 
unately for  the  convention,  I  was  absent  when  this  matter  was 
discussed,  and  probably  the  views  I  have  on  the  subject  are 
substantially  those  that  were  stated  by  gentlemen  who  feel 
the  same  as  I  do  in  regard  to  the  wisdom,  and  in  regard  to  the 
justice  of  inserting  an  educational  test  as  a  qualification  for 
an  elector.  In  speaking  of  this  with  some  gentlemen  of  the 
convention,  I  am  met  by  the  argument  that  the  educational 
test  is  nothing,  it  does  not  apply  until  1894;  that  it 
shall  not  apply  until  every  voter  in  the  territory  shall  have  had 
an  opportunity  to  acquire  the  necessary  education,  if  when  you 
use  the  term  education  you  mean  such  as  will  enable  him  to 
read  the  constitution  of  the  state.  I  take  the  ground,  Mr.  Pres- 
ident, that  in  making  our  qualifications  for  voters,  we  should 
make  no  educational  qualifications,  and  the  ability  to  read  the 
constitution  oi'  the  state  or  the  constitution  of  the  United 
States,  I  take  it  is  purely  an  educational  qualification.  The 
only  qualificaton  I  believe  in,  that  I  think  we  ought  to  have, 
is  such  a  qualification  as  goes  to  the  -manhood  of  the  voter.  I 
myself  cannot  go  into  my  county,  and  I  am  sure  that  the 
gentlemen  from  Sweetwater  cannot  go  into  their  county,  I 
am  speaking  from  personal  experience  and  observation,  and  1 
believe  other  gentlemen  could  not  go  into  their  counties  and 
present  to  the  people  for  their  adoption  a  constitution  that 
would  virtually  disenfranchise  citizens  who  have  been  voting 
for  twenty  years,  and  citizens  counted  among  the  best  in  their 
counties. 

Mr.   TESCHEMACHER.     Before  he   goes   any   further,   I 
would  ask  him  to  read  the  next  section  of  the  bill. 

Mr.  CLARK.  I  have  noticed  and  shall  speak  of  the  clause 
which  says  this  shall  not  apply  to  present  citizens  of  the  ter- 
ritory of  Wyoming.  The  man  I  will  mention  now,  I  mention 
simply  by  way  of  argument.  I  would  ask  the  gentlemen  if 
they  can  go  before  their  people  and  ask  for  the  adoption  of  a 
constitution  that  would  prevent  Phillip  Mass  voting  in  the 
state  elections?  If  it  prevented  Philip  Mass  from  voting  it  pre- 
vents other  men  of  equal  ability,  of  equal  natural  education, 
of  an  education  higher  than  the  education  of  schools  if  he  comes 
in  thisjvear  or  next  year,  or  the  year  after.  I  take  it  upon  the 
ground  that  the  highest  and  best  knowledge  is  not  gauged  by 
a  man's  ability  to  read  a  particular  document,  and  as  I  said  at 
'.the  beginning  we  should  gauge  qualification  not  by  his  ability  to 


PROCEEDINGS  AND  DEBATES. 


431 


read  or  write,  but  we  should  gauge  it  by  the  worth  of  the  man, 
or  the  worth  of  the  woman,  who  seeks  to  exercise  the  elective 
franchise.  This  clause  prevents  a  man  who  has  made  himself 
known  in  a  community,  and  is  possessed  of  all  that  knowledge 
that  goes  to  make  up  a  good  man,  this  prevents  him  from  cast- 
ing his  ballot,  while  by  his  side  is  a  man  who  is  learned  in  all 
the  knowledge  of  the  schools,  who  can  write  your  name  as 
well  as  you  can  write  it  yourself,  and  is  very  apt  to  write  your 
name  as  well  as  you  can  write  it  and  without  your  knowledge 
and  consent,  it  gives  him  the  right  to  vote  but  disfranchises  th? 
man  wno  nas  that  higher  and  better  education  and  worth.  I 
am  opposed  now  and  always  to  any  limit  of  this  kind  upon 
the  elective  franchise. 

Mr.  HOPKINS.  I  should  like  to  ask  Mr.  Clark  how  many 
this  would  disfranchise  besides  these  honest  people? 

Mr.  CLARK.  I  believe  it  would,  if  carried  out  to  the  letter, 
disenfranchise  three-fourths  of  the  members  of  this  convention. 
This  perhaps  needs  a  little  explanation.  If  it  had  been  the  con- 
stitution of  the  United  States  I  would  have  said  disenfranchis- 
ed every  man,  that  is,  read  the  constitution  to  know  what  it 
means,  except  two  or  three  who  have  been  able  to  read  it  af- 
ter years  of  study  and  knowledge  gained  in  the  reading  of  it, 
I  believe  three-fourths  at  least  of  the  members  of  this  conven- 
tion would  not  be  able  to  read  the  constitution  of  the  United 
States  in  the  broadest  sense  of  the  term. 

Mr.  CAMPBELL.  I  call  for  the  ayes  and  nays  on  this  amend- 
ment. 

Mr.  PRESli  )KNT.  The  question  is  on  the  striking  out  of  File 
68.  Sec. 9.  The  ayes  arid  nof-s  are  called  for.  Is  there  objection 
to  the  vote  being  taken  by  the  ayes  and  noes?  The  chair  hears 
none.  So  many  as  are  of  the  opinion  that  Sec.  9  be  stricken  out 
of  File  68  will  say  aye  as  their  names  are  called;  contrary  no. 
The  secretary  will  call  the  roll. 

Mr.  BAXTER.  I  wish  to  say  in  explaining  my  vote  on  this 
particular  section,  up  to  this  time  there  is  no  provision  in  the 
"bill  by  which  citizens  of  the  territory  at  the  time  of  the  adop- 
tion of  the  constitution  shall  be  exempted  from  the  provisions 
of  Sec.  9.  With  the  understanding  that  such  a  section  will  be 
adopted,  and  that  no  citizen  of  the  territory  at  the 
time  of  the  adoption  of  the  constitution  will  be  effected 
I  should  vote  aye. 

Mr.  PRESIDENT.  The  convention  cannot  inform  the  gen- 
tlemen only  on  the  amendment  to  strike  out.  The  gentleman 
has  the  right  to  explain,  but  having  made  his  explanation,  his 
vote  is  demanded.  __. 

Mr.  BAXTER.    With  that  explanation  I  vote  no. 

Mr.  HOLDEN.  I  desire  to  say  this.  That  taking  into  con- 
sideration the  fact  that  there  are  a  few  citizens  now  resident  in 


432  CONSTITUTIONAL  CONVENTION. 

this  territory  or  who  are  likely  to  become  citizens  of  this  terri- 
tory, Avho  will  be  just  exactly  in  the  condition  of  the  gentleman 
named  by  my  colleague,  Mr.  Clark,  yet  feeling  that  if  I  \vas  in. 
the  same  condition  as  Mr.  Mass  referred  to,  possessing  his  intel- 
ligence, which  I  very  much  doubt,  niy  being  in  possession  of 
that  amount  of  intelligence,  and  realizing  that  my  vote,  if  I 
were  permitted  to  enjoy  it,  Avas  liable  to  be  counteracted  by  the 
votes  of  thousands  of  the  ignorant  horde,  I  would  stand  back 
with  my  hands  folded  in  order  that  the  greatest  good  to  the  men- 
and  women  who  have  helped  to  make  this  territory  a  great  com- 
monwealth, might  be  accomplished,  and  for  that  reason  I  would 
vote  no. 

Mr.  BAXTER.  My  friend  here  on  the  right  discovered  I 
was  in  confusion  before  I  did  myself,  and  to  make  myself  clear 
I  want  to  say  this.  In  the  absence  of  any  provision  adopted  at 
this  time  exempting  citizens  who  are  here  now,  I  am  unwilling 
to  put  this  in  the  constitution,  and  I  find  that  I  did  not  under- 
stand the  way  the  question  was  put.  I  meant  to  vote  aye. 

Mr.  PRESIDENT.  The  gentleman  from  Laramie,  Mr.  Bax- 
ter, desires  to  change  his  vote  from  no  to  aye.  Is  there  objec- 
tion? The  record  will  show  that  Mr.  Baxter  voted  aye. 

Gentlemen,  the  vote  on  the  proposed  amendment  is  as  fol- 
lows : 

Ayes,  15;  noes,  26.  The  amendment  is  lost. 

The  secretary  will  read  the  next  section  . 

(Reading  of  Sec.  10.) 

Mr.  RINER,    In  order  to  be  consistent  I  move  to  strike  out 
Sec.  10. 

Mr.  PRESIDENT.  The  gentleman  from  Laramie,  Mr.  Rineiy 
moves  to  strike  out  Sec.  10.    Is  there  a  second  to  the  motion  ? 

Mr.  CAMPBELL.    Second  the  motion. 

Mr.  PRESIDENT.  The  question  is  on  the  amendment  to 
File  68,  to  strike  out  Sec.  10  as  read.  Are  you  ready  for  the 
question. 

Mr.  COFFEEN.  I  don't  desire  to  occupy  the  time  and  only 
wish  to  say  that  as  we  have  one  section  now  consistency  de- 
mands of  those  who  favored  the  other  section  that  wTe  also  re- 
tain this  section.  I  shall  therefore  sustain  this  section. 

Mr.  RINER.  I  don't  care  to  discuss  the  proposition  at 
length,  and  I  don't  know  that  I  am  especially  opposed  to  an  ed- 
ucational qualification  for  the  right  of  suffrage.  However  if 
we  are  to  have  any  such  qualification  let  us  have  it.  Now  there 
arc  in  this  territory  today  and  will  be  at  the  adoption  of  the  con- 
stitution at  least  a  thousand  or  fifteen  hundred  votes  that  will 
be  cast  for  the  adoption  of  this  constitution,  who  are  unable  to 
read  this  constitution,  and  why  if  you  are  going  to  have  an  edu- 
cational qualification  for  the  right  of  suffrage,  why  except 
these?  If  it  is  necessary  that  a  man  or  woman  must  read  this 


PROCEEDINGS  AND  DEBATES.  433 

constitution  in  order  that  lie  may  enjoy  his  rights  as  a  citizen 
of  the  United  Stales,  I  ask  in  the  name  of  reason  why  should 
that  prohibition  nol  apply  to  those  who  are  already  in  that  con- 
dition? I  cannot  for  the  life  of  me  see  why  that  should  be  any 
reason,  that  simply  because  a  man  at  the  adoption  of  ihis 
constitution  happens  to  be  located  within  the  territory  of 
Wyoming,  if  he  is  unable  to  read  the  constitution,  why  he 
should  enjoy  the  right,  while  the  man  who  comes  in  here  after 
the  day  of  election  shall  not.  I  say  the  thing  is  inconsistent 
a.nd  unreasonable.  If  we  are  to  have  an  educational  qualifi- 
cation  to  exercise  the  right  of  suffrage,  let  us  have  it,  and  have 
it  now,  and  make  it  apply  to  everybody  who  at  the  adoption 
of  this  constitution  is  unable  to  read  the  constitution. 

Mr.  HOYT.  I  can  answer  the  gentleman  in  just  a  word. 
The  reason  the  provision  does  not  apply  to  those  now  in  the 
territory  is  because  they  came  here  when  there  was  no  restric- 
tion, they  have  acquired  property  here,  and  this  right  is  in  the 
nature  of  a  vested  right,  with  them,  so  it  would  not  be  right 
to-  take  it  from  them. 

Mr.  RINER.  I  say  there  can  be  no  vested  right  in  the  right 
of  suffrage. 

Mr.  HOYT.    I  said  in  the  nature  of  a  vested  right. 

Mr.  RINER.  Let  us  have  a  qualification  pure  and  simple, 
and  have  it  now  if  we  have  it  at  all.  For  myself  I  cannot  see 
the  difference,  and  can  see  no  reason  why  it  should  not  apply 
to  the  man  already  here,  and  shall  apply  to  the  man  who 
comes  here  later  on.  I  apprehend  there  is  another  question, 
which  if  the  truth  was  known,  lies  at  the  foundation  of  this 
section,  wrhen  you  submit  your  constitution  to  the  people  you 
are  giving  to  fifteen  hundred  people  who  cannot,  read  and  write 
the  right  to  vote,  and  say  that  the  fifteen  hundred  who  come 
later  on  shall  not  have  the  right  to  vote.  Is  there  anything  in- 
consistent in  that?  I  say  there  is  most  certainly.  It  is  for  the 
purpose  of  allowing  fifteen  hundred  men,  and  I  don't  think  that 
I  have  it  too  high,  who  are  unable  to  read,  to  say  we  adopt  this 
constitution,  and  we  cut  off  the  right  of  suffrage  from  those 
who  come  hereafter  in  the  same  condition  that  we  are.  I  say 
if  we  are  going  to  have  an  educational  qualification  let  us  have 
it  and  ha.ve  it  now,  and  let. those  who  are  able  to  read  say 
whether  or  not  we  shall  deprive  those  unable  to  read  of  the 
right  of  suffrage,  and  not  let  fifteen  hundred  men  who  are  un- 
a.ble  to  read  say  that  fifteen  hundred  other  men  shall  not  have 
the  same  privilege.  The  purpose  of  the  section  is  to  help  se- 
cure the  adoption  of  the  constitution,  and  I  say  it  is  unfair. 

Mr.  PRESTON.    The  only  reason  I  see  for  the  adoption  of 
this  section  is  that  it  is  a  kind  of  electioneering  scheme  to 
catch  the  fifteen  hundred  votes  here  now  who  cannot  read. 
For  tnat  reason  I  am  opposed  to  it. 
28  — 


434  CONSTITUTIONAL  CONVENTION. 

Mr.  MORGAN.  I  voted  to  strike  out  Sec.  9  because  I  did 
not  believe  in,  nor  want  to  have  a  qualification  of  tliat  kind. 
I  shall  favor  Sec.  10  as  read  because  I  shall  get  a  little  of  what 
I  want  by  this. 

Mr.  CAMPBELL.  I  stand  in  about  the  same  position  as 
Mr.  Morgan.  I  believe  in  taking  one-half  if  you  cannot  get  the 
whole,  so  I  will  vote  against  striking  out  that  section. 

Mr.  TESCHEMACHER,  I  will  rise  to  deny  that  this  is  an 
electioneering  scheme,  it  is  an  historical  scheme,  and  dates 
away  back  to  a  time  when  electioneering  methods  as  we  know 
them  now  in  various  parts  of  the  territory,  were  never  thought 
of.  This  very  same  provision  goes  back  to  the  adoption  of 
the  constitution  of  the  state  of  Maryland,  adopted  in  the  year 
1820,  in  the  good  old  days  when  our  fathers  were  perfectly  hon- 
est. The  same  thing  appears  in  the  constitution  of  Connecti- 
cut, which  was  adopted  in  1855,  that  was  also:  a  few  days  be- 
fore the  Republican  party  was  founded,  and  before  all  these 
new  and  various  methods  were  discovered. 

Mr.  CLARK.  Do  you  endorse  the  constitution  of  Connec- 
ticut? 

Mr.  TESOHEMACHER.  I  have  never  read  it, 
Mr.  CLARK.    You  don't  want  to. 

Mr.  TESCHEMACHER,  I  won't  go  into  any  more  histori- 
cal questions  except  to  say  that  it  is  a  well  known  fact  that 
wrhenever  the  suffrage  has  been  granted,  whether  as  a  privi- 
lege or  a  vested  right,  I  don't  care  what  you  call  it,  that  privi- 
ledgs  has  never  been  taken  away.  The  Republican  party 
granted  that  privilege  to  a  great  many  people  that  were  ig- 
norant so  far  as  reading  and  writing  were  concerned,  and  the 
Republican  party  has  seen  where  they  made  a  mistake.  Mis- 
take or  not  it  has  never  been  taken  away,  and  nev- 
er will  be  taken  away,  and  the  same  defense 
has  been  made  on  this  very  floor  in  regard. to  the  female  suf- 
frage question  that  it  having  been  once  granted  to  them  we 
de  not  propose  to  take  it  away.  The  suffrage  once  granted  is 
never  taken  away,  and  that  is  the  reason  this  clause  stands  in 
this  article  as  reported  by  the  committee.  Not  only  do  we  al- 
low all  men  who  cannot  read,  but  are  at  present  electors  in 
this  territory,  to  vote  on  this  constitution,  and  to  vote  in  this 
state,  but  we  have  provided  further  that  only  American  citi- 
zens shall  vote  in  this  state;  that  nobody  for  the  next  five  years 
shall  be  deprived  of  that  right,  where  he  has  declared  his  in- 
tention to  become  a  citizen,  the  present  law  giving  a  man  who 
has  declared  his  intention  the  right  of  suffrage,  this  gives  him 
five  years  to  qualify.  I  think  on  the  face  of  it  any  such  restric- 
tion is  not  an  electioneering  scheme. 

Mr.  BARROW.  I  don't  pretend  to  know  anything  about 
the  question,  but  I  agree  with  Mr.  Preston,  this  is  nothing  but 


PROCEEDINGS  AND  DEBATES. 


435 


$in  electioneering  scheme,  I  believe  the  object  is  to  get  the  ap- 
proval of  the  constitution  from  the  thousand  voters  we  have 
with  us  now  who  are  unable  to  read  or  write,  but  as  I  believe 
it  is  a  good  electioneering  scheme  I  shall  vote  for  the  section. 

Mr.  SMITH.  It  is  unnecessary  to  enter  into  any  argument 
upon  this  proposition,  it  has  been  gone  over  before,  and  I  think 
the  members  understand  it.  I  just  want  to  say  this  about 
the  fifteen  hundred  people  who  cannot  read  this  constitution. 
It  has  been  referred  to  as  a  political  scheme,  the  persons  who 
have  been  referred  to  is  just  the  element  that  we  complain  of 
in  Carbon,  Sweetwater  and  Uinta  counties.  Now  for  these 
people  I  will  say  that  the  percentage  who  cannot  read  is  no 
greater  than  among  lots  of  others,  they  cannot  read  it  in  the 
English  language,  but  if  you  put  it  in  their  language  they  can 
.  read  it  as  well  as  we  can,  so  it  don't  injure  them  at  all  so  far 
as  their  qualifications  are  concerned,  and  they  will  vote  just  as 
well  as  other  people  will. 

Mr.  CHAIRMAN.  Are  you  ready  for  the  question?  The 
question  is  on  the  motion  to  strike  out  Sec.  10. 

Mr.  CLARK.  I  ask  that  the  section  proposed  to  be  stricken 
out  be  read  before  the  vote  is  taken. 

Mr.  PRESIDENT.  If  there  is  no  objection  the  section  will 
be  read. 

(Reading  of  Sec.  10.) 

The  question  is  on  striking  out  Sec.  10  as  read.  So  many 
•as  are  of  the  opinion  that  Sec.  10  be  stricken  out. 

Mr.  CAMPBEL.     I  call  for  the  ayes  and  noes. 

Mr.  PRESIDENT.  The  gentleman  calls  for  the  ayes  and 
noes. 

Mr.  PRESTON.  As  a  matter  of  information  I  would  like  to 
ask  whether  the  constitution  can  be  translated  by  signs. 

Mr.  PRESIDENT.  The  gentleman  is  out  of  order.  Is  there 
objection  to  the  ayes  imd  noes  being  taken?  The  chair  hears 
none.  The  ayes  and  noes  will  be  taken  by  unanimous  consent. 
The  question  is  on  striking  out  Sec.  10  of  File  68  as  read.  So 
many  as  are  of  the  opinion  that  the  section  should  be  stricken 
out  will  say  aye  as  their  names  are  called;  those  of  the  oppo- 
site opinion  will  say  no.  The  secretary  call  the  roll. 

Roll  call. 

Mr.  MORGAN.  Before  the  vote  is  announced  I  think  it  is 
right  first  to  have  the  list  read  over,  to  see  if  there  is  any  mis- 
take. 

Mr.  PRESIDENT.  Is  it  the  desire  of  the  convention  to  have 
the  call  read,  showing  the  vote  of  each  member  before  the  re- 
sult is  announced?  It  will  be  read  tomorrow  in  the  journal. 

Mr.  MORGAN.  If  so,  then  I  don't  think  it  necessary  to  have 
it  read  now.  My  idea  was  simply  to  have  any  mistakes  cor- 
rected- 


436  CONSTITUTIONAL  CONVENTION. 

Mr.  PRESIDENT.  The  chair  asks  is  there  objection  to  the 
roll  being  read? 

Mr.  REED.  As  the  vote  has  been  once  taken,  I  don't  see 
any  reason  for  going  over  it  again;  it  seems  to  me  that  is 
is  only  taking  up  time. 

Mr.  PRESIDENT.  The  vote  will  be  announced.  Gentle- 
men, the  vote  on  the  motion  to  strike  out  is  as  follows :  Ayes, 
5;  noes,  3(>.  The  motion  to  strike  out  is  lost,  The  secretary  will 
read  the  next  section. 

(Reading  of  Sec.  11.) 

The  chair  hears  no  amendment  suggested  to  Sec.  11.  Is 
there  any? 

Mr.  CAMPBELL.  I  would  like  to  ask  if  there  is  anything 
in  this  election  report  which  provides  that  the  ballots  shall 
all  be  printed  on  the  same  kind  of  paper.  Inasmuch  as  I  have 
not  got  a  copy  of  the  supplementary  report,  I  don't  know 
what  is  in  it. 

xMr.  COFFEEN.  As  the  author  of  that  section  I  wilJ  say 
tha't  there  is  none  that  they  should  ba  on  the  same  kind  of  pa- 
per and  on  the  same  size  of  paper.  I  thought  we  could  safely 
trust  that  to  the  legislature,  but  if  the  convention  thinks  it  is 
not  safe  we  can  of  course  put  it  in. 

Mr.  PRESIDENT.    The  chair  hears  no  amendment  offered 
to  Sec.  11.    The  secretary  will  read  Sec.  12. 
(  Reading  of  Sec.  12.) 

Mr.  PRESIDENT.  Is  there  any  objection  to  Sec.  12?  The 
chair  hears  none.  The  section  stands  approved  as  read. 

Mr.  CLARK.  I  now  wish  to  present  my  amendment  to 
Sec.  5. 

Mr.  PRESIDENT.  The  secretary  will  read  the  amendment 
proposed  by  the  gentleman  from  Uinta,  Mr.  Clark. 

SECRETARY.  To  amend  Sec.  5  by  adding  to  the  section 
"or  shall  have  legaly  declared  within  this  state  his  inten- 
tion to  become 'such  at  least  one  year  prior  to  the  election  at 
which  said  elector  seeks  to  cast  his  vote." 

Mr.  HOPKINS.  I  think  this  section  is  a  contradiction  of 
one  already  passed,  not  in  the  printed  bill,  but  one  of  the  other 
sections. 

Mr.  PRESIDENT.  The  question  is  upon  the  amendment 
as  offered  by  Mr.  Clark,  of  Uinta.  All  in  favor  of  the  amend- 
ment will  say  aye;  contrary  no.  The  noes  have  it;  the  amend- 
ment is  lost.  Any  other  amendments  to  be  offered  to  the 
bill?  I  would  call  attention  of  the  members  to  the  last  clause 
or  sentence  in  Sec.  9,  "this  section  shall  not  take  effect  until 
July  1st,  1894."  It  seems  to  me  that  Sec.  10,  "Nothing  herein 
contained  shall  be  construed  to  deprive  any  person  of  the 
right  to  vote,  who  has  such  right  at  the  time  of  the  adoption 


PROCEEDINGS  AND  DEBATES. 


437 


•of  this  constitution,"  leaves  that  matter  entirely  safe.  It  adds 
no  force  or  effect  to  the  bill,  and  it  seems  to  me  it  might  as 
-well  be  stricken  out. 

Mr.  CAMPBELL.  I  suppose  the  idea  was  to  give  the  peo- 
ple who  can't  read  the  constitution  of  Wyoming  until  1891  to 
study. 

Mr.  HOLDEN.  It  seems  to  me  that  the  last  line  of  Sec.  9, 
ought  to  be  stricken  out,  and  for  that  reason  I  move  we  strike 
out  that  provision  which  says  it  shall  not  take  effect  until 
1894. 

Mr.  PRESIDENT.  The  motion  is  to  strike  #ut  the  last 
sentence  of  Sec.  9,  Are  you  ready  for.  the  question? 

Mr.  HOLDEN.  It  seems  to  me  that  the  right  of  all  electors 
now  residing  in  this  territory  are  amply  secured  under  other 
provisions,  and  I  think  we  might  as  well  hang  this  notice  out 
at  the  present  time,  and  declare  in  emphatic  terms  that  we 
don't  want  any  more  of  these  ignorant  people,  and  if  they  come 
they  must  be  subject  to  this  provision;  I  think  we  ought  to 
•strike  that  provision  out. 

Mr.  HOYT.  I  simply  want  to  call  attention  to  the  differ- 
ence in  the  kind  of  qualification.  Sec.  5  relates  to  citizensliip. 
Sec.  9  refers  to  the  educational  qualification;  relates  to  their 
ability  to  read.  Now  I  am  in  favor  of  its1  applying  to  the  ed- 
ucational qualification,  that  they  might  have  time  to  qualify, 
to  learn  to  read,  but  on  the  other  side  it  seems  to  me  that  the 
same  necessity  does  not  exist,  but  in  order  to  make  the  two 
sections  consistent,  it  seems  to  me  that  it  might  be  well  to  be- 
gin Sec.  5  with  the  words  "After  July  1st,  1894,"  so  that  there 
will  be  no  question  about  it. 

Mr.  SMITH.  I  just  want  to  call  attention  to  this.  In  Sec. 
10  we  say  after  five  years  none  but  citizens  shall  have  the  right 
to  vote,  and  if  you  strike  out  this  clause  under  the  motion  of 
the  gentleman  from  Uinta,  why  you  put  the  educational  quali- 
fication in  effect  immediately,  and  I  don't  think  it  ought  to  be 
immediately.  The  five  year  limit  in  the  other  clause  refers  to 
the  citizen  qualification,  and  not  to  the  educational  qualifica- 
tion at  all. 

Mr.  PRESIDENT.  The  question  is  on  the  motion  to  strike 
out  the  latter  part  of  Sec.  9,  "This  section  shall  not  take  effect 
until  July  1st,  1894."  All  in  favor  of  the  motion  will  say  aye; 
contrary  no.  The  chair  is  in  doubt.  Those  in  favor  of  striking 
out  will  rise  and  stand  until  counted — 19.  Those  opposed  will, 
rise — 18.  The  motion  to  strike  out  prevails.  Any  further 
amendments  to  be  offered  to  File  68?  Is  there  objection  to  the 
file  being  placed  upon  its  final  passage?  The  chair  hears  none. 
File  6S  will  now  be  finally  read  and  put  upon  its  'Inal  passage. 


438  CONSTITUTIONAL  CONVENTION. 

If  the  convention  desires  to  further  amend  before  final  reading,, 
it  can  be  so  amended.  The  file  is  still  before  the  house  for- 
amendment. 

Mr.  SMITH.  I  move  that  Sec.  9  as  amended  be  stricken  out. 
I  make  this  motion  for  the  purpose  of  getting  on  the  record 
that  Hie  s( risking  out  of  the  latter  olanse  puts  the  educational 
qualification  in  force  at  once,  and  I  object  to  that. 

Mr.  TESCHEMA.CHER.  I  rise  to  a  point  of  order.  That 
amendment  has  already  been  made  to  the  bill  and  decided  in 
the  negative.  The  same  amendment  cannot  be  made  twice. 

Mr.  SMITH.    The  section  has  since  been  amended. 

Mr.  PRESIDENT.  The  point  of  order  is  not  well  taken. 
It  is  moved  that  Sec.  9  as  amended  be  stricken  out.  Are  you 
ready  for  the  question? 

Mr.  SMITH.  I  just  wish  cimply  to  state  my  reason  for  it. 
As  that  section  stands  the  educational  qualification  Avill  im- 
mediately go  into  effect,  I  take  it  you  cannot  get  any  other 
construction  out  of  it.  With  that  clause  stricken  out  your  edu- 
cational qualification  goes  into  effect  on  the  adoption  of  this 
constitution,  because  the  next  clause  refers  to  a  different  mat- 
ter entirely. 

Mr.  HARVEY.  I  voted  in  favor  of  striking  out,  I  think 
the  section  as  amended  works  an  injustice  to  the  people  who 
are  already  here. 

Mr.  PRESIDENT.  Gentlemen,  I  think  my  learned  friend 
from  Converse  wTas  never  worse  mistaken  than  when  he  says 
that  this  in  any  wise  affects  the  substance  of  this  bill  as  it  was 
originally  presented,  and  before  amendment.  Sec.  9  reads  "No- 
person  shall  have  the  right  to  vote  who  shall  not  be  able  to 
read  the  constitution  of  this  state."  The  provisions  of  this  sec- 
tion shall  not  apply  to  any  person  prevented  by  physical  disa- 
bility from  complying  with  its  requirements.  Sec.  10  says: 
"Nothing  herein  contained  shall  be  construed  to  deprive  any 
person  of  the  right  to  vote  who  has  such  right  at  the  time  of 
the  adoption  of  this  constitution,  unless  disqualified  by  the  re- 
strictions of  Sec.  0  of  this  article."  And  it  don't  matter  if 
this  constitution  goes  into  effect  at  once,  it  does  not  disqualify 
any  man  that  cannot  read,  and  no  such  construction  can  be 
reasonably  put  upon  the  constitution  if  this  goes  into  it.  The 
first  part  of  Sec.  10  settles  the  whole  question  as  to  every 
man  now  in  Wyoming,  or  in  Wyoming  at  the  time  of  the  adop- 
tion of  the  constitution.  The  only  effect  that  this  clause  could 
possibly  have  would  be  to  suspend  the  operation  of  this  clause 
as  to  a  man  coming  into  the  state  between  the  time  of  the  adop- 
tion of  the  constitution  and  the  time  named  in  the  section,  and 
it  can  have  no  other  effect,  I  take  it  that  it  is  not  the  wish  of 
the  gentlemen  of  this  convention  that  we  open  the  doors  of  ig- 
norance for  a  term  of  years.  By  keeping  in  this  part,  this  one 


PROCEEDINGS  AND  DEBATES.  439 

phrase  or  sentence  of  the  preceding  section,  it  will  hold  open 
the  doors  to  any  ignoramous  that  would  not  have  the  right 
to  vote  if  the  section  was  enforced.  Striking  it  out  relieves  us 
of  that,  and  makes  the  whole  clause  reasonable  and  consistent. 
One  other  thing.  We  say  we  are  going  to  adopt  the  constitu- 
tion. We  propose  to  submit  it  to  the  people  whether  it  shall 
go  into  effect  or  not;  could  we  expect  them  to  vote  for  it,  if  af- 
ter the  adoption  of  this  constitution  they  are  to  be  deprived  of 
their  right  to  vote?  It  seems  inconsistent  it  seems  to  me  to  say 
the  least. 

Mr.  SMITH.  I  don't  care  to  go  into  any  argument  of  this 
at  all.  You  all  know  as  well  as  Judge  Brown  or  myself  that  he 
has  not  changed  the  reading  of  these  two  sections  at  all;  they 
refer  to  different  matters,  but  the  first  part  of  the  section 
makes  the  sense  as  to  that  and  not  as  to  this,  but  leaving  this 
sentence  out  it  will  receive  a  strict  construction  and  the  two  sec- 
tions stand  in  conflict. 

Mr.  BROWN.  There  can  be  no  misconstruction  about  this 
and  there  is  none,  and  the  only  inconsistency  there  can  be  ex- 
ists in  the  mind  of  my  friend. 

Mr.  OONAWAY.  I  expressed  my  views  upon  this  question 
raised  for  the  second  time  the  other  day,  but  since  the  discus- 
sion has  reached  the  point  it  has  I  desire  to  place  myself  on  rec- 
ord as  protesting-  against  the  idea  that  the  men  who  cannot 
read  are  necessarily  ignorant  men.  We  know  it  has  been  ad- 
mitted by  gentlemen  on  all  sides  of  this  proposition  that  wt* 
all  know  and  are  acquainted  writh  good  citizens,  efficient  men 
in  different  branches  of  business  who  have  the  misfortune,  and 
not  the  fault,  to  receive  no  education  whatever.  If  our  county 
has  raised  such  men  in  the  past,  it  may  raise  them;  in  the  fu- 
ture. If  the  principle  is  so  defective  and  liable  to  work  such' 
wrong  as  to  make  it  necessary  to  suspend  it  for  five  years, 
it  may  be  necessary  to  suspend  it  longer,  and  I  am  very  glad 
to  have  an  opportunity  to  put  myself  on  record  as  opposed  to 
the  principle.  Now,  gentlemen,  let  me  occupy  your  time  for 
one  moment  more.  It  is  admitted  on  all  hands  that  such  men 
as  Philip  Mass  should  not  be  disqualified.  My  friend  from  Fre- 
mont county  will  admit  that  it  would  be  a  great  evil  to  disqual- 
ify such  a  man  as  James  Smith,  of  South  Pass.  What  less: 
wrong,  what  less  evil  would  it  be  to  disqualify  those  who  live1 
just  over  the  line  upon  the  south,  or  over  the  line  in  Montana,, 
and  should  want  to  move  here.  The  principle  is  wrong,  and 
therefore  I  shall  vote  as  I  always  voted  to  strike  out  this  sec- 
tion entirely. 

Mr.  HARVEY.  If  I  understand  the  gentleman  from  Carbon 
he  is  not  opposed  to  the  principle,  but  he  thinks  an  inconsist- 
ency exists  in  the  two  sections.  If  it  does,  it  seems  to  me 
that  the  revision  committee  can  call  it  to  the  attention  of  the 


CONSTITUTIONAL  CONVENTION. 

house  and  have  it  corrected.  I  think  this  convention  can 
leave  it  to  the  committee  to  correct  the  discrepancy  if  it  exists 
I  am  not  quite  clear  in  my  own  mind  as  to  this  myself. 

Mr.  MORGAN.  I  have  voted  twice  to  strike  out  Sec.  0  be- 
cause I  do  not  believe  in  the  principle.  I  voted  to  keep  in  the 
latter  part  of  this  section  because  it  postponed  this  qualifica- 
tion taking  elTect  until  1894.  I  would  like  to  make  it  lifty 
years  instead  of  five.  It  seems  to  me  that  last  clause  was  in- 
serted as  a  notice  to  people  who  are  coming  here  in  the  future. 
It  gives  them  time  to  qualify  by  learning  to  read,  and  I  should 
like  to  see  it  left  in, 

Mr.  CLARK.  I  voted  against  the  amendment  offered  by  the 
gentleman  from  Laramie,  because  as  I  said  if  I  could  not  get  all 
that  I  wanted,  I  would  take  what  I  could  get,  but  now  that 
you  have  amended  this  and  as  it  stands  now  I  shall  not  even 
get  half  a  loaf,  I  am  in  favor  of  the  amendment  offered  by  Mr. 
Smith  of  Carbon. 

Mr.  CAMPBELL.  As  I  voted  with  the  prevailing  side  I 
believe  I  have  a  right  to  move  a  reconsideration  of  the  vote  to 
strike  out  this  ?94  clause,  and  if  in  order  I  move  a  reconsidera- 
tion in  order  to  bring  this  matter  to  a  vote. 

Mr.  COFFEEN.  There  is  no  necessity  for  reconsidering 
the  vote,  as  this  section  has  been  amended  and  is  not  in  the 
same  condition  as  when  the  vote  was  taken. 

Mr.  PRESIDENT.  The  vote  will  be  taken  on  the  motion  to 
strike  out  all  of  Sec.  9,  as  amended.  Are  you  ready  for  the 
question  ? 

Mr.  CLARK.    I  call  for  the  ayes  and  nays  on  that  question. 

Mr.  PRESIDENT.  If  there  is  no  objection  the  secretary 
will  call  the  roll. 

Roll  call. 

Mr.  PRESIDENT.  Gentlemen,  the  result  of  the  vote  is  as 
follows:  Yeas,  15;  nays,  26.  The  noes  have  it;  the  motion  to 
strike  out  is  lost. 

Mr.  CAMPBELL.  I  move  a  reconsideration  of  the  motion 
to  strike  out  the  last  part  of  Sec.  9. 

Mr.  COFFEEN.    Second  the  motion  . 

Mr.  PRESIDENT.  Gentlemen,  you  have  heard  the  motion, 
a  reconsideration  of  the  vote  has  been  moved.  I  sincerely  hope 
the  vote  will  not  be  reconsidered. 

Mr.  COFFEEN.  One  thing  I  wish  to  call  attention  to  in 
this  connection.  There  are  persons  within  this  territory  who 
are  ^minors,  growing  up,  who  within  five  years  will  be  qualified, 
and  it  is  in  consideration  of  these  minors  that  are  nearly  of  age 
that  I  shall  vote  to  reconsider  the  clause  which  will  guarantee 
to  the  whole  people  of  Wyoming  an  opportunity  to  qualify  un- 
der this  bill  by  the  year  1894. 


PROCEEDINGS  AND  DEBATES.  441 

Mr.  PRESIDENT.  Gentlemen,  you  have  heard  the  motion. 
All  those  in  favor  of  a  reconsideration  will  say  aye;  contrary 
no.  A  division  is  called  for.  All  those  in  favor  of  the  motion 
to  reconsider  will  please  rise — 15;  those  opposed — 26.  The  mo- 
tion to  reconsider  is  lost. 

Mr.  CAMPBELL.  I  would  ask  for  the  reading  of  the  sec- 
tion in  relation  to  registration.  I  mentioned  this  once  before, 
and  the  more  I  consider  it  the  more  convinced  I  am  that  that 
section  is  wrong.  I  move  to  amend  by — 

Mr.  TESCHEMACHER.  I  rise  to  a  point  of  order.  That  sec- 
tion cannot  be  amended.  The  vote  upon  it  has  been  taken  and 
finally  passed  and  no  amendment  to  it  can  be  brought  up 
again. 

Mr.  CAMPBELL.  It  will  disfranchise  one-half  the  persons 
in  the  territory  of  Wyoming,  as  it  stands,  but  if  you  are  willing 
to  go  upon  record  with  it  that  way,  I  can  stand  it  if  you  can. 

Mr.  RUSSELL.  I  would  like  to  state  that  as  this  is  now 
I  can  see  a  chance  for  a  great  deal  of  wrong  in  the  use  of  the 
Jballot  with  this  registration  clause  and  the  other  one  already 
passed.  I  mean  the  educational  clause;  there  may  be  a  great 
many  good  citizens  in  mining  camps  who  wish  to  vote  and  vote 
right.  Now  it  would  be  possible  to  appoint  registers  that 
might  wish  to  influence  the  vote,  and  when  these  men  come  to 
vote  they  might  make  them  read  the  constitution,  and  they 
might  be  able  to  read  it  just  as  good  as  any  man  here  on  this 
floor,  but  through  some  little  incompetency,  through  some  lit- 
tle mistake,  he  might  make  in  his  reading  they  might  prevent 
Mm  from  voting.  I  think  this  is  wrong  and  will  work  a  great 
hardship  throughout  a  good  many  counties  in  the  state,  that 
is  how  I  feel  about  it. 

Mr.  COFFEEN.  I  do  not  believe  the  point  of  order  raised 
"by  the  gentleman  from  Laramie  is  well  taken.  Until  we  are 
ready  to  vote  any  part  of  this  bill  is  subject  to  amendment,  and 
I  also  believe  that  the  section  on  registration  as  it  now  stands 
may  disfranchise  many  men  from  voting  who  may  be  absent 
or  unable  to  register  at  the  time  specified,  and  I  belive  they 
ought  to  have  the  opportunity  to  make  a  proper  affidavit  as  to 
their  qualifications  and  why  they  failed  to  register,  and  that 
evidence  should  be  received,  and  they  should  be  allowed  the  pri- 
vilege to  vote  if  they  can  show  good  and  sufficient  reason  for 
their  failure  to  register.  I  am  in  favor  of  amending  this  sec- 
tion. 

Mr.  PRESIDENT.  The  section  is  subject  to  amendment. 
Are  there  any  suggestions  to  be  offered? 

Mr.  POTTER.  I  believe  we  can  fix  this  without  striking 
out  any  of  it.  I  believe  the  first  part  is  all  right;  that  no  one 
should  be  allowed  to  vote  unless  registered  according  to  law, 
but  I  tMrik  we  should  add  the  folio  wing:  "Unless  the  failure  to 


442  CONSTITUTIONAL  CONVENTION. 

register  is  caused  by  sickness  or  absence,  for  which  provision 
shall  be  made  by  law."  I  move  to  insert  this  after  the  words 
"according  to  law"  in  that  section. 

Mr.  PRESIDENT.  Gentlemen,  yon  have  heard  the  motion.. 
Are  you  ready  for  the  question?  All  those  in  favor  of  the 
amendment  offered  by  the  gentleman  from  Laramie  will  say 
aye;  those  opposed  no.  The  ayes  have  it;  the  section  is  so 
amended.  What  is  your  pleasure,  gentlemen,  as  to  File  No.  68?" 
Mr.  HAY.  I  move  it  be  put  upon  its  final  passage  and  the 
vote  taken. 

Mr.  PRESIDENT.  Gentlemen,  it  moved  that  File  No.  68 
as  now  amended  be  finally  read  and  put  upon  its  final  pas- 
sage. All  in  favor  of  the  motion  will  say  aye;  contrary  no. 
The  ayes  have  it;  the  motion. prevails.  The  file  will  be  read  at 
length  as  amended. 

(Final  reading  of  File  68.) 

The  question  is  on  the  final  passage  of  the  file.  All  in 
favor  of  the  motion  that  File  No.  68  be  adopted  as  a  part  of 
the  constitution  will  say  aye  as  their  names  are  called;  those 
of  the  contrary  opinion  will  say  no.  The  secretary  will  call 
the  roll. 

Mr.  CAMPBELL.  I  merely  wish  to  say  again  that  I  must 
protest  against  this  educational  qualification,  which  I  believe 
is  all  wrong,  but  inasmuch  as  this  file  contains  so  much  good, 
I  vote  aye. 

Mr.  CLARK.  I  rise  to  explain  my  vote.  There  is  a  good 
deal  that  I  would  be  glad  to  support,  particularly  Sec.  1,  of 
this  file,  but  inasmuch  as  I  believe  this  discriminates  against 
men  who  have  as  much  right  and  are  as  capable  of  evercislng 
the  elective  franchise  as  any  gentlemen  upon  this  floor,  I  am 
constrained  to  vote  no. 

Mr.  CONAWAY,  There  are  a  good  many  good  things  in 
this  bill,  especially  Sec.  1,  and  inasmuch  as  my  vote  on  tins 
bill  will  not  effect  that  section  which  gives  to  women  the  right 
to  vote,  and  as  I  consider  this  bill  contains  more  evil  and  wrong 
than  good,  I  vote  no. 

Mr.  PRESTON.    I  desire  to  explain  my  vote.    Inasmuch  as 
,  Sec.  9  will  deprive  some  citizens  of  the  United  States  that  in- 
tend to  remove  to  Wyoming  of  having  an  equal  voice  in  the  af- 
fairs of  this  country,  I  vote  no. 

Mr.  POTTER.    I  ask  to  have  Mr.  Palmer  vote  on  this  file. 

Mr.  PRESIDENT.    Mr.  Palmer  will  answer  to  the  roll  call. 

Mr.  PALMER.  I  desire  to  explain  my  vote.  I  am  opposed 
to  woman's  suffrage,  but  there  is  so  much  good  in  that  bill  I 
vote  ave. 


PROCEEDINGS  AND  DEBATES.  443; 

Mr.  PRESIDENT.  Gentlemen,  your  vote  on  File  08  is  us 
follows:  Ayes,  30;  noes,  12.  By  your  vote  you  have  adopted 
File  G8  as  amended  as  a  part  of  the  constitution  of  Wyoming. 

File  68  will  be  referred  to  the  committee  on  revision. 

The  question  is  now  on  the  final  reading  of  File  70.  In 
order  that  the  convention  may  be  fully  informed  of  the  con- 
tents of  the  file,  it  will  be  read  at  length. 

(Final  reading  of  File  70.) 

Mr.  CAMPBELL.  I  have  no  amendment  to  make,  but  I 
would  like  to  say  a  few  words  to  the  convention  before  this 
is  put  upon  its  final  passage. 

Mr.  PRESIDENT.  Is  there  any  amendment  to  be  offered 
to  the  file?  If  there  are  no  amendments  to  be  offered  the  gen- 
tleman may  proceed. 

Mr.  CAMPBELL.  I  would  like  to  say  to  this  convention 
that  this  is  the  first  time  I  have  read  the  bill.  This  bill,  if  it 
passes,  introduces  a  new  element  in  the  relation  of  master 
and  servant,  and  I  take  it  that  if  it  is  passed  no  corporation 
or  person  can  afford  to  engage  in  any  business  whatever.  The 
doctrine  of  master  and  servant  is  pretty  well  defined,  the 
courts  are  getting  away  from  the  rule  further  every  year  and 
giving  it  a  more  liberal  construction  in  favor  of  the  servant, 
and  against  the  master,  and  I  take  it  that  any  provision  that 
goes  to  the  extent  that  this  goes,  would  make  it  impossible  for 
any  railroad  company  or  any  corporation  to  do  business  with- 
in the  state  of  Wyoming  without  going  into  absolute  bankrupt- 
cy. It  says  that  "it  shall  be  unlawful  for  any  person,  com- 
pany or  corporation  to  require  of  its  servants  or  employes  as 
a  condition  of  their  employment  or  thenvise,  any  contract 
whereby  such  person,  company  or  corporation  shall  be  re- 
leased or  discharged  from  liability  or  responsibility  on  account 
of  personal  injuries  received  by  such  servants  or  employes 
wiiile  in  service  of  such  person,  company  or  corporation,  by  rea- 
son of  the  negligence  of  such  person,  company  or  corporation, 
or  the  agents  or  employes  thereof,  and  such  contracts  shall 
be  absolutely  null  and  void."  It  means  this,  if  anything,  if 
a  section  man  .working  upon  a  railroad  is  injured  by  another 
section  man,  that  the  company  will  be  responsible  for  that 
injury.  All  that  a  corporation  should  be  held  to,  and  they 
should  be  held  strictly  to  that,  is  that  they  should  be  held  re- 
sponsible for  the  injuries  of  a  servant  not  in  the  same  line  of 
employment,  or  responsible  for  the  negligence  of  such  servants 
as  are  placed  above  the  other  servant  in  employment,  and  in 
which  the  inferior  servant  is  bound  to  obey  the  instructions 
of  the  superior  servant.  That  is  as  far  as  you  should  go,  and 
not  hold  them  responsible  for  the  injury  of  one  servant  to  an- 
other in  the  same  line  of  employment.  I  will  go  a  little  furth- 


.444  CONSTITUTIONAL  CONVENTION. 

er  to  make  myself  clear.  I  take  it  that  a.  railroad  company 
should  be  responsible  for  the  injuries  which  a  section  man  re- 
ceives by  reason  of  the  negligence  of  the  dispatcher;  it  should 
be  responsible  for  the  injuries  of  a  section  man  by  reason  of 
the  negligence  of  the  train  master,  or  the  road  master,  or  I 
will  go  a  little  further,  by  reason  of  the  negligence  of  the 
foreman  in  charge  of  that  particular  gang  of  men,  but  I  don't 
think  that  any  company  should,  or  any  individual  should,  be 
lield  liable  for  the  injuries  caused  by  one  working  alongside 
of  him  in  the  same  employment.  On  this  question  I  was  en- 
lightened yesterday.  After  this  matter  came  up,  1  made  a 
casual  inquiry  of  one  of  the  officials  of  our  railroad  company 
here,  and  the  amount  that  is  already  paid  by  corporations, 
especially  by  the  railroad  corporation  that  runs  through  the 
lower  part  of  this  territory,  is  enormous,  the  amount  that  they 
already  have  to  pay  out  by  reason  of  the  negligence  of  servants 
and  if  you  adopt  this  provision,  I  don't  see  how  any  railroad 
company  can  do  business  within  this  territory,  and  I  would 
like  to  hear  from  persons  who  are  more  familiar  with  the 
question  than  I  am,  if  they  think  my  construction  is  very  un- 
fair. I  must  say  that  I  believe  in  holding  masters  for  the  in- 
juries that  are  caused  to  their  servants  by  reason  of  the  neg- 
ligence of  those  above  them,  but  I  don't  believe  in  holding  them 
responsible  for  the  injuries  caused  by  those  within  the  same 
line  of  their  employment. 

Mr.  BROWN.  Does  this  section  or  proposition  propose  to 
do  anything  except  prevent  contracts  being  made? 

Mr.  CAMPBELL.  I  think  it  goes  further.  I  have  not  had 
time  nor  opportunity  to  examine  this  carefully  but  that  is  how 
it  strikes  me  at  the  first  glance. 

Mr.  BROWN.  I  desire  to  say  that  I  heartily  agree  with 
what  has  been  said  by  my  friend  from  Laramie,  but  I  do  not 
agree  that  what  he  says  has  everything  to  do  with  the  purpose 
of  this  proposition.  My  construction  of  the  reading  of  this  sec- 
tion is,  and  I  may  be  wrong,  owing  to;  my  unfortunate  absence 
at  the  discussion  of  the  meaning  of  this,  my  understanding  is 
not  that  it  changes  the  relations  of  master  and  servant  at  all, 
t>ut  it  simply  prevents  a  master  from  compelling  a  man  when 
he  enters  his  employment  of  signing  any  contract  that  will 
disturb  the  legal  relations  as  they  now  exist  between  master 
and  servant.  That  is  my  understanding  of  the  section.  If 
wrong,  I  should  like  to  be  set  right. 

Mr.  POTTER.  My  objection  to  it  is  even  for  another  rea- 
son. My  primary  objection  at  this  time,  (and  the  differences 
between  the  two  gentlemen  increases  my  objection)  whenever 
you  have  a  small  section  like  this,  which  is  liable  to  encounter 
difficulties  in  its  construction,  it  is  very  clear  to  me  that  the 


PROCEEDINGS  AND  DEBATES.  445, 

place  for  it  is  in  legislation,  and  not  as  a  fundamental  law.  I 
object  to  it  because  I  think  it  ought  to  be  left  for  subsequent 
legislation,  and  not  become  a  question  of  fundamental  law. 

Mr.  HOYT.  I  desire  to  say  a  word,  not  intending  to 
argue  this  matter  at  all,  that  while  I  agree  with  the  gentleman 
who  has  just  speoken,  as  to  the  great  importance  of  our  not 
interf erring  Avith  matters  which  may  be  left  to  the  legislature,, 
since  this  has  been  introduced  and  acted  upon  by  the  commit- 
tee here,  and  as  it  appears  to  me  to  protect  a  very  important 
interest,  and  appears  to  me  to  be  very  carefully  expressed,  and 
I  Avould  simply  emphasize  what  has  been  said  by  our  president 
himself,  that  this  refers  simply  to  the  matter  of  contracts  be- 
ing made  whereby  corporations  shall  be  released  from  liabil- 
ity for  injuries  due  to  their  negligence.  I  think  we  cannot  be 
too  careful  in  protecting  the  rights  of  the  great  laboring  class- 
es, and  I  therefore  think  it  would  be  well  and  proper  to  in- 
corporate this  section  into  our  constitution.  But  I  object  to- 
one  word.  I  think  the  day  of  master  and  servant  has  gone  by 
forever,  and  there  is  no  cause  for  inserting  into  the  constitu- 
tion of  Wyoming  the  word  servant  at  all.  "Of  its  employes"" 
covers  everything.  Everyone  wrho  is  engaged  to  perform,  the 
duties  of  another  is  an  employe,  and  I  see  no  occasion  to  use 
the  word  servant  at  all,  but  wrill  vote  heartily  for  the  propo- 
sitions as  it  stands. 

Mr.  RINER.  I  hope  this  provision  will  not  be  embodied  in 
the  constitution  if  the  purpose  is  as  suggested  by  Governor 
Hoyt.  I  agree  with  Mr.  Campbell  that  the  language  of  the 
section  is  sufficient  to  carry  with  it  the  construction  he  places- 
upon  it.  So  far  as  a  contract  is  concerned  it  has  been  posi- 
tively decided  by  the  supreme  court  of  the  United  States,  un- 
less there  is  a  consideration  it  amounts  to  nothing.  The  su- 
preme court  of  the  United  States  in  Ross  vs.  the  Milwaukee  & 
St.  Paul  railroad  case,  has  settled  this  whole  question.  The 
purpose  of  this  section  by  the  mover  was  to  do  away  with  the 
doctrine  of  fellow  servants  in  this  state;  whether  or  not  the 
language  of  the  section  is  sufficient  to  reach  that  question  I 
am  not  altogether  certain,  but  I  think  that  it  is.  If  that  be 
the  case,  then  I  agree  with  Mr.  ;Campbell  it  would  be  impos- 
sible for  any  corporation  to  do  business  in  this  territory.  Xot 
only  does  it  effect  corporations,  but  other  persons.  The  sec- 
tion reads  "if  shall  be  unlawful  for  any  person,  company  or 
corporation  to  require  of  its  servants  or  employes  as  a  condi- 
tion of  their  employment  or  otherwise,  any  contract  or  agree- 
ment whereby  such  person,  company  or  corporation  shall  be 
released  from  liability  or  responsibility  on  account  of  personal 
injuries  received  by  such  servants  or  employes  while  in  service 
of  such  person,  company  or  corporation."  Here  is  what  I  want 


-446 


CONSTITUTIONAL  CONVENTION. 


to  call  attention  to.    "By  reason  of  the  negligence  of  such  per- 
son, company  or  corporation,  or  the  agents  or  employes  there- 
of} and  such  contracts  shall  be  absolutely  void."    Xow  then  I 
want  to  know  if  that,  and  I  ask  the  lawyers  of  this  convention 
who  are  more  familiar  with  the  decisions  of  the  supreme  court 
than  I  am,  in  regard  to  this  matter,  does  not  that  wipe  out 
of  existence  the  doctrine  of  fellow  servants,  and  makes  a  cor- 
poration or  a  person  liable  for  the  injuries  caused  by  the  neg- 
ligence of  a  fellow  servant.    What  is  the  effect?  Applied  to  a 
railroad   company,  Mr.   Campbell  has  stated  it;  it  makes  a 
railroad  company  liable  where  one  section  man  is  injured  by 
another  section  man's  negligence,  regardless  of  the  rights  of 
the  company.     In  the  cattle  business  it  makes  a  cattle  man 
living  in  Cheyenne  liable  for  the  negligence  of  his  servants 
on  the  range  a  hundred  miles  north,  and  he  has  no  security  for 
it.     Now  I  believe  a  corporation  should  be  bound.     The  su- 
preme qourt  in  the  Boss  case  held  that  where  a  railroad  corpo- 
ration is  operating  a  line  of  road,  that  the  head  of  every  de- 
partment is  a  vice  principal,  and  represents  the  company.    In 
the  Boss  case  it  was  held  that  the  conductor  of  the  train  was 
a  vice  principal  of  the  company,  and  the  company  was  re- 
sponsible for  his  acts.    Why?  Because  he  represented  a  separ- 
ate department  in  the  conipan's  service.     Until  the  train  left 
the  end  of  his  division,  it  is  for  him  toi  say,  says  the  supreme 
court,    when    the    train    shall   start,   when    it    shall    stop, 
at   what    speed   it    shall    run,    so   that   every   principal    ap- 
plying to  the  master  would  apply  to  him,  and  he  is  a  vice  prin- 
cipal and  stands  in  the  master's  place,  and  for  his  a,cts  the 
company  is  liable.     Suppose  you  adopt  this  section,  and  the 
points  for  which  Mr.  Campbell  and  I  contend  are  right,  we  may 
be  wrong,  but  if  not,  the  language  in  the  next  to  the  last  line 
will  hurt  everybody.    If  that  be  adopted,  then  if  one  brakeman 
is  injured  by  the  negligence  of  another  brakeman  upon  the 
same  train,  in  the  same,  grade  of  employment,  where  the  con- 
ductor had  no  knowledge  and  no  means  to  prevent  the  acci- 
dent, and  nq'body  else  had  any  power  to  prevent  it,  you  put 
the  company  in  the  position  and  make  them  liable  where  they 
could  not  have  prevented  it.    Now  I  say  that  that  is  not  right, 
./and  what  is  true  as  to  a  railroad  company  applies  to  every  oth- 
er interest  in  this  territory.     Do  you  pretend  to  say  that  if 
this  section  has  that  effect  that  there  is  any  justice  in  the 
Standard  Cattle  company  of  this  city  being  held  liable  for  the 
injuries  one  cowboy  receives  because  of  the  negligence  of  the 
other  cowboy  one  hundred  miles  north  on  the  range?  If  yon 
take  out  of  your  law  the  doctrine  of  fellow  servants  that  is 
where  you  land.     So  far  as  the  protection  of  employes  is  con- 
cerned they  are  already  fully  protected.     The  supreme  court 


PROCEEDINGS  AND  DEBATES. 

of  the  United  States  has  decided  that  a  company  is  liable  for 
the  negligence  of  a  vice  principal,  for  the  negligence  of  a  man 
in  charge  of  a  separate  department  of  the  service,  and  who 
stands  in  the  shoes  of  the  master,  so  far  as  his  liability  is  con- 
cerned. That  the  company  is  liable  for  the  negligence  of  a 
servant  of  one  department  causing  an  injury  to  a  servant  in 
another  department,  and  why?  Because  in  that  case  the  ser- 
vant in  the  other  department  has  not  the  means  to  protect 
himself  against  the  negligence  of  that  servant,  that  he  would 
have  if  he  W7as  a  servant  of  equal  grade  and  in  the  same  de- 
partment. If  this  section,  and  I  fear  that  the  language  is  suf- 
ficient, if  that  be  the  effect  of  this  section,  I  am  certainly  op- 
posed to  it.  If  that  has  already  been  decided  I  want  to  know 
why  it  should  go  into  the  constitution.  It  is  the  law  now  as 
squarely  laid  down  by  the  supreme  court  of  the  land,  and  if  it 
does  not  wipe  out  the  doctrine  of  fellow  servants  then  it  has 
no  place  here,  because  the  supreme  court  of  the  United  States 
has  decided,  and  decided  most  positively,  the  liability  of  the 
parties.  I  am  opposed  to  it  for  the  reasons  given  by  Mr.  Camp- 
bell, and  if  it  does  not  bear  that  construction  I  am  opposed  to 
it  because  it  is  a  useless  provision. 

Mr.  BAXTER.  Does  the  decision  in  the  Ross  case  say  that 
servants  cannot  enter  into  a  contract  with  their  employers? 

Mr.  RINER.  The  supreme  court  of  the  United  States  has 
decided  that  such  contracts  must  be  founded  upon  a  good  and 
valuable  consideration,  and  without  that  it  amounts  to  noth- 
ing whatever;  they  hold  that  employment  itself  is  not  a  con- 
sideration. 

Mr.  SMITH.  This  section  don't  get  at  Avhat  we  want  to 
reach  at  all,  and  anyway  I  think  it  properly  belongs  within 
the  provision  referring  to  corporations,  and  I  know  that  the 
committee  on  corporations  is  preparing  an  article  that  I  think 
covers  what  we  want  to  reach  here,  and  for  that  reason  I  move 
that  this  matter  be  referred  to  the  committee  on  corporations. 

Mr,  REED.  I  would  like  to  say  a  word  in  regard  to  this 
matter.  It  is  easy  to  be  seen  where  the  objection  to  this 
bill  comes  from.  So  far  as  cowboys  are  concerned  I  don't  see 
that  cuts  any  figure  in  it  at  all.  It  is  ridiculous  to  bring  cow 
~boys  in  here.  As  I  understand  this,  this  is  to  reach  what  we 
originally  call  the  old  ironclad  agreement.  I  can  see  the  ob- 
ject of  this  because  I  have  worked  on  all  the  railraods  west 
of  Chicago  I  might  say,  and  they  have  all  adopted  a  policy  that 
this  here  touches  upon.  It  was  called  the  ironclad  agreement, 
by  which  a  man  when  he  entered  the  employ  of  the  company 
agreed  to  release  the  company  from  all  liability  for  any  acci- 
dent that  might  occur  to  him,  no  matter  whether  the  fault  was 
directly  traceable  to  the  company  or  not.  Now  if  I  understand 


44s 


CONSTITUTIONAL  CONVENTION 


the  sense  of  this  File  No.  70  it  is1  to  keep  us  from  having  any 
such  an  introduction  in  this  state  of  any  ironclad  agreement 
between  any  railroad  company  and  its  employes,  and  I  be- 
lieve it  should  pass.  It  is  to  protect  the  poor  man. 
And  I  wish  to  add,  so  far  as  the  law  is  concerned,  I  don't 
care  what  the  law  is,  I  have  heard  so  much  about  law  on  the 
floor  of  this  house  that  I  am  disgusted  with  it.  It  is  justice 
we  want,  and  mercy  with  justice.  I  think  the  case  in  this 
town  today  pending  before  the  courts  is  enough.  A  man  par- 
alyzed, with  a  large  family  to  support,  his  body  and  mind  al- 
most destroyed  in  the  service  of  the  company,  and  I  Avould 
like  to  know  what  the  law  done  for  him.  The  case  has  been 
carried  to  the  supreme  court,  but  the  poor  man  has  got  noth- 
ing as  yet,  That  is  law,  I  suppose.  I  am  sorry  to  bring  this 
matter  up,  but  everybody  in  town  knows  it,  and  knows  too 
that  the  cause  of  that  man's  injury  was  due  directly  to  the  neg- 
ligence of  the  overseer  of  the  job  he  was  working  on.  The 
man  was  poor,  and  he  got  but  poor  treatment,  and  everybody 
knows  it. 

Mr.  RICHARDS.  It  seems  to  me  that  nearly  all  the  gentle- 
men that  are  discussing  this  matter  seem  to  imagine  there  is 
but  one  corporation  in  existence  and  that  will  exist  in  the  fu- 
ture in  the  state  of  Wyoming,  and  that  the  Union  Pacific  Rail- 
way company.  We  are  here  to  try  and  establish  the  funda- 
mental law  for  the  state  that  we  hope  will  be  great  in  mate- 
rial prosperity.  The  northern  part  of  this  territory  today  is 
laboring  under  a  commercial  depression  for  the  reason  that  we 
have  no  resources  that  will  bring  money  into  circulation  and 
bring  prosperity  to  our  people.  If  measures  of  this  character 
are  to  be  embodied  in  our  laws  they  will  stand  here  as  a  men- 
ace to  the  introduction  of  capital  from  abroad  that  should  ga 
to  the  development  of  the  natural  resources  of  our  country. 
Consequently,  I  think  it  is  a  false  position  and  a  great  wrong 
and  a  exeat  mistake  to  hold  up  a  sign  forbidding  and  denying- 
people  you  might  say,  from  bringing  their  money  into  our  ter- 
ritory to  help  develop  the  great  hidden  resources  that  it  is 
necessary  to  have  developed  to  bring  prosperity  to  our  people. 

Mr.  JOHNSTON.  I  have  no  particular  objection  to  the 
first  part  of  this  bill,  or  to  any  of  it  in  fact,  but  I  know  some- 
thing about  this  in  a  practical  way.  I  have  charge  of  large 
gangs  of  men  where  we  used  great  quantities  of  explosives,. 
and  as  that  reads  it  appears  to  me  that  it  makes  the  com- 
pany who  are  using  these  explosives  in  the  performance  of  its 
business,  responsible  for  the  carelessness  of  any  employe  of 
that  company.  I  know  that  it  required  constant  vigilence  on 
the  part  of  the  superintendent  and  foreman  of  these  works 
to  prevent  employes  using  explosives  carelessly.  It  required 


PROCEEDINGS  AND  DEBATES.  449 

constant  watching.  Accidents  might  happen  for  which  the 
company  was  in  no  way  responsible*,  and  I  can  see  no  reason 
for  putting  in  a  clause  of  this  kind  in  this  bill. 

Mr.  HOLDEN.  I  have  studied  this  section  pretty  carefully 
and  it  seems  to  me  that  there  is  nothing  in  this  section  con- 
tained which  either  increases  the  liability  of  corporations  or 
persons  or  lessens  it.  It  seems  to  me  that  the  only  question 
contained  in  this  section  is  that  we  shall  say  by  fundamental 
law  that  all  persons  and  corporations  shall  forever  be  prohib- 
ited from  may  ing  any  contracts  with  their  employes  which 
shall  lessen  the  rights  of  the  servant  against  the  master. 
That  is  all  there  is  to  it. 

Mr  RUSSELL.  In  order  to  enlighten  the  gentlemen  in  re- 
gard to  this  I  will  say  a  few  words.  This  is  taken  verbatim 
from  the  Colorado  constitution,  the  reason  for  our  introduc- 
ing this  occurred  in  our  county.  We  are  employed  by  a  corpo- 
ration, though  they  are  restricted  by  a  law  on  Wyoming's  sta- 
tute faooks  from  doing  it,  that  formulated  a  paper  and  present- 
ed to  its  employes,  requesting  them  to  sign  any  rights  or  in- 
demnity  they  might  have  under  our  present  law  in  case  of  an 
accident,  and  they  had  to  sign  this  paper  as  a  matter  of  em- 
ployment. That  is  the  whole  sum  and  substance  and  object 
of  the  introduction  of  this  bill. 

Mr.  BAXTER.  It  seems  to  me  that  if  the  gentlemen  of 
this  convention  will  read  this  provision  carefully  there  can  be 
no  question  as  to  its  meaning,  and  the  object  that  is  desired 
to  be  reached,  and  I  must  dissent  from  the  construction  given 
it  by  my  friend,  Mr.  Russell.  It  goes  directly  to  the  question 
of  making  the  contract  as  a  condition  of  employment.  There 
is  nothing  in  it  which  could  be  construed  in  any  way  a,s  dis- 
turbing the  well  settled  doctrine  of  the  relations  between  mas- 
ter and  servant,  and  1  use  the  term  servant  because  I  believe 
it  to  be  a  well  understood  legal  term,  and  in  no  disrespectful 
manner  whatever.  The  section  reads  "It  shall  be  unlawful 
for  any  person,  company  or  corporation  to  require  of  its  ser- 
vants or  employes  as  a  condition  of  their  employment  or  other- 
wise, etc."  By  striking  out  the  words  "or  otherwise'7  it  would 
bring  the  idea  of  the  contract  plainly  forward,  allowing  that 
the  only  idea  was  the  question  of  making  the  contract,  as  a 
condition  of  employment.  Now  I  disagree  with  Mr.  Riner  as  to 
the  ruling  of  the  supreme  court.  It  seems  to  me  that  any  con- 
tract they  might  require  of  an  employe  on  entering  their  em- 
ploy might  be  held  valid  because  the  employment  itself  would 
be  a  consideration.  If  the  supreme  court  has  held  that  no  cor- 
poration can  contract  against  its  own  negligence  that  is  a  dif- 
ferent matter  from  holding  that  such  contracts  are  null  and 
void  because  of  the  absence  of  any  consideration,  the  court 
—  29 


45o  CONSTITUTIONAL  CONVENTION. 

could  reasonably  hold  that  the  giving  of  employment 
of  any  kind  would  be  a  sufficient  consideration.  While  I 
have  some  doubt  as  to  whether  the  constitution  is  the  proper 
place  to  incorporate  this  matter,  and  that  it  might  be  better  to 
rely  upon  its  being  acted  upon  by  legislation,  I  have  no  doubt 
as  to  the  propriety  of  laying  down  a  rule  that  no  corporation 
shall  require  of  an  employe  any  contract  which  will  protect 
them  from  their  own  negligence.  That  is  how  I  understand 
this.  In  answer  to  the  objection  that  it  will  keep  out  capital, 
I  have  only  to  say  this  is  found  in  the  constitution  of  Colorado 
and  I  doubt  if  any  state  in  the  union  has  received  more  /rapid 
development  and  growth  than  that  state,  so  it  seems  to  me  that 
objection  is  not  good,  and  I  am*  therefore  in  favor,  in  order 
to  secure  this  right  to  the  laboring  man,  that  this  should  be 
incorporated  in  the  constitution. 

Mr.  PALMEE.  I  believe  that  the  proper  construction  of 
this  file  is  simply  that  no  man  can  stipulate  against  his  own 
negligence.  It  seems  to  me  that  the  people,  so  large  a  por- 
tion of  them  being  made  up  of  laboring  men,  should  have 
every  protection,  and  every  safeguard  that  the  law  can  possi- 
bly throw  around  them  to  protect  them  from  signing  away 
their  rights  to  their  employers.  The  state  of  Colorado  as  I 
understand  it  has  a  provision  of  this  kind,  and  the  territory  of 
Wyoming  had  one  similar  to  it,  but  the  compilers  left  it  out. 
I  believe  it  is  nothing  more  than  right  for  us  to  say  that  a 
railroad  corporation,  or  any  other  corporation,  cannot  say  to  a 
man,  if  we  employ  you,  you  must  take  all  the  chances  yourself, 
and  this  company  will  not  be  responsible  to  you  for  any  dam- 
age that  may  result  by  reason  of  the  negligence  of  ourselves 
or  of  any  of  our  employes.  Especially  is  this  true  in  coal  mines 
a  man  may  be  working  in  one  room,  and  in  the  next  room 
they  may  be  blasting;  he  may  be  injured  by  another  man  in 
the  same  class  of  occupation  as  himself,  without  any  careless- 
ness or  negligence  on  his  part;  he  has  signed  a  contract  which 
stipulates  that  he  releases  the  company  from  the  carelessness 
of  the  man  in  the  next  room.  I  say  it  is  an  unfair  and  unjust 
proposition  to  say  that  a  man  before  he  is  employed  shall  sign 
away  his  rights,  and  therefore  I  am  in  favor  of  this  section, 
which  I  believe  simply  means  that  no  company  can  stipulate 
against  its  own  negligence  or  that  of  its  servants.  I  think  it 
would  be  a  good  thing  in  many  respects  if  this  doctrine  regard- 
ing fellow  servants  of  the  same  grade  could  be  done  away  with 
and  I  think  this  convention  will  do  well  to  respect  the  wishes 
of  the  laboring  men  in  this  respect,  and  adopt  this  file  just  as 
it  is. 

Mr.  CAMPBELL.    As  I  said  before  I  have  not  given  this  bill 
a  careful  consideration,  and  am  not  prepared  to  say  what  niy 


PROCEEDINGS  AND  DEBATES. 


451 


lionest  conviction  is  as  to  the  construction,  and  I  am  not  pos- 
tive  that  it  does  not  bear  the  construction  placed  upon  it,  be- 
cause I  have  not  given  it  the  consideration  it  requires.  But 
let  me  tell  my  learned  friend,  Mr.  Palmer,  that  the  supreme 
court  of  the  United  States  has  said,  and  said  it  distinctly,  that 
no  person  or  corporation  can  contract  against  their  own  neg- 
ligence, the  consideration  being  a  money  consideration  or  a  la- 
bor consideration.  They  have  said  that  as  distinctly  as  the 
supreme  court  of  the  United  States  has  ever  said  anything, 
that  is  the  law  from  the  highest  court  in  the  land  on  that  sub- 
ject. As  I  remember  the  case  the  facts  were  these:  A  person 
was  employed  by  a  news  agency,  that  had  a  pass  over  the  road, 
and  because  of  that  he  could  be  called  upon  by  the  conductor 
of  the  train  to  perform  the  service  of  a  brakeman  or  fireman 
or  anything  else,  and  as  I  remember  it  this  young  fellow,  this 
news  agent,  \vas  injured  by  reason  of  the  negligence  of  the 
servant  above  him.  He  brought  suit  against  the  company  and 
it  finally  came  to  the  supreme  court.  I  think  Justice  Miller 
decided  it,  and  he  said  this:  Inasmuch  as  it  appears  from  the 
facts  in  the  case  that  this  person  Avas  in  the/  nature  of  an  em- 
ploye, receiving  his  transportation  as  an  employe,  that  the 
contract  he  signed  upon  his  pass  which  is  upon  the  pass  of 
every  person  it  was  not  a  valid  contract  because  he  was  an 
employe,  and  the  company  could  not  contract  against  its  own 
negligence  by  reason  of  the  employment  given,  but  he  intimat- 
ed in  his  decision  that  if  that  pass  was  given  without  consid- 
eration the  company  could  contract  with  the  person  receiving 
it,  against-  its  own  negligence.  Now  that  is  the  law,  and  in 
view  of  the  construction  to  be  placed  upon  this  section  I  am  op- 
posed to  it. 

Mr.  MORGAN.  There  can  be  but  one  construction  placed 
upon  this,  and  it  is  just  as  plain  as  can  be.  It  does  not  take 
from  the  employer  a  single  right  that  he  has  now  under  the 
law.  It  does  not  give  to  the  employe  any  right  that  he  has 
not,  but  simply  says  that  the  employe  shall  not  contract  and 
give  away  rights  which  he  now  has.  I  think  it  ought  to  pass. 

Mr.  FOX.    I  move  we  now  take  a  recess  until  2  o'clock. 

Mr.  TESCHEMACHER,  I  move  we  take  a  recess  until 
7:30  this  evening.  To  sit  here  all  day  is  a  little  too  much,  and 
then  have  to  come  back  in  the  evening. 

Mr.  PRESIDENT.  Gentlemen  of  the  convention,  the  ques- 
tion is  on  taking  a  recess  until  7:30  o'clock  this  evening.  Are 
you  ready  for  the  question? 

Mr.  FOX.  I  don't  see  why  we  should  not  sit  this  after- 
noon. 

Mr.  TESCHEMACHER,    I  have  given  away  every  Saturday 
to  let  the  gentlemen  from  Albany  county  go  home,  and  the 


452 


CONSTITUTIONAL  CONVENTION. 


gentlemen  from  the  western  part  of  the  territory,  and  I  have 
not  opposed  their  going,  and  I  don't  think  they  should  object  to 
this. 

Mr.  CAMPBELL.  I  have  been  here  constantly,  and  I  think 
to  ask  a  man  to  come  here  every  day  from  9  until  10  o'clock 
at  night  is  asking  too  much.  I  would  like  to  get  off  this  after- 
noon, but  I  propose  to  be  here  if  wre  have  a  meeting.  I  would 
like  to  take  my  wife  to  the  fair,  but  I  will  be  here  if  anyone 
else  is. 

Mr.  PRESIDENT.  The  question  is  on  the  motion  that  we 
do,  now  take  a  recess  until  7:30  this  evening.  Are  you  ready 
for  the  question?  All  in  favor  of  the  motion  will  say  aye;  con- 
trary no.  The  ayes  have  it;  we  wrill  now  take  a  recess  until 
7:30  this  evening. 

EVENING  SESSION. 


Thursday  evening,  Sept.  19. 

Mr.  PRESIDENT.    The  convention  will  come  to  order. 

Mr.  REED.    I  move  rule  four  be  suspended 

Mr.  PRESIDENT.  The  rule  was  suspended  for  the  morn- 
ing session,  and  if  there  is  no  objection  it  will  be  suspended 
for  the  evening. 

Mr.  RICHARDS.  I  wish  to  present  a  proposition,  if  in 
order. 

Mr.  PRESIDENT.  The  presentation  of  propositions  is  not 
in  order  at  this  time,  but  may  be  received  by  consent  of  the 
convention.  Is  there  objection  to  the  proposition  being  pre- 
sented at  this  time?  The  chair  hears  none;  the  gentleman  will 
present  his  proposition.  File  83  will  be  referred  to  the  com- 
mittee on  salaries  of  public  officers,  if  there  is  no  objection. 
The  file  is  so  referred.  At  the  hour  of  taking  recess  we  were 
considering  File  No.  70. 

Mr.  CAMPBELL.  I  made  a  motion  this  morning  to  strike 
out  that  section  and  I  now  desire  to  withdraw  the  amend- 
ment. 

Mr.  PRESIDENT.  Is  there  objection  to  the  gentleman  from 
Laramie  withdrawing  his  amendment?  The  chair  hears  no  ob- 
jection; the  amendment  may  be  withdrawn. 

Mr.  SMITH.  I  desire  to  offer  an  amendment,  to  be  added 
immediately  after  the  last  line  of  the  section,  "and_the  rule  of 
common  law  as  to  the  negligence  of  fellow  servants  shall  not 
prevail  in  the  courts  of  Wyoming. 

Mr.  RINER.  I  discussed  this  matter  at  considerable  length 
this  morning,  and  I  do  not  propose  to  occupy  the  time  and  at- 
tention of  this  convention  on  this  subject  again,  but  simply 
to  explain  what  this  amendment  means.  The  amendment 


PROCEEDINGS  AND  DEBATES.  453 

proposed  by  the  gentleman  from  Carbon,  takes  away  what  is 
known  as  the  doctrine  of  fellow  servants  and  makes  the  em- 
ployer, makes  the  master  liable  in  every  case  for  the  negli- 
gence of  one  servant  to  another,  whether  or  not  the  master  had 
anything  to  do  with  it  or  not.  It  makes  the  proprietor  of  a 
store  liable  for  the  injuries  received  by  one  of  his  clerks,  caus- 
ed by  the  negligence  of  another  clerk.  It  makes  the  cattle  man 
liable  for  the  injuries  received  by  one  of  his  men  upon  the 
range  caused  by  the  negligence  of  another  employe  of  his  upon 
the  range.  It  makes  a  railroad  'company  liable  to  a  section 
man  for  an  injury  received  solely  through  the  negligence  of 
another  section  man.  But  I  explained  all  this  this  afternoon. 
The  bill  as  filed  by  Mr.  Jones,  I  am  satisfied  after  my  exami- 
nation of  it,  does  not  deprive  the  company  or  any  individual  of 
their  defence,  but  makes  them  responsible,  as  they  ought  to  be 
responsible,  for  their  own  negligence,  and  not  where  one  ser- 
vant is  injured  purely  through  the  negligence  of  another,  and 
without  fault  of  the  master.  The  purpose  of  the  amendment 
is  to  make  the  master  liable  whether  or  not  he  has  been  at 
fault  at  all.  Jle  may  have  used  every  precaution  and  due  care 
in  every  particular,  yet  with  this  amendment  he  is  liable  and 
there  is  no  escape  from  it. 

Mr.  HARVEY.  I  certainly  did  not  expect  to  have  any- 
thing more  to  say  on  this  subject  but  I  am  constrained  to  pro- 
test against  it  once  more.  If  this  is  aimed  at  the  Union  Paci- 
fic railroad  company  all  right,  but  I  desire  to  impress  upon  the 
minds  of  the  members  of  this  convention  that  there  are  other 
corporations  employing-  men,  in  this  territory.  There  are  cor- 
porations mining  coal,  and  if  I  am  not  mistaken  we  are  advo- 
cating statehood  in  order  to  bring  in  just  as  many  corporations 
as  we  can  possibly,  and  we  don't  care  to  throw  in  their  way 
"  any  unnecessary  burdens.  As  it  was  originally  I  should  have 
voted  for  the  proposition,  simply  aimed  at  these  ironclad  con- 
tracts, but  I  tell  you,  gentlemen,  this  is  a  pretty  marked  inno- 
vation as  nowr  proposed,  and  I  protest  before  this  convention 
in  behalf  of  the  northern  part  of  this  territory  against  such  a 
measure  as  this.  I  protest  against  aiming  unnecessary  blows 
at  a  corporation  simply  because  it  is  a  corporation.  I  tell  you, 
gentlemen,  this  ought  to  be  left  to  the  legislature.  Don't 
throw  unnecessary  obstacles  in  the  path  of  corporations,  for 
I  tell  you  it  is  corporations  that  we  need,  it  is  corporations  of 
great  wealth  that  are  now  attempting  to  develop  central  and 
northern  Wyoming. 

Mr.  SMITH.  I  simply  desire  to  say  in  reply  to  the  argu- 
ments against  the  amendments  offered  that  this  section  was 
intended  to  reach  a  specified  purpose,  but  I  don't  think  it 
reaches  it,  and  I  offered  the  amendment  for  the  purpose  of 


454 


CONSTITUTIONAL  CONVENTION. 


reaching  the  intention  desired  in  offering  this  section.  I  claim 
while  a  corporation  has  some  rights,  the  men  who  work  for 
them  have  some  lights  also,  and  they  should  be  looked  after 
just  as  well  as  that  of  the  corporations.  Now  if  a  corporation 
employs  a  man  in  any  capacity  whatever,  and  he  suffers  an  in- 
jury, and  he  is  without  means  he  has  to  wait  until  the  thing 
gobs  through  the  supreme  court  of  the  United  States  before  he 
gets  aiiylhing.  That  is  the  way  with  corporations,  and  under 
that  state  of  facts  is  it  not  fair  that  the  employe,  poor  though 
he  may  be,  humble  in  life,  and  without  millions  back  of  him 
to  fight  in  the  courts,  is  it  not  fair  that  they  have  some  pro- 
tection as  well  as  the  corporation? 

Mr.  CLARK.  I  was  in  favor  of  this  amendment  as  origi- 
nally presented,  and  I  will  convey  what  I  have  to  say  on  this 
proposed  amendment  by  supposing  the  case  of  two  men  em- 
ployed by  an  attorney  in  Rawlins  in  moving  his  safe,  and  by 
the  carelessness  of  one  of  them  the  other  has  his  leg  broken. 
Is  the  attorney  to  be  made  responsible  ? 

Mr.  CHAIRMAN.  The  question  is  on  the  amendment.  AH 
in  favor  of  the  amendment  will  say  aye ;  contrary  no.  The  noes 
have  it;  the  amendment  is  lost.  The  question  now  recurs  on  the 
proposition  before  us  in  print. 

Mr.  MORGAN.  I  move  it  be  placed  upon  its  final  passage. 
Mr.  PRESIDENT.  The  motion  is  that  File  No.  70  be  fin- 
ally read  and  placed  upon  its  final  passage.  Are  you  ready  for 
the  question?  All  in  favor  of  the  motion  that  File  70  be  now 
finally  read  and  placed  upon  its  final  passage  will  say  aye;  con- 
trary no.  The  ayes  have  it;  the  motion  prevails.  Final  reading 
of  File  70.  The  question  is  on  the  adoption  of  the  file.  So 
many  as  are  of  the  opinion  that  File  70  be  adopted  as  a  part 
of  the  constitution  will  say  aye  as  their  names  are  called; 
those  of  the  opposite  opinion  will  say  no.  The  clerk  will  call 
the  roll. 
Roll  call. 

Gentlemen,  the  vote  upon  File  70  is  as  follows:  Ayes,  38; 
noes,  none;  absent,  1 1.  B\  your  vote  you  have  adopted  File  7(J 
as  a  part  of  the  constitution. 

Mr.  COFFEEN.  We  would  ask  consent  that  the  report 
of  the  committee  on  corporations  be  presented  at  this  time. 

Mr.  PRESIDENT.  Is  there  objection  to>  the  report  of  the 
committee  being  received  at  this  time?  The  chair  hears  no  ob- 
jection; the  committee  on  corporations  will  present  their  re- 
port. Do  you  desire  the  report  read? 

Mr.  RINER.  I  move  the  substitute  be  referred  at  once  to 
the  printing  committee. 

Mr.  PRESIDENT.  It  is  moved  that  the  report  be  referred 
to  the  printing  committee.  Are  you  ready  for  the  question?" 


PROCEEDINGS  AND  DEBATES.  455 

All  in  favor  of  the  motion  will  say  aye;  contrary  no.    The  ayes 
have  it ;  it  is  so  referred. 

There  is  upon  the  file  for  your  action  and  final  passage  File 
78,  on  live  stock.  What  is  you  pleasure  as  to  that  file,  gentle- 
men? 

Mr.  TESCHEMACHER.  I  move  it  be  placed  upon  its  final 
passage. 

Mr.  PRESIDENT.  It  is  moved  that  File  78  be  put  upon  its 
final  passage.  Are  you  ready  for  the  question?  All  in  favor  of 
the  motion  will  say  aye;  contrary  no.  The  ayes  have  it;  the 
motion  prevails.  Final  reading  of  File  78.  The  question  is  up- 
on the  adoption  of  the  file  as  read.  So  many  as  are  of  the  opin- 
ion that  the  fille  be  adopted  as  a  part  of  the  constitution  will 
say  aye  as  their  names  are  called;  those  of  the  contrary  opin- 
ion will  say  no.  The  clerk  will  call  the  roll. 

(Roll  call.) 

Gentlemen,  your  vote  on  File  78  is  as  follows:  Ayes,  37; 
noes,  none ;  absent,  12.  By  your  vote  you  have  adopted  File  78 
as  a  part  of  the  constitution  of  Wyoming.  Gentlemen,  I  believe 
that  disposes  of  all  the  business  on  the  table  for  final  action. 
What  is  your  pleaesure?  On  the  general  file  there  is  a  large 
amount  of  unfinished  business. 

Mr-  TESOHEMAOHER.  I  move  we  now  go  into  committee 
of  the  whole  for  consideration  of  the  general  file. 

Mr.  PRESIDENT.  It  is  moved  that  we  now  go  into  commit- 
tee of  the  whole  for  consideration  of  the  general  file.  Are  you 
ready  for  the  question ?A11  in  favor  of  the  motion  will  say  aye; 
contrary  no.  The^ayes  have  it;  the  motion  prevails.  Will  Mr. 
Burritt  take  the  chair? 

Mr.  CAIRMAN.  Gentlemen,  we  have  for  our  consideration 
File  70,  on  legislative  department.  At  the  time  the  committee 
arose  the  file  had  been  gone  trough  with  from  beginning  to  end. 
What  is  your  pleasure? 

Mr.  HARVEY.  I  move  that  when  this  committee  arise 
they  report  back  this  file  with  the  recommendation  that  it  be 
adopted  as  amended. 

Mr.  BARROW.  I  have  an  amendment  to  offer.  I  move  that 
the  word  "thirty"  in  line  five  be  amended  to  read  "twenty- 
eight"  and  that  all  that  portion  following  beginning  with  the 
word  "provided"  be  stricken  out. 

Mr.  COFFEEN.  There  are  three  inconsistencies  in  this 
bill  as  it  now  stands.  And  you  will  all  concede  that  it  needs 
examination  before  it  passes.  In  the  first  place  Sec.  2  as 
amended  does  not  make  the  lower  house  twice  the  size  of  the 
upper,  and  w7e  have  agreed  it  should  not  be  less  than  twice. 
Instead  of  cutting  the  number  down  to  twenty-eight  I  should 
favor  an  amendment  to  thirty  or  thirty-two,  at  least  thirty, 
rather  than  a  change  in  the  opposite  direction.  Now  I  desire 
to  call  you  attention  to  one  or  two  things  here.  I  wish  to  ap- 


456  CONSTITUTIONAL  CONVENTION. 

peal  to  YOU  in  the  sense  of  fair  play,  whether  all  things  con- 
sidered in  the  case,  whether  or  not  Fremont,  Converse  and 
Crook  counties  shall  be  entitled  to  two  members  in  the  lower 
house,  while  Johnson  and  Sheridan  shall  have  but  half  that. 
The  statistics  prepared  for  this  purpose  show  the  following  re- 
sults: In  Johnson  and  Fremont  counties  the  difference  is  one 
hundred  and  thirty-one  votes,  and  you  give  Fremont  county 
twice  as  many  in  the  lower  house  as  you  give  the  other.  Now 
that  is  a  pretty  small  difference  on  which  to  make  a  double 
representation  in  the  lower  house.  In  Sheridan  county  the 
difference  is  one  hundred  and  seventy-seven,  y et  we  have  one- 
half  of  the  representation  in  the  lower  house  that  Fremont 
county  has.  Carry  it  to  Crook  county,  the  difference  between 
Crook  county  and  Sheridan  is  two  hundred  and  eighty  votes, 
a  small  number  to  double  the  representation  on  in  the  lower 
house.  The  difference  between  Sheridan  and  Converse  is  four 
hundred  and  thirty-seven.  Converse  as  compared  to  Johnson 
the  difference  is  three  hunder  and  ninety-one  votes,  and  Crook 
as  compared  to  Johnson  the  difference  is  two  hundred  and 
thirty-four  votes.  I  desire  to  offer  an  amendment  to  the 
amendment  by  inserting  the  word  "thirty''  instead  of  "twenty- 
eight"  in  Sec.  3,  and  give  an  additional  representative  to  John- 
son and  Sheridan  counties. 

Mr.  CHAIRMAN.  The  amendment  is  not  in  order.  The 
question  is  on  the  amendment  to  Sec.  5  as  offered  by  Mr.  Bar- 
row. If  the  committee  desires  to  amend  Sec.  3  they  can  do 
so  after  the  amendment  to  Sec.  5  ha,s  been  disposed  of. 

Mr.  BROWN.  I  wish  to  say  a  word  to  the  nienxbers  of  this 
convention  about  the  apportionment  as  it  stands  here.  The 
whole  scheme  to  me  is  one  that  has  nothing  equitable  or  fair  to 
sustain  it.  The  gentlemen  from  Laramie  county  on  yesterday 
all  professed  at  least  that  they  wanted  to,  be  fair  about  this 
thing,  and  that  they  were  opposed  to  the  plan  of  representa- 
tion of  one  from  each  county  in  the  senate  because  it  was  un- 
fair, and  because  it  disfranchised  a  portion  of  the  people  of 
this  territory,  and  largely  in  the  counties  of  Laramie,  Albany 
and  Crook.  It  is  proposed,  and  I  suppose  the  figures  are 
made  here  upon  the  plan  proposed  in  the  other  as  nearly  as 
may  be,  it  is  proposed  now  to  do  what?  To  make  the  unit  of 
distribution  of  members  of  the  senate  1,200,  and  why  is  that 
proposed?  Why  the  gentleman  from  Laramie,  Mr.  Hay,  who, 
presented  this  proposition,  has  adopted,  as  any  of  the  rest  of 
us  might  do,  a  unit  of  division  that  would  give  the  largest  pos- 
sible representation  to  his  own  county.  In  selecting  1,200  he 
has  accomplished  that.  The  whole  vote  of  Laramie  county  is 
3,695,  and  by  taking  the  unit  of  1,200  the  gentleman  gets  three 
members  of  the  senate  and  loses  practically  nothing.  The  unit 


PROCEEDINGS  AND  DEBATES.  457 

for  the  house  in  this  proposition  is  600,  and  by  dividing  3,095 
by  that  yo,u  lose  nothing.  These  two  units  of  division  that 
were  adopted  because  they  exactly  suit  the  situation  in  Lara- 
mie  county,  no  matter  what  may  happen  to  the  other  counties. 
Now  let  us  go  a  little  further.  Carbon  county  and  Albany 
couty  each  have  2,600  votes,  or  thereabouts,  a  little  mpre  than 
2,600.  By  taking  the  unit  of  1,200  you  disfranchise  in  those 
counties  200  voters  in  the  council  from  each  of  them.  What 
do  you  do  further?  You  say  you  will  give  Sweetwater  county 
two  members  of  the  senate,  that  is  the  proposition  as  passed, 
on  1,747  votes.  You  say  then  in  order  to  be  exactly  fair  and 
to  do  what  is  equitable  and  just,  you  propo.se  to  give  Sweetwa- 
ter  two  members  of  the  council,  with  1,700  votes,  and  to  give 
Albany  and  Carbon,  each  with  2,600  votes,  900  more  than 
Sweetwater  county,  the  same  number  of  members  of  the  sen- 
ate. Is  that  fair;  is  that  just?  What  further  does  your  proposi- 
tion do?  You  give  to  Uinta  county,  with  2,037  votes;  you  say 
Uinta  county  shall  have  a  representation  of  two  members  of 
the  senate  on  the  2,000  she  has,  as  against  2,600  in  Carbon  and 
Albany.  Is  that  fair;  is  that  the  way  to  meet  out  justice  to 
these  different  counties  on  this  question  of  apportionment? 
WTiat  do  you  do  with  Sweetwater  in  the  house?  You  say  we 
will  give  to  Sweetwater  three  members  of  the  house,  and  on' 
what  basis?  With  a  vote  of  1,700,  and  a  little  over  on  the  unit 
of  600  it  would  take  1,800  votes  for  three  members  of  the  hoiise 
in  Sweetwater  county,  and  yet  you  say  we  will  give  them  two 
members  of  the  council  and  wre  will  give  them  more  than -they 
are  entitled  to  in  the  council,  and  you  do,  it  on  the  plea  of  ex- 
act justice.  Now  you  gentlemen  observe  how  these  matters 
apply.  I  am  opposed  to  this  method  and  this  scheme  of  set- 
tling the  representation  in  the  senate,  because  you  can  never 
adopt  a  unit  of  representation,  no  matter  what  it  may  be,  that 
will  give  exact,  equal  justice  in  representation  to  the  several 
counties.  It  is  an  impossiility.  But  it  is  proposed  to  adopt 
that  scheme.  Now  if  it  is  adopted,  what  unit  of  division  shall 
you  take  to  meet  the  case  the  most  fairly  and  equally  ?  Not  the 
units  of  1,200  and  600.  That  can  be  easily  determined  by  the 
figures,  but  by  taking  some  other  unit  you  can  come  more  near- 
ly to  exact  justice  in  representation  as  between  the  several 
•counties.  Let  us  examine  this  as  to  Albany  and  Carbon  coun- 
ties. Each  of  these  counties  are  in  this  condition.  They  each 
have  something  over  200  voters  that  are  debarred  of  represen- 
tation in  the  senate.  According  to  the  unit  adopted  for  divi- 
sion, one  member  of  the  senate  is  equal  to  two  members  of  the 
house.  In  other  words  it  takes  twice  as  many  voters  to  give 
one  member  of  the  senate  as  is  required  to  give  a  member  of 
the  house.  Then  this  is  the  situation.  Two  hundred  are  dis- 


458  CONSTITUTIONAL  CONVENTION. 

franchisee!  as  to  senate  representation  in  each  of  these  coun- 
ties. That  is  equivalent  to  400  in  the  house.  In  addition  to 
that  each  of  these  counties  are  disfranchised  in  their  repre- 
sentation in  the  house  in  something  over  200  voters.  We  have 
then  to  give  them  a  full  representation,  taking  these  figures  as 
the}y  stand  on  the  units  proposed,  we  are  fairly  and  equitably 
entitled  in  each  of  these  counties  to  an  additional  member  of 
the  house,  and  still  have  something  left  over  after  giving  us 
that  representative.  What  you  cut  short  in  the  senate,  in  or- 
der to  be  fair  in  the  representation,  must  be  made  up  in  the 
other  house.  In  making  that  up,  taking  these  figures,  it  enti- 
tles each  of  these  counties  to  one  representative  and  a  little 
more  in  order  to  be  fair.  Look  at  some  of  these  other  figures. 
Sweetwater  with  1,700  votes  has  two  members  of  the  council. 
Fremont  with  1,047  votes  has  one  member.  Converse  with 
1,307,  coming  within  about  400  votes  of  Sweetwater,  has  one 
member  of  the  senate.  As  between  1,307  and  1,747  is  that  fair 
or  just  or  equitable  to  give  to  Sweetwater  county  this  addi- 
tional member  of  the  senate,  and  say  to  Converse  county  you 
shall  have  nothing  for  you  overplus?  I  don't  believe  in  this  way 
of  disposing  of  matters  of  this  kind.  It  is  unfair,  it  is  unjust, 
and  I  say  to  you  so  far  as  Albany  county  is  concerned  they 
would  rather  be  deprived  of  the  one  representative  that  we  are 
entitled  to  than  to  cut  short  any  of  the  smaller  counties.  The 
only  way  in  which  that  representation  can  be  arrived  at,  and 
the  way  that  is  adopted  in  all  instances  so  far  as  I  know, 
whether  you  take  it  upon  population,  which  is  a  proper  way  or 
an  improper  way,  taking  it  whatever  way  you  please,  you  must 
do  it  in  this  way,  and  in  order  to  be  fair,  and  it  is  universally 
done  in  this  way,  the  larger  counties  because  of  their  popula- 
tion and  wealth  and  enormous  representations  are  always  cut 
short,  and  the  smaller  counties  given  a  larger  representation  in 
proportion.  That  is  the  universal  rule  in  all  states,  and  in  all 
legislatures  where  men  have  attemped  to  do  the  fair  and  hon- 
est thing.  Now  I  ask  you  gentlemen  to  consider  these  mat- 
ters, you  have  adopted  this  amendment,  it  is  in  your  hands 
to  amend  as  you  please.  We  are  opposed  to  the  whole  scheme, 
but  if  you  are  seeking  to  do  justice,  change  this  representation 
as  it  is  now  presented  because  I  believe  it  to  be  an  outrage  up- 
on the  people  of  this  territory. 

Mr.  TESCHEMACHEK.  I  objected  to  the  report  of  Com- 
mittee No.  6  because  that  report  had  never  been  shown  to 
me,  but  since  I  have  seen  the  report,  I  desire  to  have  it  submit- 
ted to  this  convention  on  the  ground  that  I  think  the  chair- 
man of  the  committee  and  the  members  of  the  committee  have 
been  outrageously  treated  in  this  respect.  We  were  appoint- 
ed a  committee  on  boundaries  and  apportionment.  We  were 


PROCEEDINGS  AND  DEBATES.  459- 

to  apportion  the  members  of  the  first  legislature  I  thought. 
I  don't  see  what  else  the  committee  was  for  if  not  to  apportion 
the  legislature.  We  have  never  had  a  word  said  to  us  about 
the  matter,  but  the  legislative  committee  has  come  in  and 
made  a  report.  Now  I  know  perfectly  well,  having  devoted 
some  considerable  hours  to  going  over  the  various  constitu- 
tions, that  there  are  propositions  for  putting  this  in  the  legis- 
lative article  of  the  constitution,  but  a  great  majority  either 
have  a  separate  article  or  they  have  it  in  the  schedule.  There 
is  no  question  about  it.  Now  I  stand  here  for  Laramie  county 
simply  to  say  that  I  do  not  believe  that  any  member  of  this 
convention  from  Laramie  county  wishes  to  do  any  injustice  to 
the  other  counties  of  this  territory,  and  I  think  under  this  ap- 
portionment act  just  submitted  an  injustice  has  been  done.  I 
think  the  unit  taken  there  suits  Laramie  county  a  little  bet- 
ter than  it  does  any  other  county. 

Mr.  BKOWN.  I  desire  to  say  for  Mr.  Teschemacher  that 
in  discussing  this  matter  privately  he  agreed  entirely  with 
me,  and  I  think  several  members  of  the  Laramie  delegation 
agreed  that  it  was  unjust  in  its  present  form  and  condition,, 
and  I  wish  to  say  this  in  justice  to  these  gentlemen,  as  my  re- 
marks may  have  indicated  a  different  view. 

Mr.  CHAIKMAN.  The  report  of  Committee  No.  6  will  now 
be  read. 

(Report  of  Committee  No.  6.) 

Mr.  BARROW.  There  is  a  good  deal  of  jest  about  this  re- 
port, but  I  am  very  much  in  earnest  about  this  thing.  If  th"e 
gentleman  will  remove  that  one  section  from  their  report  and 
refer  it  to  the  committee  on  apportionment  I  think  we  will 
try  as  a  committee  to  do  our  level  best  to  bring  in  an  absolute- 
ly fair  and  square  apportionment  for  the  first  legislature  of 
the  state  of  Wyoming. 

Mr.  HAY.  I  just  want  to  say  a  few  words  in  reply  to  the 
gentleman  from  Albany,  Judge  Brown.  I  think  in  his  remarks 
he  overlooked  the  portion  of  the  proposition  which  provides  for 
the  dividing  of  the  remainder.  Now  it  happens  that  the  num- 
ber 3,600  is  divisible  by  a  great  many  different  multiples.  Take 
four,  six,  nine,  twelve,  and  even  thirteen  and  fourteen,  and  use 
the  method  here  suggested  for  the  division  of  the  remainder, 
and  it  will  come  out  just  about  the  same.  It  happens  in  this 
case  to  favor  Laramie  county,  but  I  deny  that  1200  was  taken 
because  it  gave  Laramie  county  an  advantage.  I  had  no  idea 
of  getting  up  anything  that  ,svas  unfair,  and  if  Judge  Brown,, 
or  any  other  member  of  this  convention,  can  suggest  a  number 
that  will  divide  more  fairly  among  these  particular  figures  I 
would  be  very  glad  to  accept  it. 


460  CONSTITUTIONAL  CONVENTION. 

Mr.  SMITH.  I  move  that  when  this  committe  arise  they 
report,  back  this  file  to  the  convention  with  the  recommenda- 
tion that  it  be  referred  to  the  committee  on  apportionment. 

Mr.  BROWN.  I  object  to  the  file  being  referred  in  that 
way.  I  think  one  section,  Sec.  3  of  the  file,  should  be  referred 
to  the  committee  on  apportionment,  that  properly  belongs  to 
that  committee,  but  these  other  matters  should  be  referred 
back  to  the  legislative  committee,  and  I  move  to  amend  the 
motion  of  the  gentleman  from  Carbon  by  adding  that  Sees.  1 
and  2  be  referred  to  the  legislative  committee,  and  the  balance 
to  the  apportionment  committee. 

Mr.  HAY.  It  strikes  me  that  the  portion  of  this  file  which 
refers  to  the  duties  and  powers  of  the  legislature  in  future, 
that  the  apportionment  committee  has  nothing  to  do  with  that, 
the  apportionment  properly  belongs  to  them. 

Mr.  CHAIRMAN.  The  gentleman  does  not  understand  the 
motion.  The  motion  is  that  when  this  committee  rise  they  re- 
port back  File  76  to  the  convention  with  the  recommendation 
that  Sees.  1  and  2  be  referred  to  the  legislative  committee, 
and  the  balance  of  the  bill,  referring  to  the  apportionment, 
~be  referred  to  the  committee  on  boundaries  and  apportionment. 
Are  you  ready  for  the  question?  All  in  favor  of  the  motion  will 
say  aye;  contrary  no.  The  ayes  have  it;  the  motion  prevails. 
'The  next  thing  on  the  general  file  is  the  substitute  for  Files 
51  and  56,  executive  department.  Sec.  1.  Any  objections? 
'Sec.  2.  Sec.  3.  Sec.  4.  Sec.  5.  Sec.  6. 

Mr.  CAMPBELL  Is  there  any  provision  in  this  bill  that 
the  secretary  shall  act  as  governor  when  the  governor  is 
away? 

Mr.  HAY.  That  brings  to  my  mind  something  that  occurs 
quite  often  under  the  present  system,  and  I  don't  know  wheth- 
er it  is  provided  against  in  this  or  not.  The  governor  when  ab- 
sent from  the  state,  the  secretary  acts  as  governor,  but  the 
governor  may  be  absent  for  thirty  days  within  the  boundaries 
of  the  state,  but  away  form  the  capital,  and  there  is  nobody 
acting  as  governor  at  all.  I  think  if  an  amendment  is  added 
here,  it  wrould  be  well  to  add  to  it  absent  from  the  state  or 
seat  of  government. 

Mr.  RINER.  In  the  third  line  after  the  word  "office"  I 
move  to  insert  "or  is  absent  from  the  state  or  the  seat  of  gev- 
<ernraent." 

Mr.  PALMER.  I  would  object  to  the  latter  part  of  that. 
Suppose  the  governor  was  in  some  point  in  the  state  in  com- 
mand of  troops,  we  would  have  another  man  down  here  act- 
ing as  governor.  As  long  as  the  governor  is  in  the  state  he  is 
governor. 


PROCEEDINGS  AND  DEBATES. 


461 


Mr.  SMITH.  I  would  amend  the  amendment  by  inserting 
after  the  word  office  the  words  "or  is  absent  from  the  state."1 

Mr.  CHAIRMAN.  The  question  is  on  the  amendment.  All 
in  favor  of  the  amendment  will  say  aye;  contrary  no.  The  ayes, 
have  it;  the  motion  prevails.  Are  there  any  other  amendments 
to  Sec.  G?  The  section  is  approved  as  amended.  Sec  7 
Sec.  8. 

Mr.  CAMPBELL.  In  the  eighth  line  where  it  reads  "two- 
thirds"  I  move  to  amend  by  inserting  the  word"majority"  in. 
lieu  thereof.  I  don't  believe  in  giving  the  governor  more  power 
than  the  legislature. 

Mr.  FOX.  I  believe  this  is  right  as  it  stands.  I  think  it 
should  require  a  two-thirds  vote  to  pass  it  over  the  veto.  The 
other  way  you  might  as  well  have  no  veto  at  all.  Whenever 
the  legislature  passes  a  bill  that  would  settle  it. 

Mr.  SMITH.  Mr.  Fox  has  stated  partially  what  I  intended 
to  say,  but  I  want  to  say  this  much  more.  That  the  purpose 
of  the  governor's  veto  is  a  check  in  cases  of  vicious  or'danger- 
ous  legislation.  I  believe  all  the  states  have  adopted  this  two- 
thirds  system,  and  I  don't  believe  it  is  wise  for  us  to  depart 
from  that  rule,  but  if  we  are  going  to  depart  from  it,  and  make 
it  simply  a  majority,  we  might  as  well  strike  it  out  entirely 
and  dispense  with  the  veto  part  entirely,  for  it  amounts  to 
nothing. 

Mr.  CAMPBELL.  My  objection  to  this  is  simply  this.  It 
gives  to  the  governor  the  same  power  that  twro-thirds  of  the 
legislature  has,  that  come  directly  from  the  people.  If  a  bill 
is  passed  and  contains  a  vicious  provision,  the  governor  has  the 
power  to  call  the  attention  of  the  legislature  to  that  vicious 
provision,  and  the  reason  why  he  does  not  sign  the  bill,  and 
then  I  say  the  people  should  ha.ve  the  right  a  second  time  to 
say  whether  or  not  they  are  going  to  over-ride  the  will  of  one 
man,  and  it  should  be  a  majority  of  the  people.  I  believe  it  is 
wise  to  leave  it  in  the  constitution,  so  the  governor  can  call 
the  attention  of  the  legislature  to  some  bill,  and  let  him  say 
why  he  objects  to  the  bill,  and  the  legislature  may  come  round 
to  his  opinion,  but  I  don't  believe  in  giving  one  man  the  same 
power  as  two-thirds  of  the  legislature  have. 

Mr.  HARVEY.  Veto  has  been  defied  as  an  instrument  for 
the  protection  of  the  minority,  and  as  a  check  upon  the  major- 
ity. We  have  adopted  a  system  of  legislation  here,  both  houses 
based  upon  the  same  system  of  apportionment,  which  leaves 
the  minority  defenceless,  and  if  you  knock  out  this  check  upon 
the  majority,  where  will  the  minority  be?  I  must  protest 
against  this  amendment. 


462 


CONSTITUTIONAL  CONVENTION. 


Mr.  COFFEEX.  I  confess  I  was  not  prepared  to  take  up 
this  question,  but  I  am  going  to  vote  and  speak  for  the  amend- 
ment on  my  first  conviction  upon  the  matter.  I  am  not  with  my 
friend  from  Converse  011  this  question.  I  do  not  believe  the 
governor  is  the  representative  of  the  minority,  for  he  is  elected 
by  the  majority  of  the  entire  state,  and  he  comes  in  conflict 
for  the  time  being  with  the  majority  in  opposing  a  law,  but  as 
has  been  stated  the  veto  power  in  some  states  if  I  mistake  not, 
has  been  taken  away  entirely.  While  it  is  well  and  proper  to 
repose  great  legislative  power  in  your  executive  office  of  gov- 
ernor, think  whether  it  is  wise  or  not  to  give  him  more  power 
than  two-thirds  of  your  legislature. 

Mr.  RINER.  This  matter  was  given  some  attention  in  the 
committee,  and  I  have  made  a  pretty  careful  examination  of 
the  question  in  other  states,  and  I  find  one  case,  Ehode  Island, 
where  the  power  of  veto  is  taken  away  from  the  executive, 
'but  it  requires,  however,  that  every  proposition  shall  pass  by 
a  two-thirds  vote  of  both  houses,  which  amounts  exactly  to 
the  same  thing,  and  I  am  very  loth  to  depart  from  a  time  worn 
custom,  which  has  proved  to  be  a  very  wise  one  in  the  man- 
agement of  legislation.  I  don't  care  to  talk  about  it,  but  simp- 
ly call  the  attention  of  the  committee  to  the  fact. 

Mr.  CHAIRMAN.  The  question  is  on  the  amendment.  All 
in  favor  of  the  amendment  will  say  aye ;  contrary  no.  The  noes 
have  it;  the  amendment  is  lost.  Any  further  amendments  to 
•Sec.  8? 

Mr.  SMITH.  In  line  11  it  provides  that  a  bill  shall  be  re- 
turned within  three  days.  I  don't  think  three  days  is  long 
enough  in  a  rush  of  legislation. 

Mr.  RINER.  The  matter  was  brought  up  and  talked  over, 
I  think  very  carefully,  by  each  member  of  the  committee.  I 
see  no  reason  why  he  should  take  longer  than  three  days  to  con- 
sider any  bill. 

Mr.  GRANT.  In  the  fifth  and  seventh  lines  strike  out  the 
words  "elect"  and  insert  the  word  "present." 

Mr.  BROWN.  I  suggest  that  the  change  be  made  to  "mem- 
bers of  that  house." 

Mr.  CHAPLIN.  If  this  should  pass  it  might  in  some  cases 
be  possible  for  any  number  of  the  legislature,  less  than  those 
^who  opposed  the  bill,  to  pass  it  over  the  governor's  veto. 

Mr.  CHAIRMAN.  The  question  is  on  the  amendment  offer- 
ed by  Mr.  Grant.  All  in  favor  of  the  amendment  will  say  aye ; 
contrary  no.  The  noes  have  it;  the  amendment  is  lost.  Sec. 
'9.  Sec.  10.  Sec.  11. 

Mr.  RINER.  In  the  second  line  I  move  to  strike  out  the 
-word  "auditor." 


PROCEEDINGS  AND  DEBATES.  463 

Mr.  FOX.  It  seems  to  me  that  the  secretary  of  state  can 
perform  the  duties  of  auditor  of  state,  and  by  attaching  to  the 
office  a  proper  salary,  we  could  get  a  good  man  to  perform  the 
duties  of  both  offices,  and  save  the  state  the  expense  of  a  state 
auditor.  I  believe  we  should  reduce  the  number  of  state  offi- 
cers to  the  smallest  number  possible  to  have  efficient  service. 
I  don't  believe  of  course  in  crippling  the  state  government,  but 
I  do  think  the  secretary  of  state  could  perform  the  duties  of 
the  two  offices,  and  thereby  save  the  salary  of  an  auditor. 

Mr.  MORGAN.  I  think  we  should  have  both  an  auditor  and 
secretary  of  state.  In  the  first  place  who  will  handle  the  con- 
tingent funds  and  other  funds  which  should  be  audited,  and  a 
man  should  not  audit  his  own  accounts.  If  there  is  anything 
we  need  in  a  state,  it  is  an  auditor  of  public  accounts,  contin- 
gent and  state  funds.  Now  the  secretary  is  already  burdened 
with  the  additional  duty  of  acting  governor,  and  aside  from 
that  fact  in  the  territory  at  at  this  time,  the  secretary  has  near- 
ly as  much  work  a,s  one  man  can  do,  and  do  it  right/  We  don't 
want  a  man  to  be  acting  governor,  secretary  of  state  and  audit 
his  own  accounts. 

Mr.  RINER.  I  believe  in  attaching  a  fixed  salary  to  the 
office,  and  let  every  dollar  that  is  received  be  covered  into  the 
state  treasury.  This  thing  of  contingent  funds  is  the  curse  of 
this  territory,  and  will  be  of  the  state.  You  give  a  man  two 
or  three  thousand  dollars  for  a  contingent  fund,  and  the  fact 
of  it  is,  it  goes  into  his  own  pocket.  That  is  all  there  is  about 
it.  Attach  to  each  office  a  fixed  salary,  and  make  it  lar^e 
enough  to  get  good  servants.  Get  good  public  service  by  pay- 
ing a  salary  which  will  secure  to  the  state  good  and  efficient  of- 
ficers. I  think  a  man's  fitness  and  competency  is  the  only  qual- 
ification to  be  considered  by  an  intelligent  voter  in  electing  a 
man  to  this  office,  and  so  far  as  the  secretary  auditing  his  own 
accounts  is  concerned,  if  I  have  an  opportunity  to  vote  upon 
that  question  I  shall  certainly  vote  to  attach  a  fixed  salary, 
and  let  the  state  have  the  benefit  of  all  fees  and  accounts. 

Mr.  MORGAN.  The  secretary  of  state  would  have  to  have 
a  contingent  fund  as  well  as  any  other  officer.  The  secretary 
has  to  attend  to  all  the  printing  and  everything  of  that  kind, 
and  it  would  be  simply  impossible  to  do  without  it. 

Mr.  CHAIRMAN.  The  gentleman  from  Laramie  moves  to 
strike  out  the  word  "auditor"  in  line  two,  Sec.  11.  Are  you 
ready  for  the  question?  All  in  favor  of  the  motion  will  say  aye; 
contrary  no.  The  noes  have  it;  the  motion  is  lost.  Sec.  12. 
Any  amendments?  Sec.  13. 

Mr.  CAMPBELL.  Can  anyone  see  why  the  auditor,  taking 
into  account  his  duties  and  qualifications  necessary,  should 


464  CONSTITUTIONAL  CONVENTION. 

receive  two  thousand  dollars,  and  the  superintendent  of  public 
instruction  receive  fifteen  hundred  dollars?  From  the  informa- 
tion before  me  at  present  I  should  thing  the  superintendent 
should  receive  two  thousand  dollars,  and  cut  down  the  auditor 
to  fifteen,  if  necessary  to  keep  the  figures  the  same. 

Mr.  KIXER.  Until  otherwise  provided  by  law,  this  you  will 
notice  is  simply  for  the  present.  Considering  the  duties  of  our 
present  superintendent  of  public  instruction  I  think  the  salary 
is  sufficient,  and  it  leaves  it  in  the  power  of  the  legislature  in 
case  the  duties  of  the  office  should  increase,  to  increase  the 
salary  and  make  it  a  proper  amount. 

Mr.  CAMPBELL.  I  move  the  president  of  the  university  of 
the  state  of  Wwouiing  be  made  superintendent  of  public  in- 
struction. 

Mr.  COFFEEN .  I  do  not  believe  in  the  first  place  in  mak- 
ing the  president  of  the  university  ex-officio  superintendent. 
The  superintendent  ought  to  be  elected  and  most  carefully  se- 
lected, and  his  office  should  be  at  the  seat  of  government,  at 
the  capital.  In  the  next  place  the  educational  interests  of  the 
teachers  ought  to  be  distinct  in  themselves.  I  would  not  have 
the  teachers  of  the  common  schools  subject  to  the  same  influ- 
ence that  is  going  to  be  the  guide  in  the  building  up  of 
the  university,  and  if  the  president  of  the  university  were  here 
himself,  I  am  sure  he  would  not  favor  this  thing. 

Mr.  HAY.  I  would  like  a  little  information  as  to  the  duties 
of  the  superintendent  of  public  instruction.  As  I  understand 
it,  he  only  gets  about  five  hundred  a  year  now,  and  it  seems  to 
me  for  what  he  does  he  is  pretty  well  paid  at  that.  If  he  is  go- 
ing to  be  ex-officio  president  of  the  university  it  might  be  dif- 
ferent, but  simply  for  the  superintendent  I  think  two  thous- 
and dollars  is  too  much. 

Mr.  BROWN.    I  move  to  strike  out  the  word  "and"  in  the 
second  line,  in  the  third  line  strike  out  all  after  the  word  "au- 
ditor" down  to  the  words  "state  treasurer,"  and  in  the  fifth  line 
strike  out  the  words  "fifteen  hundred,"  and  insert  "two  thous- 
and."   If  the  duties  of  the  superintendent  of  public  instruction 
are  to  be  the  same  as  they  are  now,  I  agree  with  my  friend  that 
five  hundred  dollars  is  too  much,  but  if  the  duties  of  the  super- 
intendent of  public  instruction  are  to  be  as  they  shall  be  made 
by  law,  two  thousand  dollars  is  too  small.    When  a  man  goes 
over  this  territory  and  performs  the  duties  of  his  office  as  they 
should  be  performed,  and  as  the  law  makes  him  perform  them, 
take  a  man  the  most  of  his  time.    And  he  will  do  well  if  he  puts 
in  all  his  time  and  has  time  for  the  work.    The  reason  I  made 
this  motion  is  that  I  think  all  of  these  officers  should  be  paid 


PROCEEDINGS  AND  DEBATES.  465 

Ihe  same  salary.  Why  should  the  auditor  receive  more  than 
the  treasurer?  They  should  have  Hie  same  salary,  nothing  less 
surely. 

Mr.  HOYT.  If  I  may  be  permitted  on  this  subject,  as  chair- 
man of  the  committee  on  education,  and  other  matters  on  edu- 
cation, which  committee  has  already  sent  in  its  report,  I  desire 
to  say  that  according  to  the  plan  and  purpose  of  that  commit- 
tee, which  I  trust  will  be  approved  by  the  convention,  they  pro- 
pose that  the  superintendent  of  public  instruction  shall  be  a 
member  of  the  board  of  public  lands,  he  shall  have  to  do  with 
the  managements  of  these  lands,  that  is  the  large  body  of  lands 
that  will  come  to  the  state  .in  the  interests  of  schools  and  edu- 
cation, he  will  have  to  do  with  the  apportionment  of  the  funds 
to  the  different  counties,  he  wrill  have  a  heavy  correspondence 
with  all  parts  of  the  state.  There  will  no  doubt  in  every  county 
be  a  county  superintendent  with  whom  he  will  have  official  re- 
lations, it  will  be  his  duty  to  travel  all  over  the  state,  to  visit 
every  county,  to  attend  the  institutes  as  they  may  hold  their 
meetings,  and  to  oversee  the  whole  work  of  education  in  the 
state.  According  to  the  report  of  the  committee  he  w^ould  be  a 
member  of  the  state  board  of  health,  to  inspect  the  schools  so 
as  to  bring  the  public  schools  under  regulations  of  health,  and 
proractij  in  a  general  way  educat  on  in  this  state,  lie  will  there- 
fore be  the  head  of  education  in  this  state.  Arid  I  think  should 
have  a  salary  suitable  to  the  needs  of  the  office. 

Mr.  CIIAIKMAN.  The  question  is  on  the  amendment  to 
increase  the  salary  of  the  state  treasurer  and  superintendent 
of  public  instruction -to  two  thousand  dollars.  Are  you  ready 
for  the  question?  All  in  favor  of  the  motion  will  say  aye;  con- 
trary no.  The  ayes  have  it;  the  motion  prevails.  Sec.  !.*>.  Any 
amendments?  If  not  the  section  will  stand  approved  as  read.- 
Sec.  U. 

Mr.  FOX.  It  seems  to  me  that  some  of  the  members  of  this 
convention  seem  to  think  we  could  get  along  without  a  state 
auditor,  that  Sec.  11  could  be  amendeil  T,y  tsriking  out  part  of 
it,  and  providing  that  the  auditor  of  the  state  shall  be  state 
examiner. 

Mr.  HAY.  The  idea  of  a  state  examiner  is  to  have  a  man 
who  will  go  over  the  entire  territory  or  state,  examine  all  pub- 
lic accounts  in  the  state,  counties,  county  clerks,  treasurer, 
clerk  of  the  court,  etc.,  and  perform  any  other  duties  in  the  way 
of  examining  public  institutions  as  the  legislature  may  provide, 
also  to  examine  the  auditor's  office  as  well  as  other  state  offici- 
als. You  certainly  could  not  have  a  state  auditor,  and  have 
him  state  examiner  travelling  all  over  the  state  at  the  same 
time.  Another  thing  for  the  state  examiner  to  do  is  to  examine 
all  banks  incorporated  under  the  state  law,  and  every  public 
—  30 


466  CONSTITUTIONAL  CONVENTION. 

institution  of  that  kind,  and  I  have  no  doubt  that  it  will  take 
all  his  time  to  attend  to  the  'duties  of  his  office. 

Mr.  FOX.    I  only  offered  it  as  a  suggestion. 

Mr.  CHAIRMAX.  Any  amendments  to  Sec.  14?  If  not  the 
section  will  stand  approved.  Sec.  15. 

Mr.  RIXER.  An  amendment  has  been  handed  to  me  which 
I  think  in  view  of  the  action  already  taken  is  a  very  proper  one, 
and  I  offer  it  as  an  amendment  to  be  a.dded  to  the  substitute, 
to  be  numbered  16  I  believe.  The  amendment  is  this:  "The  gov- 
ernor of  this  state  is  authorized  to  call  upon  the  supreme  court 
of  the  state  for  opinions  on  points  of  law  in  times  of  emergency 
and  the  supreme  court  shall  give  such  opinions  with- 
out unnecessary  delay  and  without  additional  compensation. 
This  amendment  is  offered  because  we  have  done  away  with  the 
office  of  attorney  general,  and  this  provides  that  the  supreme 
court  shall  advise  the  governor.  This  has  been  done  in  several 
of  the  states. 

Mr.  PALMER  It  might  put  the  supreme  court  in  a  very 
embarrassing  position  to  be  compelled  to  answer  state  officials 
concerning  their  own  affairs,  and' I  suggest  that  it  only  refer 
to  matters  of  state  that  opinions  be  required  from  the  supreme 
court. 

Mr.  HARVEY.  I  looked  into  this  matter  in  connection 
with  other  members  of  the  committee  on  judiciary  and  I  was 
"at  first  inclined  to  favor  it.  They  adopted  this  proposition  in 
Colorado,  and  one  of  the  state  officials  called  upon  the  supreme 
judges  to  answer  a  question  of  law  in  connection  with  some 
controversy  which  had  come  up  in  his  office,  and  the  judges 
very  naturally  said  that  this  question  is  very  apt  to  come  be- 
fore us  for  decision,  and  we  therefore  decline  to  answer  it.  The 
more  I  think  of  it  the  more  it  seems  to  me  a  dangerous  provi- 
sion. The  supreme  court  cannot  act  as  attorney  general  and 
supreme  court. 

Mr.  COXA  WAY.  I  move  this  committee  now  rise,  report 
progress  and  ask  leave  to  sit  again. 

Mr.  CHAIRMAX.  You  have  heard  the  motion,  that  this 
committee  now  rise,  report  progress  and  ask  leave  to  sit  again. 
Are  you  ready  for  the  question  ?  All  in  favor  of  the  motion  will 
say  aye;  contrary  no.  The  ayes  have  it;  the  motion  prevails. 
The  committee  will  nowr  rise. 

Mr.  PRESIDEXT.  What  will  you  do  with  the  report  of 
your  committee,  gentlemen? 

Mr.  CAMPBELL.    I  move  its  adoption. 
Mr.  PRESIDEXT.    It  is  moved  the  report  of  the  committee 
^e  adopted.    Are  you  ready  for  the  question?  All  in  favor  of 
the  motion  will  say  aye;  contrary  no.    The  ayes  have  it;  the 
motion  prevails. 


PROCEEDINGS  AND  DEBATES.  467 

Mr.  RINER.  I  move  we  adjourn  until  1)  o'clock  tomorrow 
morning. 

Mr.  PRESIDENT.  It  is  moved  we  now  adjourn  until  0 
o'clock  tomorrow  morning.  Are  you  ready  for  the  question? 
All  in  favor  of  the  motion  will  say  aye;  contrary  no.  The  ayes 
have  it.  The  motion  prevails.  The  convention  will  now  ad- 
journ until  9  o'clock  tomorrow  morning. 


SEVENTEENTH  DAY. 

MORNING  SESSION. 

Friday  Morning,  Sept.  20,  1889. 

Mr.  PRESIDENT.    Convention  come  to  order. 

Roll  call;  twenty-eight  members  present. 
Reports  of  committees. 

Mr.  BFRRITT.  I  desire  to  move  that  the  irrigation  file  be 
made  special  order  of  the  day  for  tomorrow  morning. 

Mr.  PRESIDENT.  It  is  moved  that  the  file  on  irrigation  be 
made  special  order  for  tomorrow  morning.  Are  you  ready  for 
the  question?  All  in  favor  of  the  motion  will  say  aye;  contrary 
no.  The  ayes  have  it;  the  motion  prevails. 

Mr.  BAXTER.  I  move  we  now  go  into  committee  of  the 
whole  for  consideration  of  the  general  file. 

Mr.  PRESIDENT.  Gentlemen,  you  have  heard  the  motion. 
Are  you  ready  for  the  question  ?  All  in  favor  of  the  motion  will 
say  aye;  contrary  no.  The  ayes  have  it;  the  motion  prevails. 
Will  Mr.  Teschemacher  take  the  chair? 

Mr.  CHAIRMAN.  Committee  will  please  come  to  order. 
The  committee  arose  pending  the  following  amendment  offered 
by  Mr.  Riner  "The  governor  and  other  state  officers  are  author- 
ized to  call  upon  the  supreme  court  for  opinions  on  points  of 
law  in  times  of  emergency,  and  the  supreme  court  shall  be  re- 
quired to  give  such  opinions  without  unnecessary  delay  and 
without  additional  compensation." 

Mr.  HAY.  I  introduced  that  proposition  originally,  bur  it 
has  been  changed  in  some  respects,  my  idea  was  that  the  gov- 
ernor should  be  allowed  to  call  upon  the  supreme  court  on 
grave  points  of  law,  in  emergencies,  and  not  that  the  supreme 
court  should  be  made  attorney  general  at  all.  In  other  states 
they  have  adopted  this  and  it  seems  to  have  worked  very 
well,  but  as  to  allowing  the  supreme  court  to  be  called  upon 
for  every  trifling  matter  that  arises  was  not  contemplated  at 


468  CONSTITUTIONAL  CONVENTION. 

all,  aiul  including  the  oilier  stale  officials  was  not  a  part  of  my 
proposed  plan.  These  two  changes  give  it  a  very  different  char- 
acter and  would  naturally  prevent  the  committee  from  favorab- 
ly considering  it.  I  think  if  we  would  go  back  to  the  original 
proposition  it  would  probably  be  very  satisfactory  and  prove 
to  be  very  useful. 

Mr.  POTTER.  I  move  this  be  referred  to  the  judiciary  com- 
mit fee  and  I  will  state  my  reasons  for  that.  You  must  not  for- 
get that  this  is  an  exceedingly  grave  matter.  You  would  make 
the  supreme  court  give  an  opinion  on  a  question  that  might 
effect  very  great  property  rights  of  individuals,  without  their 
being  heard.  Colorado  has  a  provision  in  their  constitution 
that,  the  supreme  court  shall  be  called  upon  to  give  opinions 
to  the  legislature  and  the  governor  upon  similar  occasions,  and 
that  court  by  a  very  well  considered  opinion  has  shown  the  dan- 
gers of  that  kind  of  a  requirement,  and  that  the  court  has  to 
be  very  careful  in  answering  questions,  that  they  do  not  an- 
swer some  questions  that  will  involve  the  rights  of  individuals 
•without  giving  them  a  chance  to  be  heard,  because  the 
opinion  of  the  court  becomes  a  precedent,  and  this  system 
has  been  found  to  be  very  dangerous,  and  indeed  we  would 
have  to  have  a  supreme  court  composed  of  extremely  cautions 
men,  men  of  very  wise  judgment  to  carry  rntpVeffecifc  rightly  and 
properly  a  provision  of  this  character. 

Mr.  CAMPBELL.  I  was  opposed  to  this  because  it  made 
the  supreme  court  an  attorney  general,  but  with  the  explana- 
tion made  by  Mr.  Hay,  I  can  see  no  objection,  and  I  don't  think 
it  goes  to  the  extent  my  learned  friend  from  Laramie  seems  to> 
think.  They  have  this  provision  in  Nebraska,  and  while  per- 
haps it  is  not  favorably  considered  by  the  lawyers  and  the 
courts,  it  has  not  worked  any  great  evil.  I  believe  when  the 
supreme  court  or  any  court  or  lawyer  who  is  called  upon  to  ex- 
press an  opinion  in  an  emergency,  I /believe  that  any  lawyer  or 
judge  who  has  any  ability  will  not  hesitate  to  reverse  that 
opinion  the  moment  he  is  convinced  he  is  wrong,  and  I  am 
willing  to  trust,  in  grave  matters  of  this  kind,  that  a  supreme 
court  when  the  question  is  again  brought  before  it,  if  they  are 
convinced  that  they  are  wrong  in  the  opinion  that  they  have 
delivered,  they  will  reverse  it.  I  will  give  you  an  illustration. 
Judge  Black  when  he  was  practicing  at  the  bar  had  a  mies^ 
tion  submitted  to  him  by  a  number  of  persons  as  to  the  validity 
of  certain  bonds  in  a  proposed  railroad,  he  considered  the  mat- 
ter a  long  while  and  gave  them  a  very  long  opinion  upon  it, 
upon  which  he  had  spent  considerable  time.  He  was  afterward 
elected  to  the  supreme  court  of  Pennsylvania,  and  became  the 
superior  judge  of  that  court.  A  similar  question  came  before 
the  supreme  court  for  discussion,  not  the  same  case,  but  one- 


PROCEEDINGS  AND  DEBATES. 


469 


Involving  the  same  principle,  and  he  reversed  his  own  opinion 
'in  that  case.  I  believe  that  the  citizens  of  this  territory  will 
not  elect  persons  to  the  supreme  court  that  will  be  wedded  to 
a  private  opinion,  and  not  willing  to  reverse  themselves  if  they 
,;ire  convinced  that  it  is  wrong,  and  I  am  in  favor  of  the  proposi- 
tion with  the  modification  Mr.  Hay  has  suggested. 

Mr..  CONAWAY.  The  case  stated  by  Mr.  Campbell  is  one 
•of  the  strongest  arguments  that  could  be  made  against  this 
proposition.  That  opinion  given  by  Judge  Black  was  given  as 
sin  attorney,  and  did  not  carry  the  weight  and  authority  with 
it  that,  an  opinion  from  the  supreme  court  of  the  state  or 
territory  would  carry,  but  it  was  sufficient  as  it  was  to  induce 
men  to  take  important  steps  and  acquire  property  rights  un- 
der it,  and  after  the  same  question  had  been  investigated  and 
•submitted  to  the  supreme  court,  it  became  necessary  to  unset- 
tle all  the  property  rights  w^hich  had  been  acquired  under  the 
previous  opinion.  I  am  utterly  opposed  to:  the  proposition.  It 
was  considered  by  the  judiciary  committee  before  they  made 
their  report,  and  they  were  almost  unanimously  opposed  to 
It,  and  I  do  not  believe  anything  can  be  gained  by  referring  it 
back  to  the  judiciary  committee.  The  decisions  of  your  su- 
preme court  are  quoted  and  will  be  quoted  as  long  as  your 
territory  or  state  exists,  and  we  cannot  tell  how  far  reaching 
the  effect  may  be. 

Mr.  BAXTER  It  is  impossible  for  any  judge  upon  a  state- 
ment of  facts  before  the  matter  is  brought  into  court  to  say 
what  his  decision  will  be,  because  there  are  thousands  of  side 
lights  thrown  upon  the  question  from  its  appearance  in  court, 
.and  his  decision  before  it  reaches  that  point,  and  anything  he 
might  say  before  it  was  brought  before  him  on  the  bench  would 
only  have  the  weight  of  an  opinion  that  might  be  obtained  from 
.any  attorney  in  his  office,  and  does  not  carry  the  weight  of  a 
decision  from  the  bench.  In  addition  to  that  it  seems  to  me 
that  many  of  these  questions  would  probably  result  finally  in 
the  supreme  court,  and  it  would  hardly  be  a  satisfactory  thing 
to  the  other  party  to  the  contest,  who  was  presumably  the  loser 
'in  going  there  before  a  judge  that  had  already  passed  upon 
tin4  question,  and  I  don't  think  it  would  be  very  satisfactory  to 
the  supreme  court  to  be  called  upon  to  pass  upon  questions, 
and  subsequently  to  reverse  themselves  if  they  felt  they  ought 
to  do  it.  My  own  impression  is  that  it  would  be  far  better  to 
liave  an  attorney  general.  It  seems  to  me  that  upon  grave  and 
serious  occasions,  that  the  state  officers  might  and  very  likely 
would  be  in  need  of  advice,  and  there  should  be  some  properly 
•constituted  authority  to  whom  they  could  go,  and  I  think  for 
twelve  hundred  dollars  a  year  the  sen-ices  of  a  competent  man 
•oo-iil d  be  secured  as  attorney  general. 


470  CONSTITUTIONAL  CONVENTION. 

.Mr.  IIOLDKX.    I  do  not  desire  to  discuss  this  question.    I 
take  it  that  it  is  the  sense  of  this  convention,  as  it  Avill  prob- 
ably be  expressed  when    the  matter  comes  to  a  vote  that  it  is  not 
desirable  to  have  the  supreme  court  perform  the  duties  of  at- 
torney  general  of  the   state.     The  lawyers   understand   and 
everybody  else  ought  to  see  clearly  why  that  should  not  be  the 
rase.     I  will  only  say  that  it  does  seem  to  me  that,  if  there  is. 
any  person  throughout  the  length  and  breadth  of  this  state 
whose  mouth  should  be  closed  with  reference  to  the  expression 
of  an  opinion  upon  any  given  question,  that  is  liable  to  come  be- 
fore the  supreme  court,  or  any  other  court  for  judgment  or  de- 
cision, that  that  person  is  the  judge  of  that  court.    For  that  rea- 
son I  think  it  unnecessary  to  refer  this  question  to  the  commit- 
tee, because  whenever  it  comes  back  here,  in  whatever  form 
'it  comes,  this  convention  will  vote  it  down.    I  don't  believe  in 
making  an  attorney  of  a  supreme  court,  and  I  think  that  is  the 
sense  of  this  convention.    It  seems  to  me  to  save  time,  and  I 
regard  time  as  precious  just  now,  the  better  way  to  do  would 
be  to  vote  upon  the  proposition,  and  vote  it  down  right  away, 
Mr.  POTTER    The  reason  that  I  made  that  motion  is  this. 
I  did  not  know  what  discussion  had  been  had  upon  the  subject 
last  night,  as  I  was  not  here.     If  the  convention  don't  want 
that  kind  of  a  provision  well  and  good,  but  I  am  satisfied  as 
this  is  noAV  that  individual  rights  might  be  jeopardized  time 
and  again,  if  the  supreme  court  acted  as  attorney  general  as 
well  as  judge. 

MY.  FOX.  Speaking  from  a  layman's  point  of  view.  I  don't 
belong  to  the  legal  profession,  but  from  a  citizen's  standpoint, 
that  it  is  no  more  than  right  that  the  supreme  court  should 
have  something  to  do.  If  we  have  a  supreme  court  and  pay 
them  a  sufficient  salary  to  live  upon,  they  won't  have  more 
than  two  weeks  work  in  the  year,  and  I  see  no  reason  on  earth 
why  they  should  not  be  required  to  give  any  information  that 
would  be  required  of  a  state's  attorney.  I  believe  that  the  men 
and  I  believe  that  the  people  would  be  better  satisfied,  and  I 
don't  see  why  a  judge  of  a  supreme  court  cannot  give  his  opin- 
ion the  same  as  any  other  business  man,  and  if  he  finds  he  is 
wnmg  he  can  say  so,  when  it  comes  before  the  tribune  of  jus- 
tire,  and  I  see  nothing  to  prevent  it. 

Mr.  CHAIR  MAX.  The  question  is  on  the  motion  by  Mr. 
1'otter  il,:,t  this  be  referred  to  the  judiciary  committee;  are 
you  ready  f,,r  the  question?  All  in  favor  of  the  motion  will  say 
aye;  contrary  no.  The  ayes  have  it  ;  it  is  so  referred. 

Mr.  MOIK'.AX.  I  desire  to  offer  an  amendment  to  this 
Mil.  but  I  hesitate  to  do  so  because  of  the  preciousness  of  our 
time,  and  yet  I  desire  to  offer  an  amendment  to  this  bill  be- 
cause I  think  it  is  important,  and  if  you  do  not  think  so,  you 


-     '  .  PROCEEDINGS  AND  DEBATES.  471 

can  vote  it  down,  and  that  is  this:  Sec.  14  provides  for  a  state 
examiner.  I  move  it  be  stricken  out  and  that  Sees.  1,720  and 
1,721  of  the  revised  statutes  be  inserted  in  its  place.  This  pro- 
vides that  the  state  examiner  shall  be  appointed  by  the  govern- 
or and  confirmed  by  the  legislature.  Now  I  believe  that  the 
state  auditor's  accounts  and  the  state  treasurer's  accounts 
should  be  examined  as  nearly  by  the  people  as  possible,  and 
T  believe  that  the  manner  provided  for  in  our  revised  statutes  is 
much  'better  than  by  an  examiner  appointed  by  the  governor, 
I  should  much  prefer  the  present  plan  of  one  member  of  the 
senate  arid  two  of  the  house.  Then  there  is  another  important 
question  that  will  come  in  here,  just  consider  the  mileage  this 
official  will  necessarily  have  to  pay.  He  will  have  to  travel 
over  every  county  in  the  territory,  and  he  would  have  to  pay  his 
board.  I  believe  each  county  should  be  left  to  govern  its  own 
affairs  as  much  as  possible.  I  believe  that  nothing  should  be 
done  at.  Washington  that  can  as  well  lie  done  in  the  state,  and 
nothing  should  be  done  at  the  seat  of  state  government  that 
can  as  well  be  done  at  the  county  seat,  and  that  nothing  should 
be  done  at  the  county  seat  that  can  as  well  be  done  in  the 
township.  I  believe  this  is  a  very  important  matter.  I  believe 
the  counties  should  be  allowed  to  appoint  their  own  county 
auditor,  to  examine  and  manage  their  own  affairs. 

Mr.  PALMER.  I  am  surprised  to  hear  a  Republican  coun- 
seling local  self  government. 

Mr.  HAY.  These  two  sections  which  the  gentleman  refers 
to  have  been  on  the  statute  book  for  some  two  years,  and  we 
have  had  no  examination  made  under  it.  Under  this  provision 
I  don't  see  that  the  appointment  of  a  state  examiner  is  going 
to  prevent  that  legislative  examination  every  two  years  or 
whatever  it  is.  I  don't  see  that  it  would  prevent  the  examina- 
tion by  the  representatives  of  the  people  a.t  all,  and  I  think 
so  far  as  the  question  of  the  state  examiner  examing  the  of- 
ficials of  trust  in  the  various  counties,  he  may  save  some  coun- 
ty a  good  deal  more  than  his  salary  and  expenses,  and  also 
save  a  good  deal  to  the  state.  This  has  been  tried  in  a  number 
of  states  and  worked  exceedingly  well. 

Mr.  SMITH.  I  have  my  own  views  on  this  proposition,  but 
I  hope  this  amendment  to  strike  out  and  insert  these  two  sec- 
tions will  not  prevail.  The  matter  of  examing  county  records 
and  the  different  officials  of  the  various  counties  is  important, 
and  yet  it  does  seem  like  an  innovation  to  have  a  state  official 
come  in  and  do  that.  That  may  be  wise,  but  to  strike  out  that 
and  insert  the  other  it  seems  to  me  makes  it  a  matter  that 
/belongs  to  the  legislature  and  has  no  business  in  the  consti- 
tution at  all. 


472  CONSTITUTIONAL  CONVENTION. 

Mr.  CHAIKMAX.  The  question  is  on  the  substitute.  All 
in  favor  of  the  substitute  will  say  aye;  contrary  no.  The  noes 
have  it  ;  the  amendment  is  lost. 

.Mr.  JEFFKEY.  I  have  a  substitute  to  offer  for  See.  14. 
I  think  that  every  member  of  this  convention  realizes  the  im- 
portance of  this  subject  now  under  consideration.  The  great- 
est objection  I  see  is  this.  If  we  elect  a  state  or  county  audi- 
tor, or  whatever  you  may  term  it,  it  may  become  necessary  to 
examine  the  actions,  look  into  the  accounts  and  reports  of 
that  official  himself.  I  think  the  people  should  hold  in  their 
own  power  and  grasp  all  powers  that  are  not  necessarily  del- 
egated to  any  official.  I  have  here  a  proposition  which  cov- 
ers this  point,  which  will  retain  it  within  the  power  of  the  peo- 
ple themselves,  delegate  it  to  men  taken  and  selected  from  the 
people  themselves.  The  proposition  is  this:  "The  district  court 
of  each  county  at  each  term  thereof,  shall  appoint  a  number  of 
such  grand  jury,  not  exceeding  five,  to  investigate  the  official 
accounts  of  the  treasurer  of  said  county,  and  report  the  condi- 
tion thereof  to  the  court." 

Mr.  FOX.  My  first  objection  to  this  is  that  I  believe  the 
powers  should  be  delegated  to  the  legislature,  and  in  the  next 
place  I  don't  believe  an  ordinary  grand  jury  is  competent  to 
examine  the  accounts  of  the  treasurer. 

Mr.  BAXTER.  I  am  opposed  to  the  adoption  of  this  sub- 
stitute for  the  reason  that  I  don't  believe  that  it  readies  the 
Tjwint  as  well  as  the  section  as  it  noAv  stands.  I  cannot  con- 
ceive of  any  higher  obligation  than  this  convention  owes  to  the 
people  of  this  territory  than  throwing  about  public  funds  the 
desired  protection.  I  prefer  the  method  as  laid  down  here  than 
the  amendment  proposed,  for  the  reason  that  whoever  the  gov- 
ernor may  appoint  ^vill  presumably  toe  an  expert  in  his  busi- 
ness. The  governor  will  be  directly  accountable  to  the  people 
for  his  appointment.  He  would  be  a  citizen  of  the  state  just 
as  much  as  this  committee  would  be  citizens  of  the  state,  he  is 
selected  by  the  people  just  as  much  as  this  committee  would 
be,  exactly  in  the  same  way,  and  he  would  be  just  as  much  a 
direct  representative  of  the  people  as  you  could  get  in  any 
other  way.  His  duties  are  that  he  shall  examine  certain  state 
officials,  the  treasurers  of  such  public  institutions  as  may  be 
prescribed  by  law.  Now  it  seems  to  me  we  would  have  in  the 
employ  of  the  state  an  examiner  who  understands  all  these  ac- 
counts, and  to  whom  the  people  will  look  directly  for  protec- 
tion, and  a  man  who  would  be  a  little  more  competent  to  do  it 
than  the  ordinary  run  of  grand  jurors  or  committees.  Not  that 
I  desire  to  cast  any  reflections  upon  the  grand  juries,  among 
whom  we  number  our  best  citizens,  but  however  qualified  a 
man  may  be  in  his  special  department,  he  may  not  be  compe- 
tent to  examine  into  the  accounts  of  these  officers  as  a  man 


PROCEEDINGS  AND  DEBATES. 


473 


would  bo  who  is  especially  qualified  and  selected  and  directly 
responsible  to  ihe  people  for  his  actions. 

.Air.  JEFFREY.  With  all  due  respect  to  Mr.  Baxter  I  must 
deny  that  the  governor  is  as  competent  to  appoint  a  man  to 
this  position  as  the  people  themselves.  The  governor  of  a 
state,  while  he  may  be  conscientious,  pure  in  his  intentions, 
and  honorable  in  all  his  uiotiA'es,  is  more  or  less  .influenced, 
.and  must  necessarily  be  influenced  by  considerations  political 
and  their  surroundings.  We  take  it  for  granted  that  these 
citizens  selected  from  the  body  of  the  people  are  selected 
surely  with  some  respect,  with  some  consideration  for  their 
qualifications  for  serving  as  grand  jurors,  that  they  have  some 
idea  of  things.  I  have  no  objection  to  the  appointment  of  a 
state  auditor  or  county  auditor,  or  whatever  you  see  fit  to  term 
it,  but  I  claim  that  this  is  a  right  that  should  remain  with  the 
people,  and  the  grand  jury  certainly  conies  more  near  to  rep- 
resenting the  people,  and  will  be  more  interested  in  seeing 
that  the  affairs  of  their  counties  are  honestly  administereo 
than  any  state  official  could  possibly  be,  and  for  this  reason 
I  propose  this  amendment.  I  believe  the  power  should  be  con- 
ferred expressly  upon  the  representatives  of  the  people,  as 
grand  jurors,  and  while  I  am  not  opposed  to  the  appointment 
•or  election  of  an  auditor  of  state,  for  this  purpose.  I  am  in  fa- 
Tor  of  throwing  around  the  public  funds  and  the  administra- 
tion of  public  affairs,  this  additional  safeguard,  and  not  leaA'ing 
it  unsettled  by  placing  it  in  such  express  terms  that  every  man 
who  holds  office  under  the  constitution  of  this  state  will  know 
that  at  any  time  his  accounts  and  his  affairs  are  liable  to  ex- 
amination'and  investigation  by  a  committee  of  grand  jurors 
of  the  county  in  which  he  may  hold  office. 

Mr.  CHAIRMAN.  The  question  is  on  the  amendment  of- 
fered by  Mr.  Jeffrey.  Are  you  ready  for  the  question?  All  in 
favor  of  the  amendment  will  say  aye;  contrary  no.  The  noes 
have  it;  the  amendment  is  lost. 

Mr.  BROWN,  I  have  an  amendment  to  offer  to  Sec.  1. 
We  say  that  the  executive  power  is  vested  in  the  governor,  and 
we  go  on  and  provide  for  officials,  as  may  be  provided  by  law. 
I  offer  the  following  as  a  substitute,  as  I  think  the  section 
should  be  amended:  "Th,e  executive  power  shall  be  vested  in 
the  governor,  secretary  of  state,  auditor,  treasurer,  and  super- 
intendent of  public  instruction,  and  such  other  officers  as 
may  be  prescribed  by  law,  and  who  shall  hold  their  offices  for 
four  years  and  until  their  successors  are  duly  elected  and  qual- 
ified.'' 

Mr.  CAMPBELL.  I  think  we  want  to  go  a  little  slow  about 
tliis.  I  take  it  there  is  a  difference  between  executive  power 
and  executive  department,  and  by  this  amendment  you  divide 
the  executive  power,  which  should  be  in  the  governor,  and  not 
divided  among  these  other  officers.  I  think  Judge  Brown  will 


CONSTITUTIONAL  CONVENTION. 

see  that  he  ought  to  change  his  words  and  make  it  executive- 
department  instead  of  executive  power.  Under  this  amend- 
ment you  vest  the  executive  power  in  a  dozen  different  offi- 
cials, and  it  should  be  vested  in  the  governor  and  the  governor 
alone,  but  the  executive  department  may  consist  of  a  dozen  dif- 
ferent officials. 

.Mr.  CON  AW  AY.  I  wish  to  say  a  few  words  upon  this 
question  and  express  the  ideas  I  have  as  briefly  as  I  can.  It 
seems  to  me  that  the  sections  as  they  stand  express  the  inten- 
tion of  the  committee  who  made  this  report.  They  are  in  the 
ordinary  form  of  such  provisions  in  the  different  state  consti- 
tutions, and  in  the  proper  form.  The  article  is  headed  execu- 
tive department.  Sec.  1  provides  for  a  governor,  in  whom  the 
evecutive  power  is  properly  vested,  the  other  section  goes  on 
and  provides  for  other  officials,  who  together  with  the  govern- 
or constitute  the  executive  department.  I  presume  that  the 
amendment  was  introduced  with  the  idea  of  making  the  sec- 
t^>ns  consistent  with  each  other.  They  are  consistent  as  they 
stand.  Executive  department  has  an  entirely  different  mean- 
ing from  executive  power.  Under  the  head  of  executive  de- 
partment we  provide  for  a  governor  and  wiiat  power  he  shall 
be  vested  with,  and  for  other  officials,  and  with  what  author- 
ity they  shall  be  vested.  It  covers  the  wrhole  question,  and  I 
do  not  think  the  amendments  are  necessary. 

Mr.  CHAIRMAN.  The  question  is  on  the  amendment.  AH 
in  favor  of  the  amendment  will  say  aye;  contrary  no;  The 
noes  have  it;  the  amendment  is  lost. 

Mr.  BROWN.  I  think  the  convention  has  made  a  great 
mistake.  We  say  that  the  judicial  power  is  vested  in  a  certain 
court,  by  an  affirmative  amendment  it  excludes  all  others. 

Mr.  MORGAN.  I  move  to  strike  out  the  word  "shall'5  in 
Sec.  14  and  insert  the  word  "may." 

Mr.  CHAIRMAN.  Gentlemen,  you  have  heard  the  motion. 
Are  you  ready  for  the  question?  All  in  favor  of  the  motion 
will  say  aye;  contrary  no.  The  ayes  have  it;  the  amendment 
prevails. 

Mr.  POTTER.  To  carry  out  the  idea  of  Sec.  1  and  to 
bring  it  (before  the  convention  in  a  more  simplified  form,  that 
there  should  be  no  question  about  the  right  of  the  state  to  in- 
crease the  necessary  officers,  I  move  to  insert  at  the  end  oi 
Sec.  11,  which  provides  for  the  election  of  a  secretary  of  state, 
auditor,  etc.,  "the  legislature  may  provide'  for  such  other  of- 
ficers as  may  be  deemed  necessary." 

Mr.  CHAIRMAN.  Gentlemen,  you  have  heard  the  motion. 
Are  you  ready  for  the  question?  All  in  favor  of  the  motion  will 
say  aye;  contrary  no.  The  ayes  have  it;  the  motion  prevails. 

Mr.  SMITH.  '  I  move  when  this  committee  rise  they  report 
back  the  substitute  for  File  51  and  5<>  with  'the  recommenda- 
tion that  it  be  adopted. 


PROCEEDINGS  AND  DEBATES.  475 

Mr.  CHAIRMAN.    Xjentlemen,  you  have  heard  the  motion. 

Are  you  ready  for  the  question?  All  in  favor  of  the  motion  will 

say  aye;  contrary  no.    The  ayes  have  it;  the  motion  prevails. 

*   The  next  thing  on  the  general  file  is  the  substitute  for  Files  9 

and  3(3,  militia.    Sec.  1. 

Mr.  PALMER.  I  move  to  strike  out  the  word  "male."  If 
the  women  vote,  I  don't  see  why  they  should  be  excluded  here. 

Mr.  BURRITT.  In  line  two  I  move  to  strike  out  "eigh- 
teen" and  insert  "twenty-one." 

Mr.  FOX.  I  object  to  the  motion  because  the  United  States 
law  makes  all  persons  eighteen  years  old  subject  to  military 
duty. 

Mr.  CHAIRMAN.  The  question  is  on  the"  amendment.  All 
in  favor  of  the  amendment  will  say  aye ;  contrary  no.  The  noes 
have  it;  the  amendment  is  lost. 

Mr.  SMITH.  In  line  four  I  move  to  strike  out  "shall"  and 
insert  "may."  • 

Mr.  JEFFREY.  I  hope  the  motion  will  not  prevail.  This 
is  the  usual  provision. 

Mr.  CHAIRMAN.  I  believe  there  was  no  second  to  the 
amendment.  Any  further  amendments?  Sec.  2. 

Mr.  BROWN.  I  move  to  strike  out  all  of  Sec.  2  after  the 
words  "United  States."  The  other  part  of  the  section,  that 
the  legislature  shall  provide  for  the  enrollment,  equipment 
discipline  of  the  militia,  are  all  that  is  necessary  to  make  the 
state  militia  effective,  and  it  enforces  them  to  pass  such  laws 
as  may  be  deemed  wise  for  the  purpose  of  forming  military  or- 
ganizations. I  can  see  no  reason  why  you  should  put  a  clause 
in  the  constitution  patting  the  legislature  on  the  back,  and 
encouraging  them  to  make  appropriations  to  promote  volun- 
teer organizations.  I  think  Ave  can  trust  the  legislature  to 
deal  wisely  with  the  military  question  in  the  future.  The 
words  seem  to  me  entirely  superfluous,  and  since  the  first  part 
gives  the  legislature  power  in  its  discretion  to  do  all  the  things 
mentioned  in  the  last  clause. 

Mr.  FOX.  I  will  make  an  explanation  in  regard  to  this. 
The  matter  was  brought  up  in  the  committee,  and  this  sec- 
tion was  recommended  to  be  added  for  the  reason  that  we 
have  some  voluntary  organizations  that  have  organized,  elect- 
ed their  officers,  bought  their  uniforms,  and  have  to  pay  for  a 
place  of  meeting  for  the  transaction  of  their  business,  and  to 
keep  their  belongings  together,  and  they  have  to  pay  all  their 
expenses  out  of  their  own  pockets.  If  they  have  to  pay  some 
rent  they  have  got  to  get  up  some  kind  of  an  entertainment 
to  do  it,  to  raise  money  to  keep  up  their  organization, 
I  think  as  long  as  these  men  have  volunteered  to  organize  into 
a  body  that  may  be  called  out  at  any  time  to  supress  insurrec- 
tion, it  is  no  more  than  right  that  they  should  have  expenses 
paid,  or  nearly  so. 


CONSTITUTIONAL  CONVENTION. 

Mr.  CHAIRMAN.  The  question  is  on  the  amendment.  All 
in  favor  of  the  amendment  will  say  aye;  contrary  no.  The 
ii.ves  have  it;  the  motion  prevail*;. 

Mr.  BAXTER.  I  move  to  strike  out  the  words  "no  de- 
vire."  My  reason  for  this  is  this.-  There  is  a  company  of  Wyo- 
ming militia  in  this  city,  Co.  B,  and  they  haAre  recently  been 
-discussing  a  flag  for  the  company,  and  they  have  just  about 
derided  upon  what  they  will  get.  Their  idea  is  to  get  a  flag  of 
the  United  States,  and  upon  either  side  would  be  the  coat  ol 
arms  of  Wyoming.  They  would  combine  the  idea  of  loyalty  to 
the  general  government  and  their  allegiance  to  the  state  of 
Wyoming.  I  do  not  think  they  should  be  allowed  to  carry  any 
-other  flag  than  the  flag  of  the  United  States,  but  think  they 
should  be  allowed  to  make  a,  choice  of  such  device  for  a  com- 
pany banner  as  will  be  distinctive  of  the  company. 

Mr.  BURRITT.  I  would  like  to  ask  soine  members  of  this 
convention  who  have  examined  the  state  constitutions  of  other 
states,  if  they  have  found  a  single  provision  of  that  kind  in  it. 
These  matters  are  all  left  to  the  legislatures. 

Mr.  FOX.  The  object  of  this  said  section  was  to  pre- 
vent any  military  organization  within  the  state  from  carrying 
•any  flag  but  that  of  the  United  States.  We  do  not  w^ant  any 
military  organization  in  this  state  going  around  with  any  oth- 
•er  flag. 

Mr.  BROWN.  I  quite  agree  with  the  object  of  the  commit- 
tee in  presenting  this  section.  When  a  man  becomes  a  citizen 
of  the  United  States  he  wants  to  remember  from  that  time 
on  he  is  a  citizen  of  the  United  States,  and  he  doiit  want  to 
carry  around  the  flag  of  any  other  country,  but  in  order  to  cov- 
er the  suggestion  offered  by  the  gentleman  from  La  ramie,  I 
desire  to  offer  this  substitute.  "No  military  organization  un- 
der the  laws  of  this  state  shall  carry  any  banner  or  flag  repre- 
senting any  sect  or  society,  nor  the  flag  of  any  nationality  but 
that  of  the  United  States'." 

Mr.  CHAIRMAN.  The  question  is  on  the  substitute.  All 
in  favor  of  the  amendment  will  say  aye;  contrary  no.  The  .ayes 
have  it;  the  substitute  prevails. 

Sec.  5.    Any  amendments?  The  section  stands  approved. 

Mr.  FOX.  I  move  when  this  committee  arise  they  report 
back  this  file  with  the  recommendation  that  it  be  adopted. 

Mr.  CHAIRMAN.  Gentlemen,  you  have  heard  the  motion. 
Are  you  ready  for  the  question?  All  in  favor  of  the  motion 
will  say  ayr;  Contrary  no.  The  ayes  have  it;  the  motion  pre- 
vails. The  next  thing  on  the  general  file  is  File  31.  Sec.  1. 
Any  amendments? 

Mr.  IRVINE.    I  move  to  strike  out  Sec.  1. 


PROCEEDINGS  AND  DEBATES.  47 >j> 

Mr.  CHAIRMAN.  The  question  is  on  the  motion  to  strike 
out.  All  in  favor  of  the  motion  will  say  aye;  contrary  no.  The 
hoes  have  it;  the  motion  is  lost. 

Mr.  BFRRITT.    I  move  this  committee  rise  and  report. 
Mr.  CHAIRMAN.    It  is  moved  that  this  committee  now  rise 
and  report.    All  in  favor  of  the  motion  will  say  aye;  contrary 
no.    The  noes  have  it ;  the  motion  is  lost. 
Sec.  2. 

Mr.  HAY.    I  move  it  be  stricken  out. 

Mr.  CHAIRMAN.  The  question  is  on  the  motion  to  strike 
out.  All  in  favor  of  the  motion  will  say  aye;  contrary  no. 
The  noes  have  it;  the  motion  is  lost. 

Mr.  IJIVINE.    I  move  this  committee  now  rise  and  report. 
Mr.  CHAIRMAN.    The  question  is  on  the  motion  to  rise  and 
report.    All  in  favor  of  the  motion  will  say  aye;  contrary  no.. 
The  noes  have  it;  the  motion  is  lost.     Sec.  3.    Sec.  4.    Sec.  5. 
Sec.  6. 

Mr  BAXTER .  While  our  chairman  seems  to  want  to  rush 
us  through  like  a  race  horse,  I  have  an  amendment  to  offer  to 
Sec.  3.  By  adding  after  the  words  "common  carriers"  the  fol- 
lowing :  "And  as  such  must  be  made  by  law  to  extend  the  same 
equality  and  impartiality  to  all  who  use  them,  whether  indi- 
viduals or  corporations." 

Mr.  POTTER.  I  believe  the  convention  is  rushing  into 
something  here  that  they  will  not  themselves  vote  for,  and  this 
matter  is  one  that  requires  a  good  deal  of  consideration,  and  I 
don't  think  we  have  time  now  to  consider  it.  It  is  nearly  noon 
now,  and  I  don't  think  we  should  try  to  take  up  this  subject 
this  morning. 

Mr.  CHAIRMAN.  The  question  is  on  the  amendment  as 
offered  by  Mr.  Baxter.  Are  you  ready  for  the  question?  All  in 
favor  of  the  motion  will  say  aye;  contrary  no.  The  ayes  have 
it;  the  motion  prevails.  Sec.  7.  Sec.  8.  Sec.  9. 

Mr.  SMITH.  I  move  that  when  this  committee  rise  they 
report  back  this  file  with  the  recommendation  that  it  be 
adopted. 

Mr.  CHAIRMAN.    Gentlemen,  you  have  heard  the  motion. 
Are  you  ready  for  the  question?  All  in  favor  of  the  motion  will 
say  aye;  contrary  no.    The  ayes  have  it;  the  motion  prevails. 
Mr.  IRVINE."  I  move  this  committee  now  rise'  and  report. 
Mr.  CHAIRMAN.    It  is  moved  that  the  committee  now  rise 
and  report.    Are  you  ready  for  the  question?  All  in  favor  of 
the  motion  will  s_ay  aye;  contrary  no.    The  ayes  have  it;  the  mo- 
tion prevails.    The  committee  will  now  rise. 

Mr.  PRESIDENT.     What  will  you  do  with  the  report  of 
your  committee,  gentlemen? 

Mr.  SMITH.    I  move  the  report  J)e  adopted. 


478  CONSTITUTIONAL  CONVENTION. 

Mr.  PRESIDENT.  Gentlemen,  YOU  have  heard  the  motion. 
Are  you  ready  for  the  question?  All  in  favor  of  the  motion 
will  say  aye;  contrary  no.  The  ayes  have  it;  the  motion 
prevails. 

Mr.  RINER.    I  move  we  adjourn  until  7:39  this  evening. 

Mr.  PRESIDENT.  You  have  heard  the  motion.  Are  you 
ready  for  the  question?  All  in  favor  of  the  motion  will  say  aye; 
contrary  no.  The  ayes  have  it;  the  motion  prevails. 

EVENING  SESSION. 


Friday  evening,  Sept.  20th. 

Mr.  PRESIDENT.    Convention  wiil  come  to  ofder. 

Mr.  BURRITT.  I  move  we 'go.  into  committee  of  the  whole 
for  consideration  of  the  general  file. 

Mr.  PRESIDENT.  Gentlemen,  it  is  moved  that  we  do  now 
go  into  committee  of  the  whole  for  consideration  of  the  gen- 
eral file.  Are  you  ready  for  the  question?  All  in  favor  of  the 
motion  wTill  say  aye;  contrary  no.  The  ayes  have  it;  the  mo- 
tion to  go  into  committee  of  the  whole  prevails. 

Will  Mr.  P>urritt,  of  Johnson,  take  the  chair? 

Mr.  CHAIRMAN.  Gentlemen  of  the  convention,  the  first 
thing  on  the  general  file  is  the  substitute  for  File  No.  50,  judic- 
iary. Sec.  1  will  be  read.  Any  amendments  to  Sec.  1? 

Mr.  COFFEEN.  I  have  an  amendment  to  offer.  To  insert 
after  the  last  word  in  the  second  line  the  words  "courts  of  arbi- 
tration.'1 I  think  this  convention  has  already  indicated  its 
favorable  opinion  towards  courts  of  arbitration,  so  I  move  to 
insert  the  words  "courts  of  arbitration." 

Mr.  GRANT.    Is  there  not  a  section  in  the  file  providing 
for  such  courts? 

Mr.  COFFEEN.  Yes,  but  it  does  not  recognize  them  as  one 
of  the  departments  of  the  judiciary,  as  I  believe  it  should. 

Mr.  CON  AW  AY.  This  is  a  question  that  deserves  serious 
consideration,  and  I  think  the  gentleman  has  made  his 
motion  without  sufficient  consideration.  In  the  course  of  my 
experience  and  observation,  and  I  wish  to  call  the  attention  ot 
the  convention  to  this  point,  and  I  think  the  experience4  of  oth- 
ers who  have  had  experience  in  legal  matters  is  the  same, 
f  wish  to  call  the  attention  of  attorneys  and  everybody  else  to 
ihe-  consideration  of  the  fact  that  a  court,  of  arbitration  is  n 
misnomer,  and  is  unknown  to  law.  We  have  boards  of  arbitra- 
tion, but  such  a  thing  as  a  court  of  arbitration,  I  never  heard 
of.  A  court  is  an  authority  that  may  not  only  decide  between 
the  rights  of  parties  and  say  what  those  rights  are,  but  it  is 
an  instil  ut  ion  that  can  render  judgment  and  has  an  officer  to 
enforce  that  judgment.  A  court  of  arbitration  never  did  nor 
never  will  have  such  an  officer.  That  is  the  difference  between 


PROCEEDINGS  AND  DEBATES. 


179 


-a  board  of  arbitration  and  a  court.  Now  if  it  is  desirable  to 
establish  a  court  of  arbitration  with  a  sheriff  or  marshal  or 
.any  othfer  officer  whatever  you  may  choose  to  call  him,  to  en- 
force its  judgments,  that  is  a  very  important  question  to  con- 
sider, if  that  is  the  proposition,  and  I  do  not  want  this  conven- 
tion to  pass  upon  that  question  without  serious  consideration. 
And  there  is  another  important  consideration  that  has  weight 
upon  this  point.  Whether  such  a  court  is  necessary?  Cannot 
any  court  that  we  have  now  in  this  territory,  already  organ- 
ized, with  all  the  officers  necessary  to  carry  its  judgments  into 
effect,  cannot  any  of  our  courts  proceed  and  render  judgment 
in  these  matters,  without  the  trouble  of  organizing  a  separate 
court,  or  board  of  arbitration  ?  If  the  parties  have  come  to  that 
point  that  they  are  willing  to  agree  upon  a  question  of  differ- 
ences between  them  and  submit  them  to  a  board  of  arbitration 
why  not  submit  it  at  once  to  a  court?  After  they  have  irone 
through  the  process  of  submitting  it  to  a  board  of  arbitrators, 
they  are  just  ready  to  go  into  court  and  lay  aside  that  decision 
if  either  party  does  not  wish  to  abide  }DV  it.  That  is.  the  ob- 
jection that  I  have  to  calling  it  a  court  of  arbitration.  It  is 
not  a  court  and  you  cannot  make  it  a  court  without  making  a 
great  many  other  provisions  besides  the  one  offered.  They  are 
utterly  powerless  to  enforce  any  decision,  and  I  hope  the  con- 
vention will  consider  this  very  carefully  before  they  act  upon 
it, 

Mr.  CAMPBELL.  I  beg  the  indulgence  of  the  convention 
a  feAV  moments.  I  am  heartily  in  favor  of  this  amendment. 
I  don't  think  that  any  of  £he  difficulties  suggested  by  my  f rieiio. 
from  Sweetwater  will  apply  to  this  amendment  at  all  if  put 
into  the  constitution.  We  might  have  courts  of  arbitration 
that  would  work  very  Avell  in  certain  cases.  I  don't  think  it  is 
the  purpose  of  the  mover  of  this  amendment,  that  any  judg- 
ment that  the  court  might  render  should  be  a  final  judgment. 
Let  me  illustrate  for  a  moment  how  if  you  have  a  court  of  ar- 
bitration it  would  be  advantageous  to  persons  having  claims 
against  debtors.  Say,  for  instance,  that  Mr.  Hay,  the  cashier 
of  the  Stockgrowers'  bank,  has  a  note  for  two  thousand  dol- 
lars against  a  person  in  Fremont  county,  he  wants  to  get  judg- 
ment against  a  debtor  in  Fremont  county,  suppose  that  note 
becomes  due  in  August  of  this  year,  and  the  man  don't  pay 
it,  Mr.  Hay  w^ants  some  security,  but  he  cannot  get  it,  he  has 
got  to  wait  until  next  June  for  a  judgment  in  the  district  court 
•sitting  in  Fremont  county.  Now  if  you  had  a  board  of  arbitra- 
tion Mr.  Hay  could  go  to  the  clerk  of  the  court,  after  serving- 
notice  on  the  debtor,  and  have  three  parties  appointed  to  de- 
termine whether  or  not  you  owe  Mr.  Hay  that  money.  That 
l3oard  may  be  learned  or  not  in  the  law.  They  pass  upon  this 
-claim  and  Mr.  Hay  gets  a  lien  against  the  real  estate.  In  a 


480  CONSTITUTIONAL  CONVENTION 

country  like  this  where  in  several  of  the  counties  we  only  have 
court  once  a  year,  I  think  it  would  be  a  very  wise  plan  to  have 
some  process  which  will  protect  persons  against  a  foreign  cred- 
itor, and  permit  him  to  have  some  process  which  wrill  .operai** 
against  any  real  estate  the  man  may  own.  I  know  in  some 
states  where  they  have  such  a  provision  as  this  it  operates  very 
well,  and  the  attorneys  would  not  part  with  it. 

Mr.  SMITH.  As  a  process  for  collection  of  debts,  I  should 
favor  this  proposition,  but  it  seems  to  me  it  should  not  conn1  m 
here,  as  a  board  -of  arbitration  is  purely  a  creature  of  the 
statute,  something  not  known  in  common  law,  and  should  be 
left  to  the  legislature  to  regulate,  and  I  think  this  matter  is 
entirely  covered  by  Sec.  27  of  this  file.  They  simply  enter  a 
finding  and  that  is  entered  by  the  clerk  of  the  court,  and  that 
is  a  lien  against  the  real  estate,  but  that  is  not  making  that 
board  a  court  in  any  sense.  They  cannot  enforce  the  judgment 
themselves,  and  have  no  officer  by  wrhich  they  can  enforce  it. 
The  process  is  a  good  one,  but  it  is  something  in  the  nature  of 
legislation.  And  wre  ought  not  to  put  it  in  here  and  try  to 
make  a  court  of  it  when  it  is  not  a  court  in  the  sense  in  which 
we  use  the  word  court.  Sec.  27  covers  the  ground  entirely,  it 
gives  the  legislature  powrer  to  provide  for  this,  and  to  pre- 
scribe its  duties  and  powders.  If  you  are  going  to  make  it  a 
court,  you  must  necessarily  go  further,  and  provide  for  a  great 
many  things  besides,  and  turn  this  convention  into  a  legisla- 
ture. 

Mr.  COFFEES.  I  want  to  say  a  word  in  reference  to  this, 
having  introduced  the  amendment.  If  the  gentleman  wrho  first 
followed  me,  making  his  argument  applying  to  the  word  court, 
prefers  the  word  board,  we  will  accept  that  amendment,  but 
if  he  means  entirely  to  prevent  the  judicial  power  of  this  state 
being  so  constituted  that  the  laboring  people  can  have  their 
difficulties  settled  without  expense  and  trouble  attending  Ht- 
i nation  in  labor  troubles,  and  labor  questions,  I  must  con- 
clude he  is  not  in  favor  of  either  one,  board  or  court.  I  want 
this  classed  among  the  judicial  powrers  of  the  state,  T  want 
to  have  the  powers  expressed  in  File  84,  introduced  here  by 
Mr.  Russell,  but  in  addition  thereto  I  want  to  have  these  boards 
of  arbitration  recognized  as  a  part  of  the  judiciary  of  the 
state,  where  laboring  men,  labor  associations,  can  have  their 
rights  adjudicated,  in  case  of  strikes,  and  difficulties  which 
so  frequently  arise,  so  that  they  can  have  them  settled  without 
the  great  expenditure  of  money  which  usually  attends  mat- 
ters of  this  kind. 

Mr.  OH  AIRMAN.  The  question  is  on  the  amendment.  All 
in  favor  of  the  motion  will  say  aye;  contrary  no.  The  ayes 
have  it ;  it  is  so  amended. 


PROCEEDINGS  AND  DEBATES.  481 

Mr.  POTTER.  I  move  to  insert  the  word  "such"  before 
the  word  "courts"  in  the  second  line;  such  courts  of  arbitration. 
Mr.  COFFEEN.  I  am  opposed  to  this  amendment.  In  the 
first  place  it  does  not  read  Avell,  but  I  will  not  press  that.  But 
this  leaves  it  voluntary  with  the  legislature  whether  they  do 
these  things  or  not.  I  do  not  want  any  uncertainty  about  it. 
I  want  to  fix  it  so  that  the  laboring  people  of  this  country  can 
have  their  difficulties  passed  upon  by  a  responsible  court.  By 
inserting  this  word  such  you  destroy  the  whole  thing.  I  want 
to  say  that  the  legislature  shall  establish  these  courts  of  arbi- 
tration just  as  they  shall  any  other  court. 

Mr.  POTTER.    I  don't  think  my  amendment  is  subject  to 
the  criticism  the  gentleman  has  made  upon  it,  and  in  suggest- 
ing that  amendment  I  do  not  want  to  be  understood  as  desir- 
ing to  oppose  the  laboring  classes  of  this  or  any  other  country. 
I  am  a  laboring  man  myself,  and  if  anybody  works  longer  or 
harder  than  I  do  I  would  like  to  find  that  man.    I  see  no  ob- 
jection in  making  it  incumbent  upon  the  legislature  to  provide 
for  a  board  where  a  number  of  employes,  or  a  number  of  per- 
sons, shall  be  permitted  to  submit  their  differences  to  that' 
board.    But  you  here  say  you  will  establish  a  court  of  arbitra- 
tion, and  as  stated  by  the  gentleman  from  SweetAvater,  if  you 
do  that  it  will  be  necessary  to  prescribe  all  the  matters  and 
things  connected  with  it.     What  it  shall  consist  of,  what  it 
shall  do,  and  how  it  shall  do  it.    I  thought  we  could  obviate  all 
this  by  inserting  this  word  "such,"  leaving  it  to  the  legisla- 
ture to  prescribe  such  boards  of  arbitration  as  they  saw  fit. 
I  am  opposed  however  to  the  establishment  of  a  court  of  arbi- 
tration, which  shall  have  jurisdiction  in  all  cases  between  an 
employer  and  an  employe,  because  we  give  them  a  dozen  other 
courts,  learned  in  the  law  who  shall  determine  those  questions. 
If  an  employe  has  any  difference  with  his  employer,  he  has 
the  justice  of  the  peace  court,  or  the  district  court,  in  which  he 
can  recover  his  wages,  the  same  as  any  other  creditor  has.    We 
have  a  provision  in  our  statute  uowr  for  the  arbitration  of  differ- 
ences, and  I  know  that  it  has  been  acted  under.    I  have  seen 
a  voluntary  submission  of  their  differences,  and  we  have  seen 
it  right  here.     But  as  I  said  before  this  section  as  it  stands 
now  with  Mr.  Coffeen's  amendment,  making  these  courts  of 
arbitration  a  part  of  our  judiciary,  necessitates  a  great  many 
other  things.    We  may  wrant  more  than  one  court;  how  many 
are  you  going  to  have?  Are  they  to  be  elected  or  appointed? 
Are  we  going  to  prescribe  all  these  things  or  leave  it  to  the 
legislature  to  provide  these?  It  seems  to  me  that  the  word 
"such"  in  here  is  necessary. 

Mr.  CONAWAY.    The  discussion  shows  just  what  I  appre- 
hended in  the  first  place.     The  difference  in  regard  to  the 
functions  of  this  court  as  stated  by  Mr.  Campbell  and  Mr.  Cof" 
— 31 


482  CONSTITUTIONAL  CONVENTION.  r.— , 

feen,  shows  this.  My  friend  from  Laramie  wants  it  in  order 
that  creditors  may  collect  their  debts,  and  my  friend  from. 
Sheridan  in  order  that  differences  between  employer  and  em- 
ploye may  be  settled.  I  see  no  objection  to  the  word  such, 
and  in  order  to  make  the  idea  clear,  to  make  clear  the  meaning 
desired  by  my  friend  from  Sheridan,  we  can  insert  a  few  more 
words  here,  and  I  think  it  will  be  all  right.  Insert  "such  courts 
of  arbitration  as  the  legislature  may  establish,  and  such  other 
courts  as  the  legislature  may  by  general  law  establish." 

Mr.  CHAIRMAN.  Gentlemen,  you  have  heard  the  motion. 
Are  you  ready  for  the  question?  All  in  fayor  of  the  motion  will 
say  aye;  contrary  no.  The  noes  haye  it;  the  motion  is  lost. 
Any  further  amendments?  Sec.  2. 

Mr.  CAMPBELL.  I  move  that  no  person  be  allowed  to 
speak  for  more  than  two  minutes  and  a  half,  and  not  more 
than  once. 

Mr.  COFFEEN.  I  want  to  speak  just  a  moment  on  that 
question.  If  you  will  only  apprehend  the  situation,  you  will 
notice  that  the  non-professional  part  of  this  convention  has 
been  very  quiet,  and  said  very  little,  but  has  depended  largely 
upon  a  single  delegate  to  make  speeches  in  their  behalf,  so  you 
see  if  you  only  think  a  moment  that  if  he  is  limited  to  one 
speech  then  it  is  simply  to  give  way  to  the  other  side,  unless 
some  of  the  other  non-professional  members  will  come  forward. 

Mr.  MORGAN.  I  rise  to  a  point  of  order.  I  don't  believe 
debate  in  committee  of  the  whole  can  be  limited. 

Mr.  CHAIRMAN.  The  chair  believes  the  point  of  order 
well  taken.  Any  fuurther  amendments  to  Sec.  1?  If  not  it  will 
be  approved  as  read.  Sec.  2.  Sec.  3.  Sec .  4 . 

Mr.  CAMPBELL.  In  the  sixteenth  line.  I  move  to  strike 
out  the  word  "vacancy"  and  insert  the  words  "the  unexpired 
term  occasioned  by  such  vacancy."  That  the  judge  shall  filf 
the  unexpired  term,  instead  of  commencing  a  new  term  for 
himself.  Take  for  instance  a  judge  elected  this  fall,  and  he 
dies  next  June,  the  governor  has  to  appoint  a  person  to  fill  the 
vacancy  until  the  next  general  election,  and  that  the  person 
shall  be  elected  to  fill  the  unexpired  term  of  the  person  who 
dies. 

Mr.  CHAIRMAN.  Gentlemen,  you  have  heard  the  amend- 
ment. Are  you  read  for  the  question?  All  in  favor  of  the 
amendment  will  say  aye;  contrary  no.  The  ayes  have  it;  the 
section  is  so  amended. 

Mr.  PALMER.  I  move  to  strike  out  in  the  third  line  the 
word  "eight"  and  insert  the  word  "three."  I  believe  that  eight 
years  is  too  long  for  a  judge  to  hold  his  office,  and  that  six  is  a 
happy  medium  between  a  four  and  an  eight  year  term,  especi- 
ally so  where  there  are  three  supreme  judges,  the  first  to  go 
out  at  the  end  of  two  years,  the  second  at  the  end  of  four,  and 


PROCEEDINGS  AND  DEBATES.  483 

(the  third  at  the  end  of  six,  it  makes  it  come  out  very  nicely. 
I  think  four  3^ears  is  too  long-  to.  give  an  untried  judge  of  the 
supreme  court.  It  might  do  very  well  where  the  courts  have 
been  tried.  In  the  state  of  Illinois,  where  I  am  proud  to  say 
:they  have  the  best  judiciary  in  the  United  States,  they  use  the 
six  year  term,  and  it  is  found  to  work  very  successfully  there. 

Mr.  PRESTON.  I  just  wish  to  correct  Mr.  Palmer,  that  is 
all.  I  came  from  Illinois,  and  pretend  to  know  a  little  about 
the  law  there,  and  instead  of  being  six  years  it  is  nine.  The 
•district  judges  are  six  and  the  supreme  judges  nine. 

Mr.  CHAIRMAN.  The  question  is  on  the  amendment  to 
.strike  out  eight  and  insert  six.  Are  you  ready  for  the  question  ? 
All  in  favor  of  the  motion  will  say  aye;  contrary  no.  The  noes 
appear  to  have  it;  the  motion  to  strike  out  and  insert  is  lost. 

Any  further  amendments  to  Sec.  74 

Mr.  COFFEEN.  I  move  that  when  this  committee  arise 
they  report  back  this  file  to  the  convention  recommending  that 
the  supreme  court  shall  consist  of  three  of  the  four  district 
judges,  whom  we  shall  provide  for,  and  not  have  a  separate  su- 
preme court,  and  for  this  purpose  that  File  50  be  referred  back 
to  the  judiciary  committee.  I  make  this  motion  to  test  this 
question. 

Mr.  BARROW.    Second  the  motion. 

Mr.  CHAIRMAN.  You  have  heard  the  motion  of  the  <jen- 
tleman  from  Sheridan.  Are  you  ready  for  the  question? 

Mr.  SMITH.  I  rise  to  a  point  of  order.  That  File  No.  50 
has  been  referred  to  this  committee  for  their  consideration. 
They  may  consider  that  file,  and  they  may  amend  it  and 
change  it,  as  they  see  fit,  (but  they  cannot  take  up  an  original 
matter  here,  and  recommend  it  to  the  convention,  when  the 
convention  has  gone  into  committee  of  the  whole,  "to  consider 
this.  He  can  make  any  amendment  here,  but  this  committee 
lias  no  authority  to  take  up  a  proposition  of  that  kind. 

Mr.  COFFEEN.  I  do  not  wish  to  take  up  the  time  of  the 
convention  except  that  I  desire  to  get  this  question  of  a  sep- 
arate supreme  court  before  this  convention,  in  such  a  way  that 
we  may  have  a  chance  to  vote  upon  it,  and  for  that  purpose  1 
introduced  this  motion.  For  myself,  I  believe  that  the  three 
out  of  the  four  district  judges  which  we  will  provide  for  will 
be  perfectly  satisfactory. 

Mr.  CHAIRMAN.  It  is  the  opinion  of  the  chair  that  if  the 
gentleman  desires  to  get  at  the  subject  matter  to  which  he 
referred  he  may  do  so  by  moving  to  strike  out  Sec.  4,  and  that 
is  the  only  proper  way  to  get  a<t  this  matter  included  in  his 
motion,  to  get  it  before  this,  committee. 

.Mr.  COFFEEN.  I  thank  you  for  your  assistance,  and  for 
the  purpose  of  getting  the  question  before  the  committee,  I 
move  to  strike  out  Sec.  4. 


484  CONSTITUTIONAL  CONVENTION. 

Mr.  HARROW.    Second  the  motion. 

Mr.  CJIAIRMAX.     It  is  moved  and  seconded  that  Sec.  4  be 
stricken  out.    Arc  von  ready  for  the  question? 

Mr.  rOFFEEN.  There  are  those  among  us  who  have  ex- 
pressed themselves  as  being  seriously  opposed  to  the  idea  of  a 
supreme  court,  that  is  a  separate  supreme  court,  and  my  ob- 
jrri  in  bringing  this  matter  up  at  this  time  is  to  give  those 
who  are  opposed  to  that  a  chance  to  say  a  word  in  favor  of  the 
other  system. 

Mr.  CAMPBELL.  I  wish  to  call  the  attention  of  the  mem- 
bers of  this  convention  to  the  situation  of  this  judiciary  report. 
Before  the  judiciary  committee  formulated  any  report  at  all 
they  asked  permission  as  a  special  favor  that  the  convention 
consider  this  question  as  to  whether  we  should  have  a  separate 
supreme  court  or  not.  The  question  was  brought  up  and  dis- 
cussed by  those  in  favor  of  a  supreme  court  and  those  against 
it,  and  the  convention  decided  by  its  vote  that  we  should  have 
a  separate  supreme  court.  The  committee  then  formulated  this, 
report,  and  it  was  brought  in  and  discussed  by  the  conven- 
tion, and  it  is  not  right  that  this  matter  should  be  brought  up 
again  and  referred  back  to  the  judiciary  committee  again. 
The  convention  has  already  decided  that  we  are  to  have  an 
independent  supreme  court,  and  there  is  no  need  of  bringing 
this  question  up  again,  just  to  give  some  people  a  chance  to 
talk. 

Mr.  CHAIRMAN.  The  question  is  on  the  motion  to  strike 
out  Sec.  4.  Are  you  ready  for  the  question? All  in  favor  of  the 
motion  will  say  aye;  contrary  no.  The  noes  have  it;  the  motion 
is  lost.  Any  further  amendments? 

Mr.  CAMPBELL.  I  have  an  amendment  to  offer  to  be 
known  as  Sec.  6.  "In  case  a  judge  of  the  supreme  court  shall 
be  in  any  way  interested  in  a  case  brought  before  such  court 
the  remaining  judges  of  said  court  shall  call  one  of  the  district 
judges  to  sit  with  them  on  the  hearing  of  such  cause." 

Mr.  CHAIRMAN.  Gentlemen,  you  have  heard  the  motion. 
Are  you  ready  for  the  question?  All  in  favor  of  the  amendment 
will  say  aye ;  contrary  no.,  The  ayes  have  it ;  the  motion  pre- 
vails. Sec.  7.  Any  amendments  ? 

Mr.  GRANT.  I  move  to  strike  out  the  word  "thirty"  and 
put  in  "forty." 

Mr.  CAMPBELL.  I  move  to  amend  and  make  it  "thirty- 
five." 

Mr.  PALMER.  I  am  greatly  opposed  to  this  proposition  to 
increase  the  age  that  a  judge  must  have.  It  is  not  right.  1 
think  a  young  man  who  has  been  out  in  this  country  for  four- 
teen or  fifteen  years  and  has  practiced  law  here  certainly  ought 
to  be  able  t'o  be  a  judge,  and  I  don't  think  it  is  necssary  always 
or  as  a  rule,  that  a  man  should  attain  the  age  of  thirty-five  be- 


PROCEEDINGS  AND  DEBATES.  485 

fore  lie  knows  enough  to  be  a  judge,  and  I  therefore  plead  on 
behalf  of  the  young  men;  don't  shut  us  out.  We  have  some 
rights  that  ought  to  be  respected.  In  this  county,  in  this  dis- 
trict, the  present  appointee,  the  present  incumbent  of  the 
bench,  are  both  under  thirty-five  years  of  age,  and  I  don't 
think  any  man,  any  attorney,  questions  their  capacity  to  act 
in  that  position.  I  don't  think  it  is  right  to  say  that  a  man 
who  had  been  on  the  bench  in  Wyoming  territory,  and  who 
had  given  general  satisfaction,  should  be  disqualified  from 
holding  that  office  in  the  state  simply  because  he  was  a  young 
man.  I  tell  you  gentlemen  of  this  comTention,  if  you  old  men 
.go  to  wrork  and  make  it  necessary  that  a  man  shall  be  old  be- 
fore he  can  be  a  judge,  that  the  young  men  of  the  territory 
will  not  submit  to  it, 

Mr.  POTTEK.  I  don't  w^ant  to  be  a  supreme  judge  for 
$2,500  a  year,  amd  therefore  I  can  talk  very  well  upon  this 
proposition.  I  agree  with  Mr.  Palmer  that  the  age  of  thirty 
is  sufficient.  If  a  man  is  thirty  years  old,  and  has  practiced 
law  for  nine  years,  if  he  is  not  able  to  be  a  judge  then  I  don't 
think  he  will  be  fit  to  be  a  judge  wrhen  he  is  forty.  I  think  thir- 
ty is  sufficient. 

Mr.  PKESTON.  I  am  not  going  to  give  away  my  age  in 
discussing  this  question,  but  I  do  know  that  the  age  as  speci- 
fied in  this  section  is  sufficient  without  any  amendment.  Look 
about  this  territory,  and  you  cannot  .but  realize  that  a  man 
don't  have  to  have  a  gray  head  to  be  versed  in  the  law  or  to 
sit  upon  the  bench.  You  take  the  profession  in  this  territory, 
smd  I  dare  say  we  have  as  good  a  bar  as  any  territory  in  the 
country,  and  if  you  look  around  among  those  gentlemen  you 
will  find  very  few  gray  heads.  Now,  as  Mr.  Palmer  has  snid, 
tho  chief  justice  of  this  territory  is  a  young  man,  not  thirty- 
five  years  of  age,  Mr.  Van  Devanter  is  a  young  man,  and  per- 
haps the  very  men  you  will  want  to  elect  as  supreme  judges 
will  be  disqualified  if  you  change  this  section.  I  will  not  cast 
my  vote  in  support  of  any  part  of  this  file  if  it  is  to  be  done  for 
the  purpose  of  creating  offices  that  are  to  be  filled  by  men  who 
are  broken  doAvn  in  age,  men  w^hose  memory  is  not"  clear,  or 
men  who  have  entirely  gone  out  of  practice.  I  tell  you  gentle- 
men of  the  convention,  that  a  young  man  of  thirty  years  of  age 
is  as  capable  of  delivering  opinions  from  the  bench  as  a  man 
•who  is  sixty  or  seventy-five  years  of  age.  I  make  this  state- 
ment on  behalf  of  the  young  men  of  this  territory,  and  I  tell 
you  there  are  several  young  men  in  this  territory  who  have 
not  reached  tlie  age  of  thirty-five  that  you  could  not  get  for 
any  twenty-five  hundred  dollars.  One  case  is  worth  more  than 
the  salary  of  the  judge  when  you  deduct  what  it  costs  to  be 
elected.  NOWT,  gentlemen  of  the  convention,  I  hope  in  voting 
upon  this  question  you  will  take  into  consideration  one  fact, 


4S6  CONSTITUTIONAL  CONVENTION, 

and  that  is  this,  if  you  intend  to  be  prosperous  in  this  terri- 
tory you  must  depend  upon  the  young  blood  of  the  territory," 
if  you  are  yoing  to  shut  them  out,  if  just  because  they  are 
young-,  they  shant  be  allowed  to  do  this,  or  to  do  that,  then 
you  won't  have  any  prosperity,  and  so  I  am  opposed  to  any 
amendment  that  provides  that  a  man  shall  have  a  gray  head 
in  order  to  be  a  supreme  judge. 

Mr.  CHAIRMAN.  The  question  is  on  the  motion  to  strike 
out  thirty  and  insert  forty.  Are  you  ready  for  the  question? 
All  in  favor  of  the  motion  will  say  aye ;  contrary  no.  The  noes 
have  it;  the  motion  is  lost.  The  question  is  nowr  on  the  motion 
to  insert  thirty-five  instead  of  thirty. 

Mr.  CONAWAY.  I  just  want  to  state  to  the  convention 
some  of  the  considerations  that  influenced  the  judiciary  com- 
mittee in  fixing  these  figures,  that  a  man  should  have  been  in 
actual  practice  nine  years,  and  thirty  years  of  age,  in  order 
to  serve  on  the  bench.  We  thought  that  it  was  necessary  that 
an  attorney  should  have  put  in  ten  years  practice  at  least  be- 
fore he  would  be  qualified  as  a  judge  of  the  supreme  court,  but 
we  were  influenced  by  the  same  considerations  which  the 
gentleman  from  Fremont  has  so  eloquently  urged  upon  this 
convention,  and  we  wanted  to  make  it  as  favorable  to  the 
young  men  as  we  could,  and  we  supposed  the  case  of  a  young 
man  who  had  got  his  education,  and  admitted  to  the  bar  and 
gone  into  practice,  as  early  as  possible,  at  the  age  of  twenty- 
one  years,  then  if  he  continued  in  practice  until  he  was  thirty, 
that  would  be  nine  years,  so  wre  reduced  the  time  of  practice 
from  ten  to  nine  years,  so  as  to  make  a  man  eligible  when  he 
was  thirty  years  of  age,  and  in  doing  that  we  thought  we  were 
doing  the  best  thing  we  could  for  the  young  men. 

Mr.  PRESTON.  I  think  it  would  be  very  injurious  to  the 
people  of  Wyoming  to  make  it  thirty-five  years,  for  the  reason 
that  there  are  not  three  Democratic  lawyers  who  are  thirty- 
five  years  of  age  in  the  state,  and  they  will  be  needed  for  the 
supreme  rourt  soon. 

Mr.  CHAIRMAN.  The  question  is  on  the  motion  to  strike 
out  thirty  and  insert  thirty-five.  Are  you  ready  for  the  ques- 
tion? All  in  favor  of  the  motion  Avill  say  aye;  contrary  no.  The 
noes  have  it;  the  motion  is  lost.  Reading  of  Sec.  8.  Any 
amendments?  Sec.  !).  Sec.  10.  Sec.  11.  Sec.  12. 

Mr.  nUOYVX.  In  Sec.  12,  line  two.  I  move  to  strike  out 
tin-  words  "or  appointed."  I  don't  believe  in  allowing  the  judg- 
es to  appoint  their  own  clerks.  In  the  city  of  Chicago  there 
is  a  condition  of  ihings  found  in  no  other  place,  and  the  courts 
<>!'  I  In'  slate  have  been  disgraced  by  the  condition  of  things 
IM-I  \\cen  the  clerks  and  the  judges,  and  the  situation  down 
there  is  this,  that  suits  are  pending  between  one  of  the  judges1 


PROCEEDINGS  AND  DEBATES.  487 

and  his  clerk  as  to  some  portion  of  the  commissions  the  judge 
was  to  have  out  of  the  clerks. 

Mr.  CONAWAY.  They  are  not  to  be  appointed  by  the  judge 
nor  any  one  else,  except  in  case  of  a  vacancy,  and  it  would 
have  to  be  filled  before  an  election.  I  do  not  think  there  is  any 
danger  in  the  legislature  passing  a  law  providing  for  their  ap- 
pointment except  to  fill  a  vacancy,  but  in  order  to  make  that 
point  plain  I  will  make  an  amendment  to  the  amendment  to 
insert  after  the  word  "or"  the  words  "in  case  of  a  vacancy  may 
be  appointed." 

Mr.  CHAIRMAN.  Gentlemen,  you  have  heard  the  motion. 
Are  you  ready  for  the  question?  All  in  favor  of  the  amend- 
ment will  say  aye;  contrary  no.  The  ayes  have  it;  the  section 
is  so  amended. 

Mr.  HOPKINS.  I  would  like  to  ask  if  it  is  necessary  to 
have  this  "as  may  be  prescribed  by  law"  twice  in  that  short 
section  ? 

Mr.  POTTER.  I  thing  it  is  a  repetition  there,  and  that  tlie 
two  could  be  put  together. 

Mr.  CAMPBELL.  That  was  put  in  there  so  as  to  avoid 
confusion. 

Mr.  HOYT.  I  move  to  amend  so  that  it  would  read  "ap- 
pointed in  such  manner  and  with  such  duties  and  compensa- 
tion as  may  be  prescribed  by  law." 

Mr.  CHAIRMAN.  Gentlemen,  you  have  heard  the  motion. 
Are  you  ready  for  the  question?  All  in  favor  of  the  amendment 
will  say  aye;  contrary  no.  The  ayes  have  it;  the  motion  pre- 
vails. It  is  so  amended.  Sec.  14 . 

Mr.  POTTER,  I  move  to  strike  out  the  last  sentence,  and 
insert  after  the  word  "duties"  the  words  "and  receive  such 
fees." 

Mr.  CHAIRMAN.  Gentlemen,  you  have  heard  the  motion. 
Are  you  ready  for  the  question? 

Mr.  CLARK.  I  would  amend  by  striking  out  the  won} 
"fees"  and  inserting  the  word  "compensation." 

Mr.  POTTER.    I  accept  the  amendment. 

Mr.  CHAIRMAN.  The  question  is  on  the  amendment  offer- 
ed by  the  gentleman  from  Laramie,  Mr.  Potter.  All  in  favor 
of  the  motion  will  say  aye;  contrary  no.  The  ayes  have  it;  it 
is  so  amended. 

Mr.  PRESTON.  I  move  to  strike  out  the  words  "who  shall 
be  persons  learned  in  the  law." 

Mr.  CON  A  WAY.  In  order  to  give  Mr.  Preston  an  opportu- 
nity to  discuss  that  I  will  second  it. 

Mr.  PRESTON.  My  reason  for  making  this  amendment, 
perhaps  would  not  apply  to  every  county  in  the  territory.  I 
understand  that  the  object  of  presenting  Sec.  14  is  for  the 
purpose  of  having  some  one  in  each  and  every  county  who  in 


488  CONSTITUTIONAL  CONVENTION. 

the  absence  of  the  judge  might  perform  such  duties  as  were 
required  of  him  as  prescribed  by  the  legislature.  In  other  words 
to  perform  such  acts  that  the  judge  in  chambers  would  per- 
form if  present.  Now,  in  a  county  like  Fremont,  located  as  we 
are  !:>:>  miles  from  the  railroad,  and  a  long  ways  from  E vans- 
ton,  if  we  want  an  undertaking,  or  a  writ  of  habeas  corpus, 
it  would  be  utterly  impossible  to  get  it  without  an  officer  of 
this  kind.  Now  it  says  that  this  officer,  this  court  commis- 
sioner, must  be  a  person  learned  in  the  law.  I  doubt  very 
much  if  the  duties  that  would  be  required  of  him  to  perform  in 
a  county  like  Fremont,  in  a  county  like  Sheridan,  like  Crook,  or 
a.  county  like  Converse,  would  justify  a  practicing  attorney  in 
any  of  those  counties  in  accepting  a  position  of  this  kind,  and 
the  result  would  be  if  no  attorney  would  accept  it,  we  would 
be  entirely  without  a  commissioner.  The  court  ought  to  have 
the  privilege  of  appointing  some  one  else  commissioner,  wheth- 
er or  not  an  attorney  would  accept  it,  and  for  that  reason  I 
make  this  amendment. 

Mr.  POTTER.  I  hope  this  will  not  prevail.  I  have  had 
some  experience  with  this  commissioner  business.  It  would 
not  deprive  an  attorney  of  his  practice  at  all,  he  could  not 
act  in  his  own  case,  but  that  is  all.  We  want  a  man  who 
knows  his  business,  and  I  think  it  ought  to  be  a  man  who  is 
learned  in  the  law,  just  as  it  says  here. 

Mr.  CHAIRMAN.  The  question  is  on  the  motion  to  strike 
out.  All  in  favor  of  the  motion  will  say  aye;  contrary  no.  The 
noes  have  it ;  the  motion  to  strike  out  is  lost.  Sec.  15,  which  is 
14  of  the  printed  file.  Any  amendments?  Sec.  16.  Any  amend- 
ments? Sec.  17.  Any  amendments? 

Mr.  BAXTER.  As  I  understand  it  this  is  the  section  num- 
bered 16.  I  move  to  strike  out  in  line  number  five  the  words 
"twenty-five  hundred"  and  insert  "three  thousand."  My  ob- 
ject in  making  this  amendment  is  to  place  this  matter  in"  such 
shape  that  we  can  at  least  command  reasonably  good  talent 
in  the  profession.  We  must  remember  that  AVC  are  not  making 
tliis  constitution  for  a  few  days,  and  that  we  are  not  making 
it  to  apply  solely  to  the  idea  of  our  present  condition,  for  we 
don't  expect  to  remain  in  our  present  condition  very  long.  We 
look  for  a  considerable  industrial  growth  and  development  in 
the  next  few  years,  and  it  does  seem  to  me  that  a  salary  of 
three  thousand  dollars  for  such  men  as  Ave  wish  to  intrust  in 
the  discharge  of  the  judicial  duties  here  is  a  very  small  sum, 
and  it  should  not  be  any  less  than  that.  Mr.  Potter  says  he 
nor  c;iiv  to  take  the  place  at  the  salary  mentioned  here, 
so  if  we  wanted  'Mr.  Potter  in  that  capacity  we  could  .not  have 
him.  ;md  we  might  have  to  get  some  other  man  that,  the  peo- 
ple would  not  want.  I  think  he  should  command  such  a  sum 
at  least  as  would  give  him  a  decent  living. 


PROCEEDINGS  AND  DEBATES.  489 

Mr.  CONAWAY.  I  wish  just  to  say  one  word  in  regard  to 
this  matter.  It  has  occurred  to  me  in  considering  the  matter 
that  it  would  be  very  proper  in  the  case  of  all  our  state  offi- 
cials to  fix  the  fees  for  the  present  in  this  constitution  at  ex- 
actly the  same  sum  that  the  government  has  fixed  them  for  us. 
Not  any  less  at  any  rate  than  the  government  at  Washington 
thought  we  were  worth.  It  seems  to  me  it  would  be  very  im- 
politic to  put  anything  in  this  constitution  that  would  indicate 
to  the  people  at  Washington  that  they  were  mistakin  in  their 
opinion  of  us,  that  Ave  are  not  a  people  of  so  much  importance 
or  with  as  many  interests  at  stake  or  of  as  much  consequence 
or  as  much  wealth,  or  that  we  have  not  all  the  characteristics 
of  a  great  and  growing  community,  as  they  firmly  thought  we 
liad.  It  has  occured  to  me  that  the  most  proper  thing  we  could 
do  would  be  to  fix  all  the  salaries  as  they  have  fixed  them  for 
us. 

Mr.  POTTER.  I  desire  to  explain  to  the  non-professional 
members  of  this  convention  that  there  is  more  to  be  consider- 
ed than,  the  mere  salary  of  a  judge.  A  lawyer  in  active  prac- 
tice builds  up  his  practice  as  any  other  man  builds  up  his  busi- 
ness, and  he  has  to  leave  that  when  he  takes  a  position  on  the 
bench.  He  knoAvs  .when  he  comes  back  that  he  has  got  to  start 
an  entirely  new  business,  and  this  must  be  considered.  A  man 
takes  this  into  consideration,  and  not  merely  the  amount  of 
the  salary  he  gets,  that  on  leaving  the  bench  he  must  start  all 
over  again. 

Mr.  HOYT.  I  would  call  attention  to  the  fact  that  the  sal- 
ary of  the  governor  has  been  fixed  at  twenty-five  hundred  dol- 
lars. This  is  too  small,  and  three  thousand  is  too  small  for  a 
judge,  but  I  should  not  be  in  favor  of  increasing  one  without 
increasing  the  other. 

Mr.  CAMPBELL.  I  would  call  your  attention  to  the  fact 
that  the  governor  can  engage  in  some  other  business,  while  a 
judge  of  the  supreme  court  cannot. 

Mr.  HOLDER.  I  desire  to  call  your  attention  to  the  fact 
that  this  does  not  fix  the  compensation  at  all.  It  simply  pro- 
Tides  that  it  shall  not  be  less  than  twenty-five  hundred  dol- 
lars per  year,  and  leaves  the  matter  entirely  with,  the  legisla- 
ture, and  I  think  that  is  a  very  good  place  to  leave  it.  I  think 
the  section  is  all  right.  Xow  it  has  been  suggested  here  that 
there  is  nothing  for  a  supreme  court  to  do.  That  may  be  pos- 
sible. Suppose  the  legislature  should  fix  their  salary  at  twenty 
five  hundred  dollars  for  the  present,  and  I  apprehend  there 
would  be  no  lack  of  'applicants  for  the  places;  our  governor 
gets  only  $50  per  year,  and  so  far  as  I  know  the 
office  never  went  begging  yet.  And  the  same  may  be  said  with 
reference  to  our  supreme  court.  I  never  heard  of  one  of  them 
going  begging  yet,  and  I  think  we  ought  to  leave  this  matter 


490 


CONSTITUTIONAL  CONTENTION;. 


just  as  it  is,  and  if  the  legislature  should  fix  their  salaries  at 
twenty-five  hundred  dollars  there  would  be  some  men  who 
would  want  it,  although  some  of  the  illustrious  gentlemen  on 
the  other  side  have  signified  that  they  would  not  have  it  at 
that  price.  I  think  this  is  all  right,  leave  it  to  the  legislature,, 
and  if  we  need  to  increase  it  in  the  course  of  time,  the  legisla- 
ture will  do  so. 

.Mr.  BARROW.  I  desire  to  call  the  attention  of  the  conven- 
tion to  the  fact  that  if  you  give  a  lawyer  an  inch  he  will  take- 
an  ell.  They  brought  in  this  report  and  were  contented  with 
Twenty-five  hundred  dollars  for  the  salary  of  a  supreme  judge 
and  finding  now  that  the  convention  is  disposed  to  grant  the 
supreme  court  without  any  question,  they  want  to  raise  the  sal- 
ary. I  certainly  object. 

Mr.  BAXTER.  I  look  at  this  question  from  a  non-profes- 
sional standpoint,  and  I  am  not  looking  at  it  in  the  interest  of 
my  legal  brethren,  but  in  the  interest  of  the  people.  I  believe 
no  matter  how  low  you  might  fix  the  salary  there  would  be  a 
sufficient  number  of  men  willing  to  take  it,  but  'that  is  not  the 
class  of  men  we  want  to  fill  it.  We  w^ant  a  clajss  of  men  who 
are  competent  to  discharge  the  duties  satisfactorily  to  the 
people,  and  you  cannot  expect  a  lawyer  wiiose  professional  at- 
tainments are  such  that  they  make  four  or  five  thousand  a 
year  in  their  practice,  to  give  it  up  for  twenty-five  hundred  dol- 
lars a  year,  and  there  is  no  argument  in  the  statement  that 
they  will  have  nothing  to  do.  If  they  should  go  on  here  holding 
their  terms  of  court  annually,  and  not  a  single  case  was  heard, 
it  does  not  effect  the  question  at  all.  When  a  man  is  elected 
to  the  bench  he  cannot  do  anything  else.  He  is  debarred  from 
having  a  general  practice,  and  it  seems  to  me  that  we  want  to 
pay  him  enough  to  live  on.  It  is  not  a,  question  of  service  at 
all,  and  I  think  we  should  fix  it  so  that  the  legislature  shall 
not  make  it  less  than  three  thousand  dollars,  so  we  can  reas- 
onably expect  gentlemen  of  fair  ability  to  fill  these  offices. 

Mr.  CHAIRMAN.  All  in  favor  of  the  motion  to  strike  out 
t  \\enty-five  hundred  and  insert  three  thousand  in  the  fifth  line 
will  say  aye;  contrary  no.  The  chair  is  in  «doubt.  All  in  favor 
of  the  motion  will  rise — 10.  Those  opposed  will  rise — 18.  The 
motion  is  lost.  Any  further  amendments? 

Mr.  COFFEEX/  I  move  to  strike  out  in  the  fourth  and 
fifth  lines  the  words  "shall  not  be  less  than." 

Mr.  SUTHERLAND.    Second  the  motion. 

Mr.  roFFEEN.  I  want  to  call  your  attention  to  one  bear- 
ing of  this  case.  I  am  not  particular  about  carrying  this,  but 
I  want  to  call  your  attention  to  a  few  things.  In  the  first  place 
you  have  provided  for  a  supreme  court,  when  I  believe  the  sen- 
timent  of  the  country  is  against  you,  and  you  must  appeal  to 
them,  for  ratification.  In  the  next  place  you  have  attempted 


PROCEEDINGS  AND  DEBATES.  491? 

here  to  raise  the  salary,  and  whether  it  is  raised  or  not  it  ap- 
pears to  me  a  dangerous  question  to  be  left  upon  in  the  way 
you  have  it  here  in  the  wording.  Now  the  people  in  the  coun- 
try when  they  examine  this  constitution  will  readily  see  that 
with  no  salary  fixed  it  may  be  that  it  will  cost  us  five  thous- 
and dollars  for  every  judge,  if  it  goes  to  the  people  the  way  it 
stands  now.  I  am  not  myself  in  favor  of  limiting  it  preci^ety 
to  twenty-five  hundred  dollars.  I  would  rather  it  be  fixed  at 
not  more  than  or  not  less.  I  will  make  a  motion  that  it  shall 
not  be  more  than  thirty-five  hundred,  or  less  than  twenty-five 
hundred. 

Mr.  HOPKINS.  I  have  never  been  accused  of  being  a  law- 
yer, but  I  suppose  I  belong  to  the  layman  class  of  this  conven- 
tion. Now  it:  seems  to  me  that  in  order  to  obtain  the  benefits 
that  shall  accrue  from  statehood  that  it  is  absolutely  neces- 
sary that  we  should  have  as  near  a  perfect  supreme  court  as- 
possible.  Now  I  would  object  to  fixing  the  salaries  of  the 
judges  of  the  supreme  court  at  twenty-five  hundred  dollars  a 
year  on  the  same  principle  that  I  would  object  to  buying  a 
cheap  John  or  snide  suit  of  clothes. 

Mr.  GRANT.  I  move  to  amend  Mr.  Coffeen's  amendment 
by  inserting  "it  shall  not  be  more  than  five  thousand.''' 

Mv.  TESCHEMACHER,  We  had  a  very  able  address  be- 
fore this  convention  the  other  evening  by  Senator  Stewart  of 
Nevada,  and  after  his  address  I  became  convinced  that  very 
soon  we  were  to  have  a  population  of  millions  in  this  territory 
or  state.  Now  if  we  are  going  to  be  a  state  like  New  York, 
we  will  want  supreme  judges  like  they  have  in  New  York,  and* 
should  be  willing  to  pay  them  ten  thousand  dollars  or  what- 
ever they  are  paid  there,  and  I  say  we  shall  soon  become  weal- 
thy and  can  afford  to  pay  our  judges  high  salaries,  and  I  am 
therefore  opposed  to  limiting  this  to  twenty-five  hundred  dol- 
lars, for  if  you  do  it  won't  be  long  before  we  shall  need  to  call 
another  constitutional  convention  to  submit  new  amendments 
to  this  constitution,  and  that  will  take  more  money  than  it  will 
take  to  pay  the  judges  for  their  services.  I  shall  oppose  this" 
amendment  to  increase  to  five  thousand  because  I  believe  it 
will  jeopardize  and  defeat  your  constitution,  and  I  shall  vote 
for  thirty-five  hundred  because  I  believe  it  a  good  limit,  and 
will  answer  our  demands  for  fifteen  or  twenty  years  to  come. 
Mr.,  MORGAN.  I  am  afraid  if  we  put  in  a  limit  here  it 
may  be  too  small.  Leave  it  at  twenty-five  hundred  and  I  think 
it  will  be  all  right.  The  legislature  is  very  careful  about  in- 
creasing salaries,  and  I  do  not  believe  there  is  any  danger  of 
increasing  it  to  an  extravagant  amount. 

Mr.  BAXTER,  I  disagree  with  Mr.  Morgan  as  to  the  pro- 
prietv  of  fixing  a  maximum  amount.  If  that  section  is  left  to 
stand  as  it  is  it  means  that  the  legislature  will  fix  it  at  twenty- 


492 


CONSTITUTIONAL  CONVENTION. 


the  hundred  dollars,  and  they  won't  go  a  dollar  above  it,  and 
while  I  have  no  idea  of  influencing  a  single'  vote  in  this  con- 
vention, I  insist  that  you  are  making  a  mistake  in  fixing  any 
such  sum  of  twenty-live  hundred  dollars  a  year.  If  you  are  not 
prepared  To  pay  a  sum  which  will  secure  the  services  of  men 
who  are  competent  to  fill  these  places,  as  against  any  cheap 
John  man  that  may  come  along,  we  had  better  not  constitute 
a  state  government. 

Mr.  (J-RAXT.  I  just  have  to  say  this  in  regard  to  this  mat-. 
ler.  If  I  have  to  go  into  court,  whether  the  amount  is  small 
•or  not  that  is  involved,  I  want  to  know  that  I  am  going  before 
men  in  whom  I  can  have  some  confidence,  and  I  think  you  are 
endangering  the  interests  of  the  people  of  this  territory  by  not 
fixing  a  maximum,  for  it  means  that  it  is  going  to  be  fixed  at 
just  Twenty-five  hundred  dollars  and  no  more. 

Mr.  RUSSELL.  I  had  not  intended  to  speak  on  this  ques- 
tion, as  it  is  not  in  my  line  of  business,  but  I  would  suggest 
that  we  strike  out  twenty-five  hundred  dollars,  and  leave  it  to 
the  wisdom  of  the  legislature  entirely  to  decide  what  the  sal- 
ary shall  be.  I  don't  think  it  wise  to  criticize  our  former  leg- 
islatures, nor  to  abuse  those  whom  the  people  have  sent  here 
to  make  laws,  it  don't  speak  well  for  us  as  a  body  that  repre- 
sents the  people  that  we  do  in  this  territory.  I  believe  that  the 
men  that  the  people  will  send  here  to  create  and  make  laws 
for  the  state  of  Wyoming  will  certainly  have  sufficient  good 
sense  to  know  what  the  services  of  a  supreme  judge  is  'worth, 
without  our  fixing  a  little  weakly  salary  here.  I  suggest  that 
twenty-five  hundred  be  stricken  out  and  that  it  be  left  entirely 
to  the  wisdom  of  these  men  whom  the  people  send  here  to  fix 
these  things,  as  I  believe  it  will  give  better  satisfaction  in  that 
way, 

Mr.  PRESTON.  It  may  come  with  very  bad  grace  from  a 
lawyer  to  make  any  remarks  upon  this  question,  but  I  have 
sat  in  this  chair  until  I  can't  sit  here  any  longer  and  listened 
to  the  arguments  advanced  by  the  gentlemen  in  regard  to  the 
•salary  of  a  supreme  judge.  We  are  delegates  here  to  this  con- 
vention, sent  by  the  various  counties  throughout  the  territory, 
to  prepare  a  constitution  to  present  to  the  people  of  the  ter- 
ritory to  vote  upon.  It  is  not  a  question  whether  or  not  we  be- 
come a  state.  We.  have  come  for  the  purpose  of  preparing  a 
constitution  that  will  better  us  if  we  are  admitted  into  state- 
hood, better  our  condition  than  we  now  exist  as  a  territory. 
If  a  constitution  is  to  t>e  prepared  by  this  convention  to  meet 
the  hobbies  of  a  few  of  the  delegates  to  this  convention,  then  I 
*ay  to  the  people  of  Wyoming,  don't  vote  for  ^iat  constitution, 
f<»r  it  don't  better  your  position  in  life.  Men  get  up  here  and 
ask  that  a  man  give  up  his  practice  and  go  to  the  bench  at  a 
salary  of  twenty -five*  hundred  dollars,  when  you  could  not  get 


PROCEEDINGS  AND  DEBATES. 

either  one  of  them  to  accept  the  position  at  the  same  price. 
You  cannot  live  in  Cheyenne  where  the  supreme  court  will  be 
held  on  less  than  one  hundred  and  fifty  dollors  a  month.  Let 
us  remain  as  a  territory  if  we  cannot  as  a  state  have  our  rights 
protected.  Are  we  to  have  a  supreme  court  in  the  state  of 
Wyoming  that  will  administer  only  such  justice  as  we  would 
receive  at  the  hands  of  a  justice  of  the  peace?  If  we  are  then 
vote  down  the  constitution.  Yes,  sir,  a  justice  of  the  peace,  a 
man  who  is  not  required  to  possess  any  qualifications,  a  man 
who  is  not  required  to  study  in. an  office  for  a  certain  length  of 
time,  a  man  who  is  not  compelled  to  pass  an  examination,  a 
man  who  is  not  compelled  to  spend  a  great  deal  of  his  time 
in  preparing  himself  for  the  profession  he  has  chosen,  as  jus- 
tices of  the  peace  in  the  city  of  Cheyenne  receive  three  thous- 
and dollars,  and  yet  you  ask  a  man  who  has  spent  perhaps  four 
or  five  years  in  preparing  himself  for  the  profession  he  has 
chosen  to  accept  a  salary  of  five  hundred  dollars  less  than  a 
justice  of  the  peace  would  get.  Xo,  sir,  I  am  not  in  favor  of 
passing  a  constitution  here  that  will  show  upon  its  face  such 
things  as  the  people  generally  do  not  approve  of  and  endorse, 
neither  am  I  in  favor  of  voting. down  a  proposition  simply  be- 
cause some  member  of  this  convention  says  if  I  can't  have  my 
own  way  about  it,  my  people  won't  support  it.  I  have  come 
here  as  a  delegate,  and  I  believe  every  other  member  of  this 
convention  is  in  duty  bound  as  a  matter  of  honor  to  support  the 
constitution  when  it  is  presented  to  the  people,  whether  it 
meets  his  views  or  not.  I  have  been  in  this  convention  every 
day  since  it  convened  up  to,  the»  present  time,  and  I  don't 
know  a  single  thing  that  I  have  advocated  that  has  been  pass- 
ed. I  have  lost  every  proposition,  and  I  say  to  you,  gentlemen, 
if  you  adopt  a  constitution  here,  whether  it  be  to  suit  some  peo- 
ple's hobbies  or  not  I  say  to  you  I  will  advocate  and  vote  for 
that  constitution,  and  so  will  the  people  of  Fremont  county, 
who  sent  me  here  to  look  after  their,  interests.  I  say  to  you, 
gentlemen  of  the  convention,  that  if  I  lived  in  a  county  where 
the  people  who  sent  me  here  would  not  endorse  my  actions,  I 
would  move  out  of  that  county  and  hunt  up  some  other  county 
that  would  stand  by  me.  I  ask  you,  gentlemen  of  the  conven- 
tion, if  you  expect  Wyoming  to  be  as  it  is  today  for  any  great 
length  of  time?  Every  indication  points  to  the  fact  that  Wyo- 
ming in  the  next  two  or  three  years  will  be  four  or  five  times 
as  large  as  it  is  today,  and  yet  you  gentlemen  would  ask  to 
have  this  fixed  at  twenty-five  hundred  dollars.  If  we  grow  as 
we  expect  to  grow,  in  my  judgment,  there  will  be  enough  busi- 
ness in  the  supreme  court  to  justify  us  in  paying  a  salary  of 
ten  thousand  dollars  within  the  next  ten  years,  and  yet  these- 
gentlemen  try  to  run  a  bluff  on  us  by  saying  that  the  people 
won't  ratify  the  constitution  unless  you  make  the  salary  of  the 


494  CONSTITUTIONAL  CONVENTION. 

supreme  judge  five  hundred  dollars  less  than  a  justice  of  the 
peace  gets  in  Cheyenne. 

Mr.  SUTHERLAND.  As  far  as  running  a  bluff  is  concern- 
ed, I  don't  wish  to  be  misunderstood,  but  I  merely  wish  to  say 
liere  that  in  talking  with  a  number  of  our  heaviest  tax  pay- 
,ers  in  our  section,  they  have  said  they  wrere  strictly  opposed  to 
a  supreme  court,  and  I  know  of  one  member  who  has  left 
stating  he  would  never  put  his  foot  on  this  floor,  and  that  he 
would  go  home  on  account  of  it,  and  so  far  as  the  people- endors- 
ing me  are  concerned,  I  have  been  endorsed  fully  as  well  as  any 
man  on  this  floor,  and  a  good  cbeal  better  than  some  of  those 
that  have  been  sent  here,  and  I  wish  it  to  be  distinctly  under- 
stood that  I  would  like  to  see  something  left  to  the  legisla- 
ture, and  not  attempt  to  do  it  all  here. 

Mr.  CHAIRMAN.  The  question  is  on  the  motion  to  insert 
the  words  five  thousand.  Are  you  ready  for  the  question?  All 
in  favor  of  the  motion  will  say  aye ;  contrary  no.  The  noes  have 
it ;  the  motion  is  lost.  The  question  is  now  on  the  original  mo- 
tion to  insert  the  wrords  not  more  than  thirty-five  hundred  dol- 
iars.  Are  you  ready  for  the  question?  All  in  favor  of  the 
amendment  will  say  aye;  contrary  no.  The  noes  have  it;  the 
motion  is  lost. 

Mr.  RUSSELL.  I  now  move  to  strike  out  this  twenty-five 
iiundred  entirely,  and  leave  it  to  the  legislature. 

Mr.  CHAIRMAN.  Gentlemen,  you  have  heard  the  motion. 
Are  you  ready  for  the  question?  All  in  favor  of  the  motion  will 
say  aye;  contrary  no.  The  ayes  have  it;  the  section  is  so 
amended.  Sec.  18.  Any  amendments?  Sec.  19. 

Mr.  CAMPBELL.     In  order  to  make  Sec.   18  conform  to 
Sec.  20  I  move  to  insert  before  the  word  "  the"  the  words 
''until  otherwise  provided  by  law." 

Mr.  CHAIRMAN.  Gentlemen,  you  have  heard  the  motion. 
Are  you  ready  for  the  question?  All  in  favor  of  the  motion  will 
say  aye;  contrary  no.  The  ayes  have  it;  the  section  is  so 
amended.  Sec.  20.  Any  amendments?  Sec.  21.  Sec.  22. 

Mr  POTTER.  I  move  to  strike  out  the  word  "county"  in 
the  first  line.  This  section  wras  copied  from  another  constitu- 
tion where  they  had  county  courts,  and  this  word  should  be 
left  out  here. 

Mr.  CHAIRMAN.  Gentlemen,  you  have  heard  the  motion. 
Are  you  ready  for  the  question?  All  in  favor  of  the  motion  to 
strike  out  will  say  aye;  contrary  no.  The  ayes  have  it;  the  sec- 
tion is  so  amended.  Sec.  23;  Sec.  24;  Sec.  25;  Sec.  26;  Sec.  27. 
Mr  POTTER.  Before  we  .go  on  to  the  next  section  I  have 
an  amendment  to  go  in  here.  It  is  a  proposition  which  was 
previously  submitted,  and  referred  to  the  judiciary  committee, 
but  not  included  in  their  report,  and  is  as  follows:  "The  gov- 


AND  DEBATES.  ~  "      495 

ernor  and  either  branch  of  the  legislature  may  require  the 
opinion  of  the  supreme  court  on  questions  of  importance,  or  on 
solemn  occasions." 

Mr.  CAMPBELL.  The  convention  has  already  passed  upon 
that  question,  and  it  should  not  be  brought  up  again. 

Mr.  ELLIOTT.  I  would  call  the  attention  of  the  gentle- 
man who  introduced  this  section  to  the  fact  that  the  great  ar- 
gument used  for  an  independent  supreme  court  was  that  we 
should  have  a  court  that  had  in  no  way  passed  upon  the  ques- 
tions to  come  before  it.  He  here  proposes  to  compel  them  to 
pass  upon  matters  of  law  which  may  be  submitted  to  them 
by  either  the  governor  or  either  member  of  the  legislature, 
upon  which  they  may  reasonably  be  expected  to  pass  an  opin- 
ion themselves.  If  the  argument  is  of  any  force,  the  same  ar- 
gument would  apply  to  compelling  them  to  give  an  opinion  to 
the  legislature. 

Mr.  CHAIRMAN.    Gentlemen,  you  have  heard  the  amend- 
ment.   Are  you  ready  for  the  question?  All  in  favor  of  the 
amendment  will  say  aye;  contrary  no.    The  ayes  have  it;  the 
motion  prevails.    Sec.  28. 

Mr.  HOPKINS.  I  move  this  section  be  referred  back  to 
the  committee  to  see  whether  in  conflicts  with  anything  al- 
Teady  passed. 

Mr.  CHAIRMAN.  Gentlemen,  you  have  heard  the  motion. 
Are  you  ready  for  the  question?  All  in  favor  of  the  motion  will 
say  aye;  contrary  no.  The  ayes  have  it;  the  section  is  referr- 
ed back  to  the  committee. 

Mr.  CAMPBELL.  I  move  the  committee  now  rise  and 
report. 

Mr.  CHAIRMAN.  It  is  moved  and  seconded  that  the  com- 
mittee now  rise  and  report.  All  in  favor  of  the  motion  will 
say  aye;  contrary  no.  The  ayes  have  it;  the  committee  will 
now  rise  and  report. 

(Report  of  committee  of  the  whole.) 

Mr.  CAMPBELL.  I  move  the  report  of  the  committee  be 
adopted. 

Mr.  PRESIDENT.  It  is  moved  that  the  report  of  the  com- 
mittee be  adopted  as  read.  Are  you  ready  for  the  question?  All 
in  favor  of  the  motion  will  say  aye ;  contrary  no.  The  ayes  have 
it;  the  report  stands  adopted. 

Mr.  BURRITT.  I  move  we  now  adjourn  until  9  o'clock  to- 
morrow morning. 

Mr.  PRESIDENT.  It  is  moved  that  we  do  now  adjourn  un- 
til 9  o'clock  tomorrow.  All  in  favor  of  the  motion  will  say  aye ; 
contrary  no.  The  ayes  have  it;  the  convention  stands  adjourn- 
ed until  9  o'clock  tomorrow  morning. 


CONSTITUTIONAL  CONVENTION 


EIGHTEENTH  DAY. 


MORNING  SESSION. 

Saturday  morning,  Sept.  21st. 

Mr.  PRESIDENT.    Convention  will  coine  to  order. 

Roll  call.    Twenty-seven  members  present. 

Reading  of  the  journal. 

Reports  of  standing  committees. 

Presentation  of  propositions. 

Mr.  HOLDEN.  I  desire  to  ask  the  members,  of  this  con- 
vention to  excuse  me  from  further  attendance  upon  this  con- 
vention after  this  evening's  session,  for  the  reason  that  my  busi- 
ness at  home  is  without  a  head.  I  have  been  here  ever  since- 
the  commencement  of  this  convention,  but  owing  to  the  lack 
of  mail  facilities  I  have  not  been  able  to  hear  from  home  once. 
My  business  affairs  demand  my  attention. 

Mr.  CLARK.  I  doubt  the  power  of  the  convention  to  ex- 
cuse any  one  for  the  remainder  of  the  session,  but  if  it  is  ab- 
solutely necessary  that  the  gentleman  should  go  home,  he 
might  be  excused  from  day  to  day. 

Mr.  PRESIDENT.  I  doubt  the  power  of  the  convention  to 
excuse  any  member  for  the  remainder  of  the  session.  They  may 
excuse  from  day  to  day.  I  trust  the  gentleman  from  Uinta  will 
stay  with  us  if  possible.  We  need  every  man  we  have  got  here 
on  the  floor  of  the  convention,  we  need  their  work  and  their 
services,  and  particularly  the  gentleman  from  Uinta.  I  trust 
he  will  stay  with  us  if  the  sacrifice  will  not  be  too  great  to 
his  own  personal  interests.  The  question  is  upon  the  motion 
to  excuse  Mr.  Holden  from  day  to,  day.  All  in  favor  of  the  mo- 
tion will  say  aye;  contrary  no.  The  ayes  have  it;  the  motion 
prevails. 

The  report  of  the  engrossing  committee  has  not  yet  come 
in.  There  was  fixed  for  the  special  order  of  the  day  the  sub- 
stitute for  Files  No.  35  and  57,  on  irrigation.  A  motion  to  go 
into  committee  of  the  whole  on  the  special  order  of  the  day  is 
in  order. 

Mr.  JOHNSTON.  I  move  we  now  go  into  committee  of  the 
whole. 

Mr.  PRESIDENT.  The  question  is  on  going  into  committee 
of  the  whole.  Are  you  ready  for  the  question?  All  in  favor  of 
the  motion  will  say  aye;  contrary  no.  The  ayes  have  it;  the 
motion  prevails.  Will  Mr.  Irvine  take  the  chair? 


PROCEEDINGS  AND  DEBATES. 

Mi:  CHAIRMAN.  We  have  for  our  consideration  the  sub- 
stitutes for  Files  35  and  57,  irrigation.  The  clerk  will  read  the 
first  section.  Any  objection  to  Sec.  1.  Sec.  2.  Sec .  3 . 

Mr.  BAXTER.  It  is  a  matter  of  very  great  importance 
that  it  be  declared  here  what  shall  constitute  appropriation, 
It  seems  so  plain  to  us  who  are  familiar  with  this  question  of 
irrigation  as  to  be  unnecessary,  but  a  few  days  since  in  riding 
from  Denver  to  this  city  with  some  gentlemen  who  resided  in 
Colorado,  they  informed  me,  much  to  my  surprise,  that  the 
question  had  been  raised  in  Colorado,  as  to  what  appropriation 
is,  and  it  had  been  decided  that  appropriation  meant  the  act- 
ual application  of  water  to  the  land.  Now  unless  I  am  much 
mistaken,  the  general  understanding  is  that  the  appropriation 
of  water  is  the  beginning  in  good  faith,  and  the  prosecution 
without  unnecessary  delay,  of  the  ditches  which  are  necessary 
to  convey  water  onto  the  land,  and  they  have  got  into  great 
difficulty  because  of  no  declaration  as  to  what  is  the  appropri- 
ation of  water,  and  this  section  is  the  proper  place  to  declare 
what  is  appropriation. 

Mr.  HOYT.  In  considering  this  matter  the  last  two  or 
three  days  the  thought  suggested  itself  to  me  that  the  word 
"utilization"  should  be  used  instead  of  the  word  "appropria- 
tion." I  merely  throw  that  out  as  a  suggestion  to  the  legal 
gentlemen  present  Avho  are  competent  to  consider  this  mat- 
ter. 

Mr.  BAXTER.  That  brings  out  the  point  direct.  The  ques- 
tion  came  up  in  this  suit  as  to  what  constituted  appropriation. 
A  number  of  gentlemen  incorporated  for  the  purpose  of  irri- 
gating five  thousand  acres  of  land.  They  proposed  to  do  the 
work  as  far  as  possible  with  their  own  teams.  After  they  had 
commenced  the  ditch  a  second  company  was  formed  com- 
posed of  wealthy  men  who  were  able  to  prosecute  the  work 
and  finish  it  in  a  much  shorter  time  and  take  out  the  water 
and  get  it  on  the  land.  And  although  the  first  company  began 
their  work  much  earlier,  it  was  held  that  those  men  were  not 
entitled  to  the  water,  but  that  the  second  company  was.  Now 
it  seems  to  me  that  is  wrong.  If  a  lot  of  men  commence  a  ditch 
for  the  purpose  of  reclaiming  a  piece  of  land,  the  only  condi- 
tion should  be  that  thev  should  do  it  without  unnecessary  de- 
lay, and  that  that  is  the  matter  the  court  should  determine, 
if  it  should  come  into  court.  It  was  the  absence  of  any  dec- 
laration as  to  what  should  constitute  appropriation,  and  the 
holding  in  Colorado  was  that  it  was  the  application  of  the  wa- 
ter  and  not  the  beginning  in  good  faith  of  the  construction  of 
the  ditch. 

Mr.  BITRRITT.  In  Sec.  3.  I  move  to  insert  in  the  first  line 
after  the  word  "appropriation"  the  words  "for  beneficial  uses." 

—  32 


CONSTITUTIONAL  CONVENTION. 

Mr.  COXA  WAY.  It  seems  to  me,  considering  the  import- 
ance of  this  matter,  and  the  evident  lack  of  consideration  that 
we  ha  vi'  given  it,  we  should  not  pass  these  sections  over  so  rap- 
idly. I  for  myself  feel  that  I  am  too  ignorant  to  vote  upon  it 
intelligently,  and  I  would  like  to  hear  it  further  discussed.  Now 
I  have  examined  the  decisions  of  some  of  the  courts  of  the 
arid  country,  and  so  far  as  my  investigation  goes,  they  do  not 
exactly  coincide  with  the  decisions  of  the  courts  of  Colorado, 
as  stated  by  Mr.  Baxter.  The  decisions  in  California  and  Ne- 
vada are  to' the  effect  that  an  actual  appropriation  of  the  wa- 
ter for  beneficial  uses  is  unnecessary.  It  dates  back  to  the 
commencement  of  the  work,  and  upon  the  question  whether 
the  work  had  been  prosecuted  with  due  dilligence.  That  has 
been  the  result  of  the  decisions  as  far  as  I  have  investigated. 
It  seems  to  me  this  decision  in  Colorado,  which  I  am  entirely 
ignoranat  of,  must  have  involved  the  point  of  reasonable  dil- 
ligence in  the  prosecution  of  the  wrork  by  those  irrigators.  If 
they  had  prosecuted  the  work  writh  reasonable  dilligence  I  do 
not  see  how  a  court  could  have  reached  such  a  decision. 

Mr.  BAXTER,  I  desire  to  offer  an  amendment  to  be  added 
to  Sec.  3.  "Appropriation  shall  be  construed  to  be  the  actual 
beginning  of  work  necessary  for  carrying  water  onto  the  land 
to  be  irrigated,  and  prosecute^  without  unnecessary  or  unreas- 
onable delay." 

Mr.  BURRITT.  I  desire  to  say  just  a  few  words  covering 
this  proposition,  and  the  question  of  irrigation  in  this  territory 
and  contrasting  it  with  the  system  in  California  and  Colorado. 
In  the  first  place  I  believe  that  we  have  got  a  bill  here  which 
without  a  single  change,  unless  it  be  in  the  last  section,  is 
twenty-five  years  ahead  of  those  two  states,  which  places  us 
twenty-five  years  ahead  of  any  other  section  in  the  arid  region. 
I  do  not  believe  it  necessary  or  advisable  to  load  this  constitu- 
tion down  with  definitions,  with  legislation  or  wdth  anything 
else  excepting  the  general  principles  wrhich  are  to  control  our 
irrigation  laws.  In  the  first  section  as  it  comes  from  the 
hands  of  the  committee,  "the  water  of  all  natural  streams, 
springs,  lakes,  and  other  collections  of  still  water,  are  declared 
to  be  the  property  of  the  state."  Now  that  ends  right  there. 
There  is  not  a  word  in  there  about  appropriation  for  beneficial 
uses,  not  a  word  in  there  about  prior  appropriation,  or  any  oth- 
er appropriation,  and  I  desire  to  state  right  here  that  the  state 
of  Wyoming  has  nothing  on  earth  to  do  with  this  territory  on 
this  question.  A  man  gains  a  vested  water  right  not  by  virtue 
of  the  United  States  law  under  which  states  rights  are  created, 
but  those  rights  are  different  from  what  is  generally  under- 
stood. When  a  man  builds  a  ditch  and  takes  out  water  he  has 
not  the  right  against  his  country  and  all  the  world  to  the  use 
of  that  water  as  long  as  he  pleases.  Behind  it  is  another  pow- 


PROCEEDINGS  AND  DEBATES.  499 

er  to  be  considered.  Notwithstanding  all  the  legislation  of 
congress,  notwithstanding  all  the  constitutional  provisions 
of  Colorado  and  Wyoming-,  water  remains,  so  far  as  the  ri»ht 
of  the  state  to  control  it  is  concerned,  with  the  state,  just  the 
moment  that  a  state  comes  into  the  union.  The  right  of  emi- 
nent domain  is  inviolably  in  the  state,  and  the  state  may,  al- 
though there  may  not  be  a  line  in  this  constitution  providing 
for  the  maintenance  of  the  right  of  eminent  domain,  it  may,  if 
it  sees  fit,  take  the  land  that  is  within  the  state,  by  condemn- 
ing it  for  their  use  and  paying  for  it,  and  the  very  same  thing- 
is  true  of  water.  And  it  is  upon  this  theory  of  eminent  do- 
main that  this  section  stands.  Now  Sec.  3  says  that  priority 
of  appropriation  shall  give  the  better  right.  It  does  not  say 
that  it  shrill  give  the  best,  nor  a  right  that  no  one  can  deprive 
them  of,  but  simply  the  better  right.  No  appropriation  shall 
be  denied  except  when  demanded  by  the  public  interests, 
worded  so  as  to  preserve  the  idea  that  we  have  advanced  that 
this  constitutional  provision  shall  contain  nothing  as  to  hint 
even  of  a  surrender  of  any  of  its  rights  of  eminent  domain. 
Now  the  amendment  proposed  by  Mr.  Baxter  is  simply  a  defi- 
nition, and  if  it  belongs  anywhere  it  belongs  in  the  statute. 
Now  all  the  arguments  made  this  morning  are  simply  argu- 
ments in  favor  of  certain  requirements  supplemental  to  a  con- 
stitutional provision,  for  the  purpose  of  carrying  out  the  in- 
tent of  the  constitution.  Now  if  you  undertake  to  put  in  a  de- 
finition of  the  word  appropriation  you  destroy  the  whole  theory 
upon  wrhich  this  irrigation  and  water  rights  bill  is  based  by 
your  committee.  It  has  been  assumed  in  every  state  where 
this  question  has  been  considered  that  the  only  water  right  of 
any  consequence  whatever  is  the  right  of  appropriation  of  wa- 
ter for  irrigation.  In  their  anxiety  to  make  the  arid  lands 
fertile,  they  have  lost  sight  of  all  the  beneficial  uses  to  which 
water  can  be  applied,  except  in  California,  where  they  have  a 
provision  as  to  mining  rights.  But  there  are  other  uses,  there 
are  other  rights  to  the  appropriation  of  water,  for  domestic 
purposes,  for  the  watering  of  stock,  for  mining,  for  manufact- 
uring, alt  of  which,  so  far  as  our  constitution  is  concerned,  are 
'entitled  to  eqmJ  protection  and  privileges.  Now  Mr.  Baxter's 
definition  of  appropriation  when  applied  to  them,  as  to  what 
shall  constitute  an  appropriation  of  water,  in  my  opinion,  will 
seem  very  ridiculous,  to  the  convention  and  to  the  gentleman 
himself.  If  there  is  a  little  stream  running  over  my  hundred 
and  sixty  acres,  just  large  enough  to  water  my  stock  and  fur- 
nish water  for  my  domestic  uses  and  for  the  uses  of  my  family, 
by  the  very  fact  that  I  have  settled  there,  and  appropriated 
water  for  the  watering  of  my  stock,  and  my  domestic  and  fam- 
ily purposes,  should  by  all  laws  of  nature  give  me  the  better 


5oo 


COX  ST1T  C TION AL  CO N V E N TIO N. 


right,  and  it  would  be  very  wrong  for  Mr.  Baxter  to  come  in 
above  me  and  take  out  a  ditch  above  my  place  and  divert  the 
water  of  that  little  stream  around  niy  place  to  water  a  hun- 
dr.ed  and  sixty  acres  of  his  land  below  it,  notwithstanding  that 
he  might  commence  his  ditch  and  continue  it  until  he  iiad  got 
the  water  clear  around  my  place,  1  have  the  better  right.  It 
is  absolutely  impossible  to  put  in  a  definition  of  appropriation 
in  this  constitutional  provision  that  will  settle  or  will  apply  to 
the  five  different  purposes  for  beneficial  uses  recognizable  in 
this  territory,  and  none  of  which  are  pre-eminent  to  the  other 
in  importance.  All  of  these  matters  are  matters  for  the  leg- 
islature. All  that  the  constitution  needs  in  my  opinion,  Mr. 
Chairman,  is  the  general  principle  that  priority  of  appropria- 
tion for  beneficial  uses  shall  give  the  better  right,  and  that 
no  appropriation  shall  be  denied  except  when  demanded  by 
the  public  interests.  I  think  with  the  amendment  that  I  have 
suggested  with  the  wrords  "for  beneficial  uses"  be  inserted  that 
it  wrill  cover  the  wrhole  question. 

Mr.  CHAIRMAN.  The  question  is  on  the  amendment  offer- 
ed by  Mr.  Burritt.  All  in  favor  of  the  motion  will  say  aye;  con- 
trary no.  The  ayes  have  it;  the  motion  prevails.  Sec.  4. 

Mr.  BAXTER.  Before  we  take  up  Sec.  4  I  desire  to  offer 
an  amendment  to  Sec  3,  and  I  do  so  with  the  greatest  respect 
for  the  very  large  fund  of  information  which  Mr.  Burritt  has 
given  us  on  this.  I  have  been  delighted  with  his  discussion, 
and  I  concede  his  full  knowledge  of  the  subject  generally,  but 
I  still  contend  that  it  is  necessary  in  order  to  avoid  future 
trouble,  for  this  convention  to  say  what  the  appropriation  of 
water  for  irrigation  shall  mean.  I  have  had  the  idea  so  clearly 
in  my  mind  that  appropriation  meant  the  actual  beginning 
of  the  work  necessary  for  the  purpose  of  getting  water  to  irri- 
gate the  lands,  -that  it  never  occurred  to  me  until  this  question 
wras  up  by  these  Colorado  gentlemen,  that  it  was  necessary 
to  declare  what  appropriation  meant.  I  thought  everybody 
understood  that.  Now  this  board  of  control  you  are  going  to 
have  may  render  decisions,  and  those  decisions  appealed  from 
to  the  courts,  and  you  are  going  to  have  them  pass  upon  this 
question.  Now  it  occurs  to  me  that  we  should  say  what  shall 
be  appropriation  for  the  purposes  of  irrigation.  Shall  it  be  the 
beginning  of  work  necessary  to  carry  water  on  these  lands, 
provided  that  such  work  is  carried  forward  in  good  faith  and 
without  unreasonable  delay,  or  shall  it  be  the  actual  applica- 
tion of  water  to  the  land?  I  am  fully  convinced,  in  view  of  the 
state  of  affairs  in  Colorado,  that  this  convention  should  make 
some  such  declaration.  I  offer  the  following  amendment :  "The 
actual  appropriation  of  water  for  irrigation  shall  be  construed 
to  date  from  the  actual  beginning  of  work  necessary  to  wa- 


PROCEEDINGS  AND  DEBATES. 


501 


ter  the  land  to  be  irrigated,  provided  the  same  is  completed 
•without  unreasonable  delay." 

Mr.  HOYT.  I  agree  with  the  gentleman  who  offers  this 
:aiiiendment  as  to  the  object  sought  to  be  accomplished;  think 
it'  the  object  could  be  reached  by  a  word  or  two,  it  would  be 
much  better.  It  occured  to  me  as  the  amendment  was  being 
read  that  the  word  utilization  would  not  cover  the  ground. 

Mr.  HAY.  I  am  opposed  on  general  principles  to  the  at- 
tempt that  is  so  frequently  made  here  in  this  convention  to 
make  this  constitution  a  code  of  laws,  and  I  am  opposed  to 
making  it  a  dictionary  of  legal  terms.  I  think  if  after  five  or 
ten  years  we  find  it  necessary  to  define  the  word  appropria- 
tion the  legislature  can  do  so.  If  the  constitutional  conven- 
tion do  it,  and  do  it  wrong,  it  will  be  hard  to  remedy  our  mis- 
take. We  want  to  establish  all  these  things  on  broad  grounds, 
particularly  a  matter  as  important  as  irrigation.  I  think  the 
best  ability  of  this  convention  has  been  devoted  to  making 
this  provision  as  near  perfect  as*  may  be,  and  it  seems  to  me 
covers  the  ground  completely.  We  want  to  keep  these  details 
out  of  it. 

Mr.  SMITH.  It  occurs  to  me  upon  this  proposition  that 
^sve  want  to  put  nothing  more  in  this  constitution  than  will 
simply  guide  the  legislature.  We  have  advanced  just  far 
enough  in  water  interests  to  realize  the  importance  of  this 
matter,  beyond  that  we  might  say  we  know  almost  nothing. 
Xow  suppose  wre  go  to  work  a,nd  undertake  to  lay  out  a  plan 
in  the  constitution  by  which  they  shall  be  governed,  you  may 
find  it  in  five  years  wholly  impracticable,  and  you  are  putting 
in  something  that  you  cannot  change  very  easily.  Xow  some- 
thing has  been  said  about  making  this  a  dictionary,  now  I 
think  that  is  something  this  convention  don't  feel  like  doinir. 
If  I  understand  it  an  appropriation  of  water  is  diverting  it 
from  the  natural  stream  to  which  it  belongs  for  beneficial 
purposes.  A  Colorado  case  has  been  referred  to.  I  think  I 
had  the  case  in  mind.  It  turned  on  this  question.  The  sta- 
tute provides  as  to  how  the  work  shall  be  prosecuted,  and  that 
case  turned  on  that  point.  That  case  turned  on  that  point, 
and  the  work  was  not  prosecuted  within  the  statute.  I  have 
understood  always  that  the  appropriation  of  water  was  its  di- 
version from  its  proper  channel.  So  far  as  putting  this  defini- 
nition  in  this  constitution.  It  seems  to  me  we  are  undertnk- 
ino-  to  do  something  that  may  turn  out  very  disastrouslv  in  the 
future.  My  idea  would  be  to  have  one  section  and  then  sub- 
mittine;  the  whole  to  the  legislature.  They  can  act  from  what 
they  have  learned  from  their  experience,  but  if  you  tie  it  up, 
and  set  up  a  system  a.s  you  do  here,  you  may  be  doinc:  a  very 
disastrous  thing.  I  think  we  should  declare  it  to  be  the  prop- 


502  CONSTITUTIONAL  CONVENTION. 

erty  of  the  state,  and  then  leave  the  entire  matter  to  the  leg- 
iskituie. 

Mr.  JOHNSTON.  I  know  something  about  the  working  of 
this  matter  in  Colorado,  and  the  reason  why  this  matter  was 
not  settled  long  ago  was  on  account  of  local  jealousies.  What 
is  good  for  one  part  is  not  considered  good  for  another  part.  It 
is  Irtird  to  get  out  of  the  old  ruts.  I  am  opposed  to  any  other 
proposition  than  as  set  forth  here.  The  decision  of  the  Cali- 
fornia supreme  court  as  stated  by  Judge  Conaway  seems  to- 
me  to  decide  the  matter. 

Mr.  BAXTER.  I  am  as  much  opposed  as  anyone  to  putting 
legislation  in  this  constitution.  Now,  the  gentleman  from  Car- 
bon says  this  is  a  new  question,  and  we  don't  know  anything 
about  it.  Now,  I  think  if  there  is  any  question  we  do  know 
something  about  it  is  the  question  of  the  appropriation  of  wa- 
ter. We  don't  know  whether  this  proposed  system  is  a  wise 
one,  yet  we  are  putting  it  in  the  constitution.  I  believe  this 
to  be  a  wise  course,  but  experience  may  prove  it  to  be  very 
unwise,  and  we  may  have  to  change  it.  Now  if  wre  do  know 
anything  it  is  what  the  appropriation  of  water  ought  to  beT 
and  it  is  altogether  different  from  what  the  gentleman  from 
Carbon  says  it  is.  He  defines  it  as  the  diverting  of  the  water 
from  the  stream.  I  don't  understand  it  to  be  anything  of  the 
kind.  Appropriation  is  the  actual  beginning  of  the  work  to 
divert  the  water  of  a  stream,  begun  in  good  faith,  and  prose*- 
cuted  without  unnecessary  delay.  Now,  if  .we  understand  it 
that  way,  why  not  put  it  in  the  constitution?  Why  leave  the 
doors  open  for  all  kinds  of  trouble  like  our  immediate  neigh- 
bors have  had  in  Colorado?  They  did  not  think  it  was  neces- 
sary and  left  it  out,  and  the  question  came  right  up  in  their 
own  courts,  and  while  I  ha.ve  never  read  the  case,  I  know  the 
gentlemen  whom  I  heard  discussing  it  could  not  have  been  mis- 
taken about  it,  and  the  case  did  not  turn  upon  the  prosecution 
of  the  work,  there  was  no  question  but  the  men  who  first  com- 
menced the  ditch  prosecuted  the  work  with  reasonable  dilli- 
gence,  but  it  turned  upon  the  construction  of  the  word  ap- 
propriation. Did  it  mean  the  beginning  of  the  work,  or  the 
actual  application  of  the  water  to  the  land?  And  the  court 
decided  that  it  meant  the  actual  application  of  the  water  to 
the  land.  I  think  that  tin*  appropriation  should  be  the  begin- 
n  in  IT  of  the  work  to  carry  it  on  to  the  land,  and  if  we  all  un- 
d«-rstand  it  that  way,  I  cannot  see  anv  objection  to  saying  so. 

Mr.  BROWN.  I  do  not  like  to  talk  about  a  matter  about 
which  I  am  not  very  well  informed,  and  I  desire  to  confess 
to  this  convention  that  I  do  not  think  I  am  very  well  informed 
upon  this  question  of  irrigation.  But  there  are  some  questions 
albout  which  we  may  all  reasonably  differ.  There  are  some 
things,  however,  about  which  we  do  not  differ,  and  that  is  the 


PROCEEDINGS  AND  DEBATES.  503 

construction  of  language.  Now  as  to  this  proposed  amendment 
I  am  not  in  favor  of  it,  because  it  seeks  to  put  a  limit  upon  the 
meaning  of  the  word  appropriation.  Now  a  word  may  have  a 
variety  of  meanings,  and  different  courts  may  place  a  differ- 
ent construction  upon  each,  but  when  you  come  to  take  this 
you  had  better  leave  the  whole  matter  of  deciding  just  what 
this  shall  mean  to  the  courts  of  our  country,  rather  than  to 
try  to  place  an  original  meaning  upon  it  ourselves.  If  left  to 
stand  as  it  is  the  word  then  becomes,  as  it  were,  elastic,  and 
the  courts  in  applying  the  law  framed  on  this  question  will 
give  this  word  such  a  meaning  as  will  inure  to  the  best  inter- 
ests of  the  people.  I  am  therefore  in  favor  of  leaving  it  just  as 
it  is,  but  I  am  most  decidedly  opposed  to  this  section  as  it 
stands,  and  I  am  opposed  to  it  for  this  reason.  When  you  say 
prior  appropriation  shall  give  the  better  right,  or  if  you  say 
prior  appropriation  for  beneficial  uses  shall  give  the  better 
right,  what  do  you  mean  ?  Let  us  understand  this  before  we  act 
on  it.  When  a  contest  conies  before  the  courts  between  indi- 
viduals as  to  the  right  to  the  use  of  water,  upon  what  propo- 
sition is  the  whole  question  determined?  If  you  say  in  your  con- 
stitution that  prior  appropriation  shall  give  the  better  right, 
then  the  whole  question  is  determined  by  prior  appropriation. 
And  no  other  matter  under  the  sun  is  to  be  considered  in  that 
connection.  It  makes  it  final  and  determines  the  whole  mat- 
ter. Now  if  you  say  that  prior  appropriation  for  beneficial 
uses  is  to  determine  the  better  right,  then  you  say  that  the 
man  who  first  takes  possession  of  the  water  and  applies  it  to 
beneficial  uses  has  the  higher  and  better  right,  and  not  only 
a  higher  and  better  right,  but  has  absolute  title,  and  deter- 
mines every  question  that  may  arise  between  the  parties  claim- 
ing it.  I  don't  believe  in  that  theory  at  all.  We  propose  here 
to  appoint  a  board  of  control,  and  for  what  purpose?  We  say 
that  the  state  shall  be  the  owner  of  this  water,  and  shall  have 
the  right  to  control  it.  Are  we  to  say  in  addition  to  that  that 
any  man  who  goes  upon  the  public  domain  and  takes  up  some 
portion  of  the  water,  shall  forever  hold  that  water  to  the  ex- 
clusion of  everybody  else,  because  it  is  a  prior  appropriation  for 
beneficial  uses.  I  don't  believe  in  the  principle  at  all.  Wlien 
we  appoint  a  board  of  control  to  manage  this  water  system, 
that  we  say  belongs  to  the  state,  let  us  give  them  authority  to 
control  it  for  the  highest  and  best  uses  of  the  people  of  the 
state,  and  don't  fix  that  control  by  saying  that  appropriation 
shall  settle  the  matter.  Leave  it  to  the  board  of-  control  to 
say  what  equities  enter  into  this  matter  of  the  use  of  water, 
and  let  them  consider  every  question  that  arises  in  connection 
with  its  appropriation,  and  then  say  under  all  the  equities  of 
•tihe  case  who  shall  be  entitled  to  the  use  of  that  water,  and 


504  CONSTITUTIONAL  CONVENTION. 

not  say  that  the  matter  of  prior  appropriation  shall  settle  it. 
Now  prior  appropriation  is  an  important  matter  to  be  con- 
sidered, and  I  take  it  that  the  board  of  control  would  consider 
that  matter,  but  in  considering  the  matter  and  in  determin- 
ing the  rights  to  the  water,  they  may  consider  other  matters 
as  well  as  the  matter  of  prior  appropriation,  and  upon  this 
mid  all  the  equities  in  the  case  determine  who  shall  have  the 
better  right,  but  don't  let  any  one  thing  determine  it,  the  mat- 
ter of  appropriation  alone. 

Mr.  HAY.  I  don't  think  the  gentleman  is  confining  him- 
self to  the  subject  before  the  house. 

Mr.  BROWN.  That  may  be,  but  the  other  gentlemen  have 
discussed  the  whole  question,  and  I  claim  a  similar  right.  Now 
the  question  presented  by  the  amendment  of  Mr.  Baxter  of 
Laramie,  raises  this  whole  matter  of  appropriation,  and  while 
upon  this  question  I  wish  to  say  further  that  the  next  part  of 
this  section,  ano  appropriation  shall  be  denied  except  when  de- 
manded by  the  public  interests.'1 

Mr.  CHAIRMAN.  The  question  is  the  amendment  to  Sec. 
3.  The  gentleman  is  not  speaking  to  the  question. 

Mr.  BROWN.    I  appeal  from  the  decision  of  the  chair. 

Mr.  CHAIRMAN.  The  chair  has  ruled  that  the  gentleman 
was  not  speaking  to  the  question,  the  amendment  offered  by 
Mr.  Baxter  of  Laramie.  Judge  Brown  appeals  from  the  deci- 
sion of  the  chair.  Shall  the  decision  of  the  chair  be  sustained? 
All  in  favor  of  the  decision  of  the  chair  being  sustained  will 
please  answer  by  saying  aye;  contrary  no.  The  noes  have  it; 
the  motion  is  lost.  The  gentleman  will  proceed. 

Mr.  BROWN.    I  have  no  desire  to. 

Mr.  COFFEEN.  As  I  understand  it  the  vote  will  be  on  the 
motion  to  strike  out.  I  shall  vote  in  favor  of  striking  out  the 
whole  section  on  the  arguments  presented  by  Judge  Brown. 

Mr.  CHAIRMAN.  The  gentleman  is  mistaken,  the  question 
is  on  the  amendment  offered  by  the  gentleman  from  Laramie, 
Mr.  Baxter,  as  read  by  the  clerk.  Are  you  ready  for  the  ques- 
tion? All  in  favor  of  the  amendment  will  say  aye;  contrary  no. 
The  noes  have  it;  the  amendment  is  lost. 

Mr.  HAY.  I  want  to  ask  with  reference  to  the  meaning 
of  the  last  clause  of  Sec.  3.  It  ^says  "no  apropriation  shall  be 
denied  except  when  demanded  by  the  public  interests."  Is 
it  the  appropriation  or  the  denial  is  demanded? 

Mr.  BT'RRTTT.  I  will  explain  to  Mr.  Hay.  The  present  sys- 
tem, as  the  gentleman  well  knows,  is  for  a  man  to  rush  out  to 
the  creek, -as  has  been  done  in  the  gentleman's  own  county, 
and  without  consulting  anybody,  finding  out  anything  about 
whether  then*  is  any  water  there  or  not,  he  rushes  in  and  be- 
gins a  ditch,  and  rushes  into  court  and  begins  a  law  suit.  Now 


PROCEEDINGS  AND  DEBATES.  505 

this  system  proposes  to  revise  the  order  of  things,  and  instead 
of  rushing  all  over  the  country,  and  beginning  a  ditch  and  tak- 
ing the  chances  about  getting  any  water,  we  propose  to  have 
them  get  permission  to  construct  ditches  from  the  board  of 
control.  In  othei*  words  all  the  information  necessary  to  en- 
able a  man  to  do  the  wise  thing  in  this  matter  will  be* with  the 
board  of  control.  This  provision  is  to  revise  this  system  from 
what  we  have  it  now,  and  instead  of  allowing  ditches  to  be 
taken  out  without  any  system  rjt  all,  to  have  a  man  find  out 
from  the  board  of  control  just  what  he  can  do. 

Mr.  HAY.  The  gentleman  has  lost  sight  of  my  question, 
the  only  thing  I  want  to  get  at  is  what  is  demanded  by  the 
public  interests,  the  denial  or  the  appropriation? 

Mr.  BUKRITT.    The  denial  is  demanded. 

Mr.  HAY.  I  want  to  offer  an  amendment  to  make  this 
matter  clear,  after  the  word  "except"  insert  "when  such  de- 
nial is." 

Mr.  COFFEEK  Even  after  that  amendment  is  made  there 
is  still  an  ambiguity  in  another  part  of  the  section  of  much 
greater  importance.  I  think  the  language  is  so  broad  that  it 
may  cause  much  difficulty  and  lead  to  much  confusion.  My 
objection  is  to  the  two  wrords  "no  appropriation."  It  seems  to 
me  that  is  much  too  broad.  I  have  no  objection  to  the  idea 
that  no  legal,  proper  and  reasonable  appropriation  shall  be  de- 
nied by  the  board  of  control,  except  when  demanded  by  the 
public  interests,  but  to  say  no  appropriation  shall  be  denied 
puts  it  so  that  it  may  be  taken  advantage  of  and  many  de- 
mands made  that  are  neither  reasonable  nor  just.  It  seems  to 
me  if  that  language  cannot  be  remedied  it  is  better  to  strike 
out  the  entire  sentence.  I  have  been  considering  the  matter, 
but  cannot  find  any  proper  apt  words  which  will  express  the 
idea.  I  therefore  make  the  motion  to  strike  out  the  last  sen- 
tence of  Sec.  3. 

Mr.  CHAIRMAN.  The  question  is  on  the  amendment  to 
the  amendment  offered  by  Mr.  Coffeen.  Are  you  ready  for 
the  question?  All  in  favor  of  the  motion  to  strike  out  the  last 
sentence  in  Sec.  3  will  say  aye;  contrary  no.  The  noes  have 
ft?  the  motion  is  lost..  The  question  is  now  on  the  original 
•amendment  offered  by  Mr.  Hay.  All  in  favor  of  the  motion  will 
•say  aye;  contrary  no.  The  ayes  have  it;  the  section  is  so 
timendr-d. 

Mr.  JEFFREY.  I  have  no  amendment  to  offer,  but  merely 
wish  to  obtain  a  little  information.  As  I  take  it  the  file  as 
presented  by  the  committee  seems  to  indicate  that  the  appro- 
priation and  distribution  of  water  would  be  entirely  for  one 
purpose,  namely  for  irrigation.  Now  there  are  other  interests 
that  will  probably  require  the  use  of  water,  and  I  merely  wish 


506  CONSTITUTIONAL  CONVENTION. 

to  ask  those'  more  learned  in  the  law  than  I  am,  if  these  oth- 
er interests  and  purposes  for  which  water  will  be  used  are 
properly  protected  in  this  provision?  For  instance,  manufact- 
uring, milling  and  mining  purposes.  This  priority  would  seem 
to  indicate  that  it  is  merely  between  persons  wishing  to  use 
watet*  for  the  same  purpose.  Now  as  to  who  shall  have  the 
priority  as  between  these  interests,  which  shall  have 
the  preference,  agriculture,  mining,  manufacturing  or  domes- 
tic purposes.  That  is  what  I  wish  to  get  at;  whether  this  is 
sufficient  to  cover  it? 

Mr.  JOHNSTON.  The  amendment  inserting  "for  beneficial 
uses''  covers  it  all,  whether  it  be  for  domestic  purposes,  for 
watering  cattle,  irrigation  or  anything  else. 

Mr.  CHAIRMAN.  If  there  are  no  further  amendments  to 
Sec.  3  we  will  proceed  to  Sec.  4. 

Mr.  CO^XWAY.  I  move  to  strike  out  the  figure  "four" 
in  the  first  line  of  this  section.  I  think  it  is  sufficiently  appar- 
ent to  us  all  that:  it  is  not  proper  to  say  just  what  number  of 
districts  the  state  shall  be  divided  into.  We  should  leave  that 
matter  entirely  to  the  legislature,  and  they  may  change  the 
number  as  they  may  see  fit. 

Mr.  BUKRITT.  I  desire  to  call  the  attention  of  the  con- 
vention to  the  drainage  map  of  Wyoming  which  has  been  pre- 
pared by  the  state  engineer.  It  is  not  like  the  maps  of  Wyo- 
ming that  have  been  prepared  from  carelessly  prepared  maps 
of  the  United  States  survey.  This  map  is  absolutely  correct 
as  to  the  drainage  basins  and  the  streams.  Now  the  present 
objection  to  our  present  territorial  law  is  the  fact  that  the  wa- 
ter districts  are  so  divided  that  one  portion  of  a  stream  is  in 
one  district  and  the  rest  in  another,  'and  there  is  actually  one 
case  on  record  where  the  prior  right  to  the  waters  of  one  creek 
in  one  water  district  is  decreed  in  one  man,  and  right  across 
the  line,  another  ditch  taken  out  by  another  man  is  decreed  to 
have  the  first  right.  Here  are  the  four  natural  water  basins, 
and  no  water  commissioner  can  determine  in  reference  to  the 
desirability  of  allowing  a  ditch  to  be  constructed  without 
knowing  how  much  is  appropriated  and  what  the  condition  of 
things  is  in  the  streams.  The  drainage  basins  have  been 
marked  out  by  the  engineer,  and  you  can  see  just  where  they 
are.  In  the  northeastern  part  of  the  territory  there  is  the 
Powder  river,  the  Belle  Fourche,  and  the  Little  Powder,  all 
running  north  into  the  Little  Missouri,  here  we  have  one  water 
sli«'d.  Here  in  the  west  is  the  Sweetwater,  Green  river  and 
Snake  river,  in  one  water  shed.  Xot  a  single  stream  but  finds 
its  way  into  the  Swoetwater  or  Green  river,  they  are  all  in  one 
\\i\\cr  shed.  Here  in  th<>  south  is  the  Platte.  The  Big  Horn 
and  the  Stinkingwater  forms  another.  They  are  all  just  as 


PROCEEDINGS  AND. DEBATES.  507 

separate  as  if  separated  by  a.  stone  wall  twenty  feet  high  be- 
neath the  surface  of  the  soil.  Now  it  is  highly  desirable  to  fix 
this  in  such  a  way  that  one  water  district  may  not  be  put  into 
two  different  basins.  We  have  for  instance  here  the  Big  Horn 
river  lying  "between  two  districts  and  extending  into  a  third. 
We  want  each  drainage  basin  in  one  district. 

Mr.  CLARK.  I  .have  no  doubt  that  the  state  engineer  has- 
carefully  prepared  that  map,  but  for  one  I  am  not  willing  to 
tnke  the  iield  notes  of  the  United  States  survey  as  to  what 
these  drainage  districts  are.  It  is  a  notorious  fact  that  in 
many  parts  of  Wyoming  the  field  notes  of  the  United  States 
survey  are  as  absolutely  false  as  any  official  document  could 
possible  be.  In  our  county,  or  .in  Sweetwater  county  rather,, 
quite  a  large  tract  of  land  has  been  withdrawn  from  public 
sale  under  the  land  laws  of  the  United  States,  owing  to  the 
fact  that  the  surveys  are  so  incorrectly  made  as  to  constitute 
no  survey  whatever.  The  sections  are  of  all  shapes  and  of  all 
sizes,  and  the  surveyor  could  not  have  even  looked  over  the 
ground  in  making  their  survey  and  field  notes.  It  seems  to 
me  we  shall  be  perfectly  safe  in  providing  it  shall  be  divided 
into  districts  without  fixing  the  number  of  districts,  and  of 
what  they  shall  consist. 

Mr.  BUKRITT.  I  want  to  say  in  answer  to  Mr.  Clark  that 
another  object  to  be  gained  in  dividing  the  territory  is  to  limit 
the  state  board  of  control.  I  do  not  wish  to  put  it  into  the 
power  of  the  legislature  to  make  a  water  district  for  each  creek 
and  thereby  multiply  the  number  of  officials.  These  water  com- 
missioners by  this  bill  are  made  with  the  state  engineer,  the 
state  board  of  control,  and  by  limiting  it  to  four  districts 
makes  a  state  board  of  control  of  five,  which  in  my  opinion  is 
as  large  as  if  should  ever  be.  This  map  has  been  very  careful- 
ly corrected  and  verified  by  Prof.  Mead,  and  I  believe  is  abso- 
lutely correct. 

Air.  HOYT.  I  am  sure  that  this  section  presented  by  the 
committee  has  been  carefully  prepared  and  wisely  drawn.  It 
makes  little  difference  if  the  survey  makes  a  wrong  section 
line  or  not,  everybody  knowrs  there  are  certain  great  divides 
in  this  territory,  as  stated  by  Mr.  Burritt  and  I  think  this  should 
stand  just  as  it  is. 

Mr.  HARVEY.  While  I  believe  this  is  a  piece  of  legislation 
I  believe  it  is  o-ood  legislation,  and  I  shall  therefore  favor  it. 

Mr.  CfTATRMAX.  The  question  is  on  striking  out  the  word 
four.  Are  you  ready  for  the  question?  All  in  favor  of  the 
amendment  will  say  aye;  contrary  no.  The  noes  have  it;  the- 
amendment  is  lost.  Sec.  5. 

Sec.  0. 


508  CONSTITUTIONAL  CONVENTION. 

Mr.  FOX.     I  propose  to  amend.     After  the  word  "water- 

ways"  insert  the  "sale  or  rental  of  water." 

Mr.  JOHXSTOX.  I  object  to  that  amendment  on  this 
ground.  In  Colorado  one  of  the  largest  ditches  taken  out  of 
Clear  creek  and  which  appropriates  the  most  water,  has  been 
constructed  and  owned  by  the  farmers  themselves"  They  don't 
sell  any  water  to  anybody  except  those  who  are  stockholders 
in  the  concern.  It  appropriates  most  of  the  water  in  that 
creek.  They  carry  it  by  ranches  that  are  not  stockholders  in 
that  ditch,  and  they  can  get  nothing  out  of  it.  I  know  of  farm- 
ers that  have  been  compelled  to  sell  their  land.  If  you  put  in 
this  clause  as  suggested  it  covers  nothing  at  all. 

Mr.  BFKRITT.  I  desire  to  say  that  although  this  report  is 
signed  by  the  chairman,  and  although  I  consented  to  this  last 
section,  I  did  it  witlfout  a  full  understanding  of  it,  and  with 
the  belief  that  I  would  hear  from  certain  gentlemen  on  this 
floor,  a  good  and  sufficient  reason  for  the  insertion  of  such  a 
clause  as  this  in  a  fundamental  law  of  the  territory.  I  more 
particularly  refer  to  the  gentleman  from  Laramie,  Mr.  Fox, 
who  seemed  to  have  a  great  anxiety  about  this.  I  believe  tlie 
whole  matter  is  covered  by  the  preceding  sections  of  this  bill. 
I  believe  the  bill  as  presented  by  the  committee  needed  no 
amendment  in  any  material  respect,  and  would  give  us  the 
most  perfect  water  system  that  has  been  tried  in  this  coun- 
try. It  is  the  system  that  has:  been  adopted  by  all  the  irriga- 
tion countries  in  the  world  except  the  United  States,  If  I  can- 
not hear  some  good  reason  why  this  section  should  be  retain- 
ed I  shall  vote  to  strike  it  out. 

Mr.  FOX.  Since  I  have  heard  so  much  discussion  in  regard 
to  this  matter  I  have  come  to  the  conclusion  that  the  best 
thing  this  convention  can  do  is  to  strike  out  the  whole  busi- 
ness and  insert  a  chapter  stating  that  the  legislature  shall 
make  such  laws  as  are  necessary  to  govern  the  water  rights 
of  the  state.  That  Avill  cover  it  and  leave  it  where  it  properly 
belongs.  My  oFject  in  introducing  this  proposed  amendment 
was  to  cover  certain  cases,  and  which  is  the  argument  I  pro- 
pose to  present.  If  Ave  are  going  to  pass  laws  to  regulate  this 
water  rights  question,  something  of  this  kind  should  be  insert- 
ed, and  is  what  we  need.  My  object  in  offering  this  section 
and  wanting  it  in  the  constitution  was  to  protect  settlers  who 
want  to  settle  upon  the  public  lands,  but  where  they  cannot 
get.  water.  I  will  cite  the  Laramie  plains,  where  there  is  ex- 
cellent land  ten  or  fifteen  miles  from  the  river,  and  if  a  person 
takes  up  a  government  section  he  is  not  able  to  get  water  for 
the  land.  He  cannot  get  water  unless  he  buys  the  railroad 
section.  T  want  some  provision  so  the  Laramie  plains  can  be 
settled,  and  they  won't  be  settled  in  the  next  twentv-five 


PROCEEDINGS  AND  DEBATES. 


5°9' 


years  to  come  unless  some  provision  is  made  whereby  a  poor 
man  can  get  water,  aiid  I  want  some  provision  whereby  these 
parties  who  have  constructed  this  ditch  and  taken  out  all  the 
water  shall  be  compelled  to  supply  these  settlers  with  it,  and 
that  they  shall  sell  it  to  them  at  the  same  rate  they  would  to  a 
man  who  owns  a  railroad  section.  I  think  where  a  ditch  is 
constructed  like  a  railroad,  for  the  purpose  of  carrying  water, 
it  should  be  a  public  carrier,  and  should  be  regulated  under  the 
corporation  laws.  This  was  my  idea  of  it. 

Mr.  BROWN.  I  don't  understand  Mr.  Fox  exactly.  It 
seems  to  me  if  I  understand  his  amendment,  it  will  prevent  the- 
very  thing  he  wants  to  accomplish,  he  says  these  ditches  shall 
be  declared  common  carriers.  The  case  referred  to  by  him  on. 
the  Laramie  plains  for  instance.  There  is  a  company  that 
owns  a  large  tract  of  land,  alternate  sections,  they  have  con- 
structed a  wrater  way  for  the  purpose  of  conducting  water  upon, 
their  own  land.  As  I  understand  it  they  do  not  propose  to  sell 
it  to  anybody.  They  are  not  conveying  water  to  sell.  But 
they  simply  say  to  the  people  if  you  buy  our  land  we  wrill  al- 
low you  so  much  water  to  go  with  the  right  to  the  land,  as  a 
part,  of  their  vested  right  to  the  land  itself.  They  are  not  pub- 
lic vendors  of  water  in  any  way,  selling  it  to  the  public  that 
may  demand  it.  They  sell  it  as  an  interest  attached  to  the 
land  itself.  That  is  they  sell  the  land  and  deliver  so  much  wa- 
ter with  the  land.  If  that  is  the  situation  it  will  defeat  his- 
object  it  seems  to  me. 

Mr.  FOX.  I  guess  that  is  the  situation.  I  think  the  amend- 
ment contained  in  this  report  would  cover  it  better  than  any 
amendment. 

Mr.  COFFEEN.  This  is  my  position  on  this  whole  irriga- 
tion question.  I  shall  favor  striking  out  everything  except  the 
first  section,  declaring  the  right  of  the  state  to  the  waters  of 
the  state.  This  is  a  first  and  fundamental  principle  which 
I  believe  properly  belongs  to  a  constitutional  convention  to 
declare,  but  I  am  opposed  to  all  the  rest  of  this  proposition  ex- 
cepting that  the  state  shall  be  divided  into  four  grand  water 
divisions.  That  is  all  I  am  in  favor  of. 

Mr.  BAXTER.    I  move  to  strike  out  Sec.  6. 

Mr.  POTTER.  I  have  not  been  heard  on  this  subject  of  ir- 
rigation, but  if  this  motion  is  made  I  wrould  like  to  amend  it. 
My  only  reason  for  desiring  to  strike  out  Sec.  fi  is  because  of 
the  failure  of  the  amendment  to  accomplish,  if  I  understand  it, 
the  object  desired  by  the  amendment.  It  seems  to  me  when 
you  declare  all  of  the  ditches  of  the  state  public  carriers,  that 
you  subject  them  to  the  enforced  selling  of  water.  I  may  have 
three  or  four  hundred  acres  of  land,  and  only  water  necessary 
to  irrigate  that  land,  now  some  man  may  settle  along  my  ditch' 


510 


CONSTITUTIONAL  CONVENTION. 


and  I  would  be  compelled  to  give  him  half  my  water.  It  should 
not  be  entertained  for  a  moment.  If  YOU  will  allow  the  section 
to  stand  and  amend  it  so  it  will  read  "operated  for  the  purpose 
of  selling  or  supplying  water,  shall  be  deemed  public  carriers" 
I  think  it  will  be  all  right,  but  as  the  section  now  stands  it 
ought  to  be  stricken  out. 

Mr.  SMITH.  I  want  to  ask  what  the  amendment  is  be- 
fore the  house. 

Mr.  CHAIRMAN.  The  question  before  the  house  is  the 
amendment  of  Mr.  Baxter  of  Laramie  to  strike  out  Sec.  0. 

Mr.  SMITH.  I  move  to  amend  the  amendment  of  Mr.  Bax- 
ter so  as  to  strike  out  Sees.  1,  2,  3,  4,  5  and  6,  and  insert  a  new 
section  in  lieu  thereof,  as  follows:  "Sec.  1.  The  waters  of  all 
streams,  springs,  lakes  and  other  collections  of  still  water 
within  this  state  is  hereby  declared  the  property  of  the  state, 
subject,  however,  to  appropriation  for  beneficial  uses,  under 
such  rules  and  regulations  as  may  be  provided  by  law." 

Mr.  JOHNSTON.  I  hope  this  motion  will  not  prevail.  This 
report  has  not  been  prepared  carelessly.  It  has  been  prepared 
after  consulting  the  best  authorities  in  the  country  with  re- 
gard to  this  matter.  It  has  been  submitted  to  them  and  con- 
sidered by  them  to  be  the  best  constitutional  clause  that  there 
is  in  existence  in  regard  to  this  matter.  Now  if  we  are  not 
prepared  to  take  the  advice  of  those  who  have  given  this  a 
great  deal  of  study.  I  thing  we  are  making  a  great  mistake. 
It  has  been  found  necessary  in  all  states  where  irrigation  is 
known,  to  have  some  head  to  this,  and  Colorado  has  adopted 
this  system  of  superintendents  which  we  have  proposed  here. 
They  found  it  absolutely  necessary  that  something  of  that 
kind  should  Be  done.  Now  why  not  provide  it  here  and  settle 
it  beyond  a  doubt  and  not  leave  it  to  the  mercies  of  the  legis- 
lature. It  is  conceded  that  it  is  absolutely  necessary  that  we 
have  something  of  the  kind,  and  I  sincerely  trust  this  motion 
will  not  prevail. 

Mr.  HOLDEN.  As  a  member  of  your  committee  on  irriga- 
tion and  water  rights,  I  would  like  to  state  some  of  the  rea- 
sons that  lead  this  committee  to  present  this  report.  In  the 
first,  place  we  believed  that  the  doctrine  contained  in  Sec.  1 
was  sound.  That  it  was  not  only  founded  on  good  sense  but 
on  justice.  Again,  the  legislatures  of  this  territory  have  at- 
tempted to  deal  with  this  question,  and  from  time  to  time  dem- 
onstrated their  ignorance  of  the  whole  matter,  legislating  in 
one  direction  at  one  session,  and  undoing  all  their  work  the 
next.  Now  in  order  that  the  work  of  irrigation  and  reclaima- 
tion  shall  move  forward,  it  is  necessary  that  we  should  have 
some  fixed  laws  by  which  we  act.  We  thought  it  wise  to  take 
•this  matter  away  from  the  legislature  and  adopt  a  rule  that 


PROCEEDINGS  AND  DEBATES.  511 

shall  have  some  wisdom  in  its  method,  and  then  abide  by  that 
rule  until  such  time  as  it  is  apparent  to  the  whole  state  that 
these  things  are  actually  founded  on  injustice.  Consequently 
Ave  considered,  in  view  of  the  fact  that  this  territory  was  nat- 
urally divided  into  four  grand  water  divisions  or  waiter 
sheds,  that  it  would  be  best  to  place  the  control  of  this  water 
in  the  hands  of  the  state  engineer  and  four  assistants,  who 
•shall,  control  this  entire  matter.  This  was  the  conclusion  ar- 
rived at  by  this  committee  after  a  good  deal  of  laborious  work, 
and  as  my  friend  from  Converse,  Mr.  Harvey,  has  said,  that 
notwithstanding  this  may  be  legislation,  it  is  good  legislation, 
and  we  therefore  ask  reasonable  consideration  of  this  matter. 
Wre  believe  we  have  given  more  attention,  more  hours  of  labor 
to  this  matter,  than  perhaps  any  other  members  of  this  con- 
vention. It  has  occupied  our  attention  since  the  beginning  of 
this  convention,  and  I  believe  we  have  reached  about  as  ex- 
cellent a  result  as  could  be  reached.  For  this  reason  I  am  op- 
posed to  the  motion. 

Mr.  CHAIRMAN.  The  question  is  on  the  amendment  to 
the  amendment  offered  by  the  gentleman  from  Carbon,  Mr. 
Smith.  Are  you  ready  for  the  question?  All  in  favor  of  the 
motion  will  say  aye ;  contrary  no.  The  noes  have  it ;  the 
amendment  is  lost.  The  question  is  now  on  the  amendment  as 
offered  by  the  gentleman  from  Laramie,  Mr.  Baxter,  I  believe, 
that  Sec.  6  be  stricken  out.  All  in  favor  of  the  motion  will 
say  aye;  contrary  no.  The  motion  prevails. 

Mr.  RINER.  I  move  tnat  when  this  committee  arise  they 
report  back  this  file  with  the  recommendation  that  it  be  adopt- 
ed as  a  part  of  the  constitution,  as  amended. 

Mr.  BROWN.  I  am  opposed  to  the  motion.  I  am  opposed 
to  it  on  the  ground  of  Sec.  3  as  it  now  stands.  It  is  in  the  way 
of  a  proper  application  of  the  waters  of  the  state.  Sec.  3,  as  it 
stands,  priority  of  appropriation  gives  the  better  right.  I  am 
opposed  to  any  such  doctrine.  I  believe  it  is  pernicious  and  an 
outrage  upon  the  people.  Would  you  say  that  because  a  man 
goes  out  first  and  appropriates  a  portion  of  the  water,  that 
that  not  only  gives  him  the  better  right,  but  that  the  matter 
of  appropriation  shall  be  conclusive?  You  are  establishing  a 
precedent  that  you  cannot  get  away  from,  and  one  that  will 
control  the  distribution  of  waters  in  this  state  as  long  as  this 
constitution  shall  be  in  existence.  I  don't  believe  in  it.  I  be- 
lieve that  priority  of  appropriation  should  be  considered  as 
between  parties,  out  that  it  should  be  considered  with  all  the 
other  equities  in  the  case. 

Mr.  JOHNSTON.  I  know  this  was  Maj.  Powell's  idea 
about  this  matter. 


5I2  CONSTITUTIONAL  CONVENTION 

Mr.  COFFEEN.  I  had  several  conversations  with  Maj.  Pow- 
ell in  regard  to  this  matter,  and  had  no  such  idea  or  informa- 
tion advanced,  and  I  do  not  think  that  it  is  a  good  thing  to 
consider  as  an  argument  in  this.  I  believe,  as  the  gentleman 
has  stated,  that  before  we  leave  this  we  should  consider  this- 
a  moment.  I  think  in  leaving  this  stand  as  we  were  about  to 
leave  it  stand,  we  were  cutting  off  all  other  considerations  of 
equity,  and  they  should  be  considered  in  the  adoption  of  this. 
I  am  therefore  opposed  to  rising  and  reporting  at  this  time. 

Mr.  CHAIRMAN.  The  question  is  on  the  motion  that  when 
this  committee  rise  and  report,  it  report  back  this  file  with  the 
recommendation  that  it  be  adopted  as  amended.  All  in  favor 
of  the  amendment  will  say  aye;  contrary  no.  The  ayes  have 
it;  the  motion  prevails. 

Mr.  RINER.    I  move  this  committee  now  rise  and  report. 

Mr.  CHAIRMAN.  The  question  is  on  the  motion  that  the 
committee  now  rise  and  report.  All  in  favor  of  the  motion 
will  say  aye;  contrary  no.  The  ayes  have  it;  the  committee 
will  now  rise. 

Mr.  RINER.  I  move  the  report  of  the  committee  be 
adopted. 

Mr.  COFFEEN.  Does  that  correspond  to  recommending  it 
for  final  reading? 

Mr.  PRESIDENT.  It  only  adopts  the'  report  of  the  com- 
mittee. 

Mr.  COFFEEN.  To  test  the  matter  I  move  that  the  re- 
port of  the  committee  be  adopted  with  the  exception  of  Sec. 
3,  which  shall  be  referred  back  to  the  Irrigation  committee. 

Mr.  IUJRRITT.  I  rise  to  a  point  of  order.  The  only  ques- 
tion that  can  be  properly  considered  is  the  motion  to  adopt  or 
reject  the  report.  If  the  convention  wishes  to  reject  the  re- 
port in  order  to  rectify  it,  it  can  do  so,  but  it  cannot  be  done 
by  way  of  any  amendment. 

Mr.  PRESIDENT.  The  chair  is  of  the  opinion  that  where 
a  report  of  a  corninitttee  is  made  and  the  question  arises  oh 
its  adoption,  it  is  not  parliamentary  to  move  an  amendment 
to  the  motion  to  adopt.  We  may  reject  or  we  may  adopt,  or 
on  a  motion  of  the  convention  that  the  matter  of  the  report 
is  devisable  it  may  be  reported,  and  the  sense  of  the  conven- 
tion adopted  on  the  several  portions  recommended.  This  re- 
port contains  but  a  single  recommendation.  The  motion  is 
that  we  adopt  the  report  of  the  committee.  The  committee 
reports  this  matter  back  with  the  amendment  with  the  rec- 
ommendation that  it  be  incorporated  in  the  constitution.  As 
the  matter  stands  it  is  not  a  proper  motion  to  amend  the  mo- 
tion to  adopt. 


PROCEEDINGS  AND  DEBATES.  513 

The  question  is  on  the  motion  that  the  report  of  the  com- 
mittee be  adopted.  All  in  favor  of  the  motion  will  say  aye;  con- 
trary no.  The  ayes  have  it;  the  motion  is  adopted. 

Mr.  RINER.  I  move  the  committee  take  a  recess  until  2 
o'clock. 

Mr.  PRESIDENT.  The  question  is  on  the  motion  to  take  a 
recess  until  2  o'clock.  All  in  favor  of  the  motion  will  say  aye; 
contrary  no.  The  ayes  have  it;  the  convention  will  take  a  re- 
cess until  2  o'clock  this  afternoon. 


AFTERNOON  SESSION. 

Saturday  afternoon,  Sept.  21,  1889. 

Mr.  PRESIDENT.    The  convention  will  come  to  order. 

Mr.  PRESTON.  I  ask  the  unanimous  consent  of  the  con- 
vention at  this  time  to  be  allowed  to  submit  a  report  by  Com- 
mittee No.  2,  referred  to  them  for  their  consideration.  I  would 
state  that  Mr.  Holden  did  not  sign  the  report. 

Mr.  PRESIDENT.  Is  there  objection  to  report  of  Com- 
mittee No.  2  being  received  at  this  time?  The  chair  hears  none 
and  the  report  of  the  committee  may  be  presented. 

(Report  of  Committee  No.  2.) 

Mr.  PRESIDENT.  Gentlemen,  you  have*  heard  the  report 
of  Committee  No.  2,  what  is  your  further  pleasure? 

Mr.  NICKERSON.  Committee  No.  0  would  like  to  make  a 
report. 

Mr.  PRESIDENT.  What  is  your  pleasure,  gentlemen,  as  to 
Committee  No.  9  being  received  at  this  time?  The  chair  hears 
none.  The  report  of  Committee  No.  9  will  be  read. 

(Report  of  Committee  No.  9.) 

Mr.  PRESIDENT.  What  is  your  pleasure,  gentlemen,  as  to 
the  matter  reported  by  Committee  No.  9  ? 

Mr.  RUSSELL.  I  move  that  the  report  be  referred  to  the 
committee  on  printing  and  ordered  printed. 

Mr.  JONES.    Second  the  motion. 

All  in  favor  of  the  motion  to  print  will  say  aye ;  contrary  no. 
The  ayes  have  it ;  the  motion  to  print  prevails. 

Gentlemen,  Files  No.  25  and  57  reported  back  by  the  com- 
mittee of  the  wiiole,  unless  otherwise  ordered  by  the  conven- 
tion will  be  referred  to  the  committee  on  engrossment,  with 
the  amendments  that  were  adopted.  Substitute  for  Files  9 
and  36  have  been  reported  by  the  committee  on  engrossment 
as  correctly  engrossed.  They  are  now  on  the  general  file  for 
final  action.  If  there  is  no  objection  they  can  now  be  taken 
up  and  the  matters  on  the  general  file  for  final  action  now 
disposed  of. 
— 33 


CONSTITUTIONAL  CONVENTION. 

Mr.  RINER.  I  move  that  the  files  now  ready  for  final  ac- 
tion be  now  finally  read. 

Mr.  BURRITT.    Second  the  motion. 

Mr.  PRESIDENT.  It  is  moved  that  the  files  reported  as 
correctly  engrossed  be  now  finally  read  and  put  upon  their  final 
passage.  Are  you  ready  for  the  question?  All  in  favor  of  the 
motion  will  say  aye;  contrary  no.  The  ayes  have  it;  the  mo- 
tion prevails. 

Mr.  HAY.  Has  Rule  4  been  suspended?  I  move  it  be  sus- 
pended for  the  afternoon. 

Mr.  PRESIDENT.  If  there  is  no  objection  Rule  4  will  be 
suspended  for  the  afternoon  by  unanimous  consent.  The  sec- 
retary will  read  the  substitute  for  Files  9  and  36. 

(Final  reading  of  the  file.) 

The  question  is  on  the  passage  of  the  file  as  read.  So  many 
as  favor  the  adoption  of  the  file  as  a  part  of  the  constitution 
will  say  aye  as  their  names  are  called;  those  opposed  will  say 
no.  The  secretary  will  call  the  roll. 

Mr.  PRESTON.  Maj.  Baldwin  has  been  called  home  on  im- 
portant business  and  has  requested  that  he  be  excused  by  the 
convention.  He  could  not  avoid  going. 

(Roll  call.) 

Mr.  PRESIDENT.  Gentlemen,  the  vote  is  as  follows:  Ayes, 
35;  naves,  none;  absent,  14.  By  your  vote,  gentlemen,  you  have 
adopted  substitute  for  Files  9  and  36  as  a  part  of  the  constitu- 
tion. The  next  file  is  substitute  for  Files  51  and  56.  As 
tive  department.  Final  reading  of  the  file.  The  question  is  on 
the  final  passage  of  the  substitute  for  Files  51  and  56.  As 
many  a&  are  of  the  opinion  that  the  substitute  do  pass  as  a 
part  of  the  constitution  will  say  aye;  those  of  the  contrary 
opinion  will  say  no.  The  secretary  will  call  the  roll. 

(Roll  call.) 

Gentlemen,  the  vote  on  the  substitute  is  as  follows:  Ayes, 
36;  absent,  13;  noes,  none.  By  your  vote  you  have  adopted  the 
substitute  for  Files  51  and  56  as  a  part  of  the  constitution. 
This  disposes  of  the  matters  on  the  general  file  for  final  pas- 
sage. 

Mr.  RINER.  I  move  that  the  file  in  relation  toi  the  judic- 
iary department,  as  reported  by  the  committee  of  the  whole  be 
considered  the  engrossed  file,  and  that  it  be  put  upon  its  final 
passage  this  afternoon.  I  do  this  for  the  reason  that  there  are 
a  number  of  gentlemen  here  who  are  interested  in  that  mat- 
ter, and  they  have  the  right  certainly  to  vote  upon  the  ques- 
tion, but  they  will  be  necessarily  absent  next  week. 

Mr.  BARROW.    Second  the  motion. 

Mr.  TESCHEMACHER.  The  engrossing  clerk  is  now  at 
work  on  that  bill. 


PROCEEDINGS  AND   DEBATES. 


515 


Mr.  RINER.  I  move  that  the  committee  on  engrossment 
be  requested  to  return  the  bill  to  the  house. 

Mr.  PRESIDENT.  It  is  moved  that  the  substitute  for  File 
No.  50  in  relation  to  the  judiciary  department,  be  taken  as  the 
engrossed  copy  and  finally  read  and  put  upon  its  passage,  and 
that  the  engrossment  committee  be  requested  to  return  the 
file  to  this  convention  at  once.  Are  you  ready  for  the  ques- 
tion? All  in  favor  of  the  motion  will  say  aye;  contrary  no.  The 
ayes  have  it ;  the  motion  prevails. 

Mr.  POTTER  When  this  substitute  conies  up  for  final  read- 
ing I  desire  to  say  I  will  have  some  amendments  to  offer. 

Mr.  TESCHEMACHER,  Mr.  President,  your  committee  No. 
19  beg  leave  to  return  File  No.  50  as  requested. 

Mr.  PRESIDENT.  Gentlemen,  the  file  is  now  before  you 
for  your  action.  Do  you  wish  to  have  it  read  finally,  or  sec- 
tion by  section,  or  call  for  sections  which  you  desire  to  amend? 

Mr.  POTTER.    I  desire  to  offer  an  amendment  to  Sec.  4. 

Mr.  PRESIDENT.  Sec.  4  may  be  read  and  the  gentleman 
may  offer  his  amendment.  I  desire,  before  there  is  any  amend- 
ment offered,  to  state  the  situation  as  to  this  file.  When  I 
come  to  recall  the  action  of  the  convention  the  motion  was  that 
the  file  be  called  up,  taken  as  the  engrossed  copy  and  finally 
read  and  put  upon  its  passage.  I  doubt  whether  under  that 
action  of  the  convention  it  is  open  to  amendment,  but  if  the 
convention  desires  to  have  it  that  way,  the  chair  is  willing  it 
should  be  so,  but  the  other  motion  would  seem  to  cut  all 
amendments  off. 

Mr.  POTTER,  The  amendment  I  have  to  offer  is  in  ref- 
erence to  the  supreme  court,  and  I  respectfully  ask  this  conven- 
tion to  consider  it.  If  this  amendment  is  carried  I  have  sev- 
eral others  to  make,  and  I  will  state  that  the  amendment  I 
propose  to  offer  will  change  this  entire  measure.  It  relates  to 
the  organization  of  the  supreme  court,  and  I  wish  to  state  'by 
way  of  personal  explanation,  that  these  amendments  are  in 
opposition  to  my  previous  record  in  voting  in  committee  of  the 
whole.  It  has  been  said  outside  of  the  convention  that  the  le- 
gal fraternity  had  created  this  measure,  that  the  others  had 
not  expressed  their  opinion  fully  on  the  matter,  and  that  there 
w^as  very  great  danger  if  this  bill  passed  as  it  Is  at  present, 
the  constitution  would  not  be  ratified  by  the  people,  largely  on 
this  account,  and  I  am  willing  to  waive  my  own  inclinations 
as  to  the  proper  organization  of  this  court,  because  I  believe 
that  the  most  material  thing  we  wish  is  the  ratification  of  the 
constitution.  The  substitute  I  desire  to  offer  for  Sec.  4  is  as 
follows:  'kThe  supreme  court  shall  consist  of  four  justices,  to 
be  district  judges,  and  their  terms  shall  be  six  years.'- 


CONSTITUTIONAL  CONVENTION. 

Mr.  B1RRITT.  I  would  like  to  ask  Mr.  P*otter  if  this  is  the 
best  form  for  a  supreme  court? 

Mr.  POTTER.  In  answer  to  Mr.  Burritt  I  would  state  that 
I  don't  believe  under  all  circumstances  it  is  the  best  form  for 
a  supreme  court,  but  as  I  said  before  we  are  going  before  the 
people  with  this  constitution.  I  am  informed  that  the  organi- 
zation of  a  supreme  court,  with  three  separate  and  distinct 
judges  from  those  of  the  district  court,  is  meeting  with  great 
opposition  in  all  parts  of  the  territory,  and  I  would  rather 
f rrego  having  a  supreme  court  than  not  have  a  state.  T  would 
rather  forego  having  a  supreme  court  as  we  have  adopted  in 
committee  of  the  whole,  than  to  have  our  constitution  fail  to 
be  ratified,  and  for  that  reason  I  offer  the  amendment. 

Mr.  BURRTTT.  I  presume,  Mr.  President,  it  is  within  the 
remembrance  of  every  gentleman  on  this  floor  that  the  gentle- 
man from  Laramie,  Mr.  Potter,  very  eloquently  the  other  day 
besought  this  convention  and  every  member  of  it  if  he  be  found 
occup3'ing  a  position  inconsistent,  that  he  did  not  believe  was 
right,  that  his  attention  be  called  to  it.  Therefore  in  all  friend- 
liness to  the  gentleman  from  Laramie  I  now  call  his  attention 
to  the  fact  that  he  is  inconsistent.  He  says  it  is  not  right,  and 
yet  for  policy  sake  he  desires  to  make  the  amendment. 

Mr.  POTTER.  I  wish  to  make  an  explanation  before  this 
is  discussed,  because  I  wish  to  say  that  this  cannot  be  dis- 
cussed in  my  judgment  until  I  explain  what  my  theory  is  in 
reference  to  it.  We  cannot  meet  the  whole  thing  at 
once.  I  have  here  further  amendments  providing  that 
the  legislature  may  provide  for  a  separate  supreme  court. 

Mr.  MORGAN.  I  jbelieve  that  the  best  possible  supreme 
court  is  an  independent  supreme  court.  I  am  willing,  however, 
to  change  my  mind  whenever  I  please  when  sufficient  reasons 
are  presented  to  me.  Now  the  proposition  of  the  gentleman 
from  Laramie  provides  that  for  six  years  there  shall  be  four 
judges,  who  shall  constitute  the  supreme  court.  Now  that  is 
better  than  the  method  we  have  heretofore  had.  Now  I  am 
satisfied  to  reverse  my  position  upon  this  matter,  because  I 
will  get  to  a  certain  extent  what  I  want  in  regard  to  it.  We 
cannot  expect  to  get  everything  all  at  once,  and  because  we 
take  part  of  what  we  want  is  no  abandonment  of  what  we 
reailly  desire  as  a  whole.  If  I  get  about  one-half  of  what  I 
want  I  am  pretty  well  satisfied.  Therefore  I  intend  to  sup- 
port Mr.  Potter's  amendment,  and  concede  to  the  opposition, 
who  are  afraid  of  this  supreme  court  business,  for  six  years, 
but  all  the  time  retaining  the  principle  upon  which  I  started 
out  that  a  separate  supreme  court  is  the  most  perfect  one. 

Mr.  CLARK.  For  several  days  I  have  been  sitting  still  in 
my  chair,  or  as  still  as  I  could  sit,  while  this  poor  little  supreme 
court  business  had  been  tossed  about  from  pillar 'to  post  in  this 


PROCEEDINGS  AND  DEBATES. 


5[7 


convention.  I  had  hoped  that  the  matter  was  finally  settled 
as  far  as  this  convention  was  concerned.  I  had  hoped  for  the 
reasons  so  eloquently  presented  by  Mr.  Potter,  from  Laramie, 
we  should  have  a  separate  supreme  court.  I  am  unable  to  see 
any  reason  to  change  my  conviction  from  the  'very  first,  that 
the  only  way  to  make  a  supreme  court  is  to  make  an  independ- 
ent supreme  court.  I  see  no  reason  why  the  gentleman  at  this 
late  date  is  converted,  unless  it  be  his  apparently  insane  desire 
to  make  amendments.  There  is  not  any  reason  which  he  pre- 
sented on  last  evening,  or  on  other  days  when  this  matter  was 
discussed,  not  on£  which  he  has  presented  but  has  equal  force 
at  this  time.  If  he  was  right  then,  if  he  was  honest,  he  is 
right  now,  I  came  here  to  try,  to  the  best  of  my  ability,  to 
serve  the  people  of  Wyoming.  I  cannot  serve  the  people  of 
Wyoming  to  the  best  of  my  ability  unless  I  ask  in  this  consti- 
tution such  a  provision  in  regard  to  the  courts  shall  be  pre- 
sented to  the  people  for  their  adoption  as  I  consider  the  best. 
I  will  not  vote  for  a  measure  in  this  convention  that  I  do  not 
think  is  the  best  on  that  proposition.  I  will  support  any  meas- 
ure that  is  adopted  by  the  convention,  but  I  will  not  give  my 
support  in  the  convention  and  as  a  member' of  the  convention 
to  a  proposition  that  I  do  not  consider  the  best,  and  I  ask  any 
of  the  gentlemen  of  this  convention,  I  ask  the  same  questions 
that  are  asked  by  the  gentlemen  from  Johnson,  is  the  propos- 
ed amendment,  striking  out  this  supreme  court,  would  it  be  the 
best  thing  for  the  people  of  the  territory  of  Wyoming?  I  be- 
lieve not,  and  as  I  started  I  will  finish,  I  believe  that  the  only 
supreme  court  is  an  independent  supreme  court. 

Mr.  HABVEY.  I  only  desire  to  express  my  astonishment 
at  this  new  method  of  framing  a  constitution.  This  matter  was 
brought  before  this  body,  we  deliberated  upon  it,  and  came  to 
a  decision.  Now  we  are  to  rush  out  upon  the  street  and  ascer- 
tain what  may  be  the  popular  idea,  and  come  back  and  alter 
our  convictions  of  right  and  justice.  I  deny  that  the  people  are 
opposed  to  a  supreme  court.  I  ask  authority  upon  this  sub- 
ject. Who  was  his  informant  that  the  territory  does  not  want 
an  independent  supreme  court?  There  has  been  some  opposi- 
tion to  it  in  this  convention,  but  the  opposition  in  this  conven- 
tion was  apparently  converted.  This  has  a  very  peculiar  aspect 
to  me.  I  am  astonished  at  this  sudden  change.  Why  was  it 
not  brought  up  before?  I  can  see  no  reason  for  changing  the 
course  already  taken  by  this  body.  I  am  astonished,  if  nothing 
else,  I  must  admit. 

Mr.  BARROW.  I  would  like  to  give  my  friend  one  good 
reason  why  the  supreme  court  as  made  by  the  suggestion  of 
Mr.  Potter  is  preferable.  The  onlv  argument  advanced  so  far, 
to  my  knowledge,  against  statehood,  is  the  matter  of  expense. 


518  CONSTITUTIONAL  CONVENTION. 

I  think  that  every  gentleman  in  this  hall  will  bear  nie  out  in 
saving  that  there  is  a  strong  opposition,  at  least  an  opposition 
worthy  of  consideration,  against  statehood  in  this  territory. 
The  question  of  expense  is  the  only  argument  they  have  to 
stand  on.  An  independent  supreme  court  strengthens  that  ar- 
gument, and  gives  them  something  to  argue  on.  If  we  can  save 
six  or  nine  thousand  dollars  by  the  method  proposed  by  Miv 
Potter,  we  destoy  absolutely  the  only  argument  against  state- 
hood. I  know  there  is  a  strong  feeling  in  this  matter  through- 
out the  territory.  I  learned  something  of  it  before  I  came  here 
and  more  since.  At  least  one  member  of  thi»  body  has  already 
left  for  his  home,  I  refer  to  Maj.  Baldwin,  muttering  threats 
against  the  action  of  this  convention  in  advocating  a  separate 
and  independent  supreme  court.  He  will  go  back  among  his 
people,  and  if  that  feeling  exists  in  Fremont  county,  he  will 
ferret  it  out  and  add  to  it.  I  don't  believe  that  any  man  will , 
say  that  a  supreme  court  consisting  of  four  judges,  three  to  sit 
on  a  case,  the  man  who  has  already  passed-  upon  the  question 
to  be  debarred,  is  nearly  as  effective  or  as  fair  in  the  adminis- 
tration of  justice  as  an  independent  supreme  court,  but  I  do 
believe  that  wre  must  consider  this  question  of  economy  if  we 
are  going  to  submit  a  constitution  to  the  people  of  this  terri- 
tory acceptable  to  them,  and  in  view  of  the  protest  that  has 
been  made,  I  think  the  only  wise  thing  for  this  convention  to 
do  is  to  accept  Mr.  Potter's  amendment. 

Mr.  HOYT.  I  believe  we  are  all  here  for  the  purpose  of  get- 
ting the  best  possible  result,  and  I  think  it  should  be  under- 
stood to  be  the  privilege  of  every  member  wrho  has  expressed  an 
opinion  upon  any  measure  brought  before  this  convention,  to 
consider  and  reconsider  and  to  hold  his  opinion  responsible  to 
none  but  the  people  who  have  sent  him  here,  to  the  very  mo- 
ment that  he  is  obliged  to  give  his  vote  upon  the  final  passage 
of  a  measure,  and  I  do  not  think  that  because  the  gentleman 
from  Laramie  had  one  opinion  yesterday,  and  has  another  to- 
day, in  viewr  of  all  the  circumstances  involved,  and  perhaps  all 
the  facts  were  not  before  his  mind  yesterday  to  Hie  full  ex- 
tent, should  be  called  inconsistent.  In  my  own  opinion  he  would 
be  more  inconsistent  to  vote  for  it  against  his  judgment.  I 
voted  last  night  in  favor  of  this  proposition,  not  however  with- 
out misgivings,  without  some  anxiety  of  mind  as  to  wrhether  we 
had  done  the  best  possible  thins:,  but  hoping  that  before  final 
action  was  taken  there  might  be  an  opportunity  to  correct 
errors  committed,  if  there  should  be  shown  to  be  any.  Am  I 
not  correct  in  this,  that  we  are  to  be  free  to  act.  so  long  as  we 
act  at  all,  and  to  call  no  one  inconsistent.  I  suported  this  meas- 
ure bora  use  I  believe  in  nn  independent  supreme  court,  I  be- 
lieve that  the  measure  as  it  has  been  adopted  by  the  commit- 


PROCEEDINGS  AND  DEBATES. 

tee  liere  is  a  wise  and  just  and  reasonable  measure.  I  believe  it 
will  promote  the  interests  of  justice  in  its  workings  out,  (but 
I  realize  as  does  the  gentleman  from  Laramie  today,  and  as 
did  our  friend  from  Laramie  yesterday,  I  realize  that  there  is 
another  consideration,  the  judgment  of  the  people  as  to  what 
is  wise,  and  best,  and  we  must  pay  some  deference  to  their 
wishes,  to  what  they  want  to  do,  and  accordingly  it  has  oc- 
curred to  me  to  prepare  an  amendment,  which  might  per- 
haps be  a  new  section  to  be  added  to  this  file,  unless  already 
anticipated  by  Mr.  Potter.  It  so  happens  that  I  did  not  clear- 
ly and  distinctly  hear  his  proposition  when  read.  First,  my 
conviction  is  that  the  measure  is  a  good  one,  we  shall  have 
a  supreme  court  as  soon  as  we  can  have  it,  and  second,  we  can 
afford  to  wait  for  it  as  a  concession  to  the  people  wrho  are  slav- 
ing in  these  hard  times,  and  who  feel  more  and  more  the  pres- 
sure of  circumstances,  and  they  will  therefore  consider  very 
carefully  the  amount  of  money  involved  in  this  statehood  prop- 
osition to  be  laid  before  them  with  our  constitution.  Having 
traveled  about  a  good  deal  I  know  that  the  question  in  many 
localities  is  a  grave  one  as  to  whether  it  is  wise  or  not,  the}' 
are  as  patriotic  as  ever,  as  much  desire  admission  as  we,  but 
they  think  it  a  mistake  to  apply  for  admission  now  on  account 
of  the  condition  of  the  territory,  and  that  it  will  increase 
taxation  too  much.  My  amendment  is  this:  "Until  the  valua- 
tion of  property  in  the  state  shall  equal millions 

of  dollars,  the  judges  of  the  supreme  court  provided  for  in  this 
article  shall  not  be  elected,  and  said  court  shall  not  be  organ- 
ized; upon  the  attainment  of  such  valuation  the  legislature 
shall  by  special  enactment  provide  for  the  election  of  such 
judges,  and  the  organization  of  said  court.  Meanwhile  the 
three  district  judges  provided  for  in  Sees.  10  and  13  inclusive 
of  this  article,  shall  constitute  the  supreme  court,  formed  and 
continued  as  the  supreme  court  has  been  formed  and  contin- 
ued, and  as  shall  be  prescribed  by  law."  This  allows  our  con- 
stitution to  stand  as  perfect  as  we  can  make  it,  with  an  inde- 
pendent supreme  court  in  it,  and  prepared  to  go  into  operation 
just  as  soon  as  the  state  can  afford  it,  and  we  can  in- 
duce the  people  to  ask  the  legislature  to  set  in  operation  the 
supreme  court. 

Mr.  RTNER.  T  have  sat  here  for  two  or  three  days  n.rid 
listened  with  considerable  interest  to  the  discussion  had  for 
the  last  two  days,  in  regard  to  this  supreme  court.  I  think  it 
is  pretty  well  understood  in  this  convention  wrhat  my  views 
are  on  that  question,  although  I  have  not  up  to  this  time 
found  it  necessary,  or  thought  it  necessary,  to  say  one  word, 
because  a  mere  statement  of  the  facts  to  an  intelligent  body  of 
men  seemed  to  me  to  take  away  all  necessity  for  argument, 


520  CONSTITUTIONAL  CONVENTION. 

upon  such  a  proposition.  I  take  it,  Mr.  President,  that  one  of 
the  principal  tilings  we  want,  if  we  are  going-  to  fae  a  state  at 
all,  is  to  take  us  out  of  this  objectionable  territorial  condition 
under  which  we  are  now.  I  say,  Mr.  President,  if  the  people 
of  this  territory  refuse  to  ratify  a  constitution  that  contains  all 
of  the  machinery,  and  the  proper  machinery,  and  I  may  say 
the  only  proper  machinery,  for  a  state  government,  let  us  re- 
main a  territory  until  they  are  willing  to  ratify  such  a  consti- 
tution. One  of  the  great  evils  of  a  territorial  government,  and 
it  is  conceded  by  men  who  take  the  opposite  view,  that  one  of 
the  evils  and  one  of  the  great  evils,  is  that;  our  people  are  de- 
prived of  their  right  of  appeal.  They  are  deprived  of  a  right 
which  they  are  entitled  to  have  so  as  to  have  their  property 
rights  protected,  to  have  their  rights  retried  by  three  impar- 
tial men  in  an  independent  supreme  court.  Now  it  is  argued 
here  that  with  these  judges,  by  allowing  one  to  go  off,  you 
would  have  comparatively  an  independent  supreme  court.  It 
is  apparent  to  every  intelligent  man  that  you  would  make  your 
court  worse  instead  of  better.  If  we  are  going  to  have  four 
judges,  let  us  have  them  all  on  the  bench,  so  that  when  I  have 
occasion  to  criticize  any  of  their  opinions  I  may  do  it  to  the 
man's  face  and  not  be  misrepresented.  I  say,  Mr.  President, 
that  it  is  to  the  credit  of  the  judges  of  the  district  court  to  say 
that  they  are  unfit  to  sit  in  the  supreme  court  on  their  own 
cases.  True,  in  the  hurry  of  a  trial,  a  judge  may  commit  er- 
rors, which  he  would  himself  be  glad  tot  correct.  But  in  that 
case,  when  there  is  filed  in  his  own  court  a  motion  for  a  new 
trial,  and  it  is  argued  by  counsel,  he  is  fully  informed  on  all 
the  facts,  and  if  he  is  a  man  fit  to  fill  his  position  he  will  not  re- 
verse himself  in  the  supreme  court.  I  say  to  you,  when  you 
say  our  people  are  not  deprived  of  the  light  of  appeal,  you  can- 
not go  into  the  supreme  court  without  at  least  the  judge  who 
tried  the  case  below  against  you.  It  is  a  compliment  to  that 
judge,  because  if  he  is  fit  to  fill  his  position  in  the  district 
court  he  will  be  against  you  in  the  supreme  court,  and  every- 
body knows  that  .  If  he  is  a  man  who  is  going  to  change  his 
opinions,  as  members  of  this  convention  do,  with  every  whiff 
of  the  wind,  then  I  say  get  him  out  of  the  district  court,  for  he 
isn't  fit  for  a  justice  of  the  peace.  I  don't  believe  this  thing 
that  the  people  of  this  territory  will  not  ratify  the  constitu- 
tion, if  we  frame  a  careful  constitution,  and  put  it  in  shape  to 
put  into  operation  a  full  and  complete  machinery  for  a  state 
government,  just  because  some  member  of  this  convention  says 
"I  don't  believe  in  a  supreme  court."  You  must  all  concede 
that  it  is  the  only  court  that  can  be  called  a  supreme  court  at 
all,  if  you  concede,  as  I  do,  Mr.  President,  that  the  judges  are 
honorable  men  and  competent  to  fill  their  places.  I  may  say, 


PROCEEDINGS  AND   DEBATES.  521 

as  some  others  have  said,  that  I  have  talked  with  the  people 
about  this  question,  and  I  go  about  this  territory  perhaps  as 
much  as  any  other  man  in  this  convention,  I  have  talked  with 
men  in  Sweetwater  county,  and  with  men  in  TJinta  county,  and 
I  don't  speak  of  those  men  who  have  property  rights  which 
must  be  passed  upon  by  the  courts,  I  have  talked  with  men  in 
Sheridan  county,  I  have  talked  with  men  in  Carbon  county, 
in  Albany  county,  and  men  in  Laramie  county,  and  I  find  that 
the  universal  sentiment  is  very  largely  in  favor  of  a 
supreme  court,  and  an  independent  supreme  court,  where  a 
man  knows  wiien  he  takes  his  case  into  court,  he  can  go  there 
and  get  full  and  impartial  justice.  Now  I  say  that  all  the  ar- 
gument and  the  only  argument  that  can  be  brought  against 
this  proposition  is  the  one  of  expense.  Here  we  prophesy  that 
we  are  to  be  a  great  state,  Mr.  President,  and  yet  the  argument 
is  used  here  that  because  a  supreme  court  is  going  to  cost  us 
six  thousand  dollars  a  year,  we  should  give  it  up.  We  expect 
to  be  a  great  state,  let  us  then  here  frame  a  constitution  which 
will  put  into  operation  full  and  complete  machinery  for  a  prop- 
er state  government,  and  I  believe  the  people  will  ratify  it  and 
gladly  ratify  it.  If  we  are  not  far  enough  advanced  to  do  that, 
let  us  remain  in  our  territorial  condition  until  we  are.  If  by 
statehood  we  are  not  to  better  our  condition,  let  us  remain  as 
we  are,  and  let  the  United  States  pay  for  our  judges.  That  is 
the  way  I  feel  upon  this  question,  and  if  six  thousand  dollars, 
Mr.  President,  is  to  prevent  the  people  of  this  territory  from 
ratifying  this  constitution,  then  I  say  let  them  vote  it  down 
before  we  ever  submit  to  such  an  amendment  as  suggested  (by 
Mr.  Potter.  He  himself,  as  a  lawyer,  concedes  that  the  princi- 
ple of  the  thing  is  wrrong,  and  he  is  honest  when  he  says  that, 
yet  for  policy's  sake  he  sacrifices  the  principle,  and  puts  us  in 
the  same  condition  1  hat  we  are  in  today,  when  the  purpose  of 
forming  this  constitution  is  to  get  us  out  of  that  condition  and 
to  better  ourselves.  If  we  are  to  sacrifice  principle  and  lay 
aside  everything  but  the  question  of  policy,  then  let  us  adjourn 
tonight  and  go  home.  We  are  not  here  for  that  purpose,  Mr. 
President,  we  are  here  for  the  purpose  of  framing  a  constitution 
and  preparing  all  of  the  machinery  for  a  proper  state  govern- 
ment, and  unless  we  can  do  that  and  do  it  from  principle,  let 
us  quit  at  once  and  go  home.  There  is  not  a  man  I  have  talk- 
ed with  that  is  opposed  to  this  entire  thing  but  what  says  J 
concede  the  supreme  court  is  the  best,  it  is  the  thing  that  ought 
to  be  done.  Why  deprive  them  of  the  right  of  appeal  for  six 
years?  If  it  is  wrong  today  it  is  wrong  every  day  that  it  ex- 
ists. You  say  that  the  principle  is  wrong,  yet  you  are  going  to 
deprive  the  people  of  this  territory  for  six  long  years  of  a  right 
which  vou  sav  thev  should  have,  I  think  when  this  convention 


522  CONSTITUTIONAL  CONVENTION. 

comes  to  consider  this  question  they  won't  change  their  view* 
from  those  expressed  here  in  committee  of  the  whole  last 
night. 

Mr.  HOLDEN.  I  do  not  care  to  discuss  this  question  for  the 
reason  that  this  matter  has  been  pretty  well  ventitlated  by  va- 
rious members  of  this  convention  already.  I  desire  to  offer  but 
a  single  remark.  Wlien  I  was  a  boy  I  remember  reading  a 
story  which  is  doubtless  familiar  to  all  the  members  of  this 
convention,  and  it  is  substantially  this.  On  one  hot  summer's 
day  an  old  gentleman  and  his  boy  started  across  the  plain. 
They  had  one  little  donkey,  and  as  it  was  impossible  for  them 
both  to  ride,  the  father  said  to  the  son :  "Boy,  you  are 
younger  than'  I  and  perhaps  you  won't  feel  the  effect  of  the 
burning  rays  of  the  summer's  sun  as  I  will,  so  I  will  ride  and 
you  can  walk."  In  this  wray  they  started  out,  and  they  had  not 
gone  a  great  ways  when  they  met  a  party  of  people,  and  they 
said,  "What  sort  of  a  father  are  you,  what  sort  of  affection  do 
you  have  for  your  children,  that  you  ride  along  at  your  ease, 
wnile  your  child  is  plodding  along  through  the  heat?"  The  old 
gentleman  reflected  a  moment,  and  said  to  his  boy,  "Well,  boy, 
perhaps  I  am  wrong,  you  get  on  and  ride,  and  I  will  walk.'r 
They  had  not  gone  far  in  this  Avay  when  they  met  another  par- 
ty and  they  said,  "What  sort  of  an  ungrateful  child  are  you  tot 
let  your  old  father  walk  along  through  this  burning  heat;  why 
don't  you  both  ride?"  Well  they  thought  perhaps  that  would! 
be  a  good  plan,  so  they  both  got  on  the  little  donkey,  and  they 
met  another  party  who  said,  "Why  don't  you  carry  the  little 
thing  instead  of  making  it  carry  you?"  So  they  tried  that  and 
found  that  didn't  suit  the  next  party.  Now  sir  there  is  a  mor- 
al to  be  learned  from  this  little  fable,  and  I  have  during  the 
entire  course  of  my  life  been  endeavoring  to  reduce  that  moral 
to  practice.  The  only  desire  I  have  upon  the  face  of  God's  earth 
is  to  know  I  am  right,  and  if  I  have  the  approval  of  my  own 
conscience,  feeling  that  I  have  the  approbation  of  my  Father 
in  Heaven,  I  tell  you,  gentlemen  of  the  convention,  I  don't  care 
if  all  the  people  in  the  universe  say  I  am  wrong.  I  did  not  come 
here,  sir,  for  the  purpose  of  pleasing  the  people  of  TTinta,  nor 
the  people  of  the  territory  of  Wyming,  I  am  here,  sir,  for  the 
express  purpose  of  framing  a  constitution  which  shall  be  right 
in  all  its  provisions.  I  believe,  sir,  that'the  principle  involved 
in  an  independent  supreme  court  isi  right,  and  rather  than  go 
into  the  union  without  an  independent  supreme  court,  as  the 
gentleman  has  just  remarked,  I  would  prefer  to  remain  in  a 
territorial  condition  until  we  can  come  in  with  it,  and  are  able 
to  set  up  business  on  my  own  account.  I  suppose  that  the 
cluiT^c  that  this  mf-asure  comes  from  the  bar  will  not  properly 
apply  to  me.  I  am  a  simple  ranchman  living  ninety  miles  from 


PROCEEDINGS  AND  DEBATES. 


523; 


the  county  seat,  simply  conducting  my  little  ranch  and  taking 
care  of  my  cattle  and  horses.  That  is  all  I  have  or  expect  to- 
have. 

Mr.  PRESTON.  Several  gentleman  in  this  convention  have 
made  some  bright  remarks  in  regard  to  the  necessity  of  a  su- 
preme court.  I  will  say  to  you,  gentlemen  of  the  convention,., 
that  had  I  known  that  this  question  was  coming  up  for  ar- 
gument this  afternoon,  in  order  to  lay  in  the  shade  everything 
that  has  been  said  why  we  should  have  a  separate  supreme 
court,  I  Avould  have  got  from  the  stenographer  a  copy  of  Mr. 
Potter's  speech  and  delivered  it  here  this  afternoon  upon  this 
question.  They  claim  that  we  should  not  have  a  supreme  court 
for  the  reason  that  the  people  of  the  state  of  Wyoming  will  be 
so  poor  that  they  cannot  pay  the  extra  expenses.  The  same 
gentlemen  who  have  advanced  that  idea  to  this  convention, 
when  the  proposition  was  presented  to  you  for  your  considera- 
tion to  reduce  the  erpenses  of  this  territory  of  AVyomirig,  by 
having  one  representative  on  the  floor  of  the  senate  from  every 
county  in  the  state  of  Wyoming,  asked  for  an  increase  of  sen- 
ators that  will  heap  upon  the  taxpayers  of  this  state  an  in- 
crease of  taxation  from  three  to  six  thousand  dollars  a  year, 
and  I  say  to  you,  gentlemen  of  the  convention,  that  the  state 
senate  is  no  comparison  to  the  importance  of  the  supreme 
court.  It  is  true  that  the  governor  of  the  state  and  the  other 
officials  of  the  state  are  of  some  importance  to  the  state,  but 
the  machinery  of  the  state  is  in  the  supreme  court,  and  unless 
the  machinery  of  the  state  and  the  policy  of  the  state  is  such 
as  will  administer  justice  to  all  alike,  then  I  say  to  you,  gentle- 
men of  the  convention,  as  Mr.  Einer  has  said,  let  us  adjourn 
and  go  home.  We  have  not  come  here,  as  I  said  last  night  on 
this  question,  for  the  purpose  of  considering  the  hobby  of  any 
man,  or  for  the  purpose  of  considering  the  hobby  of  any  politi- 
cian in  the  territory  of  Wyoming.  Now  it  is  claimed  that  if 
the  question  of  an  independent  supreme  court  is  embodied  in 
the  constitution  of  this  territory  that  the  people  will  vote  down 
this  constitution.  As  it  has  been  already  inquired,  I  would  like 
to  know  where  this  authority  comes  from.  It  has  been  said  in* 
this  convention  that  Maj.  P>aldwin  left  this  convention  simply 
because  they  had  decided  to  have  an  independent  supreme 
court,  I  simply  say  to  you,  gentlemen  of  the  convention,  that 
the  gentleman  who  made  that  statement  has  simply  been  mis- 
informed. It  is  true  that  the  major  did  object  to  an  independ- 
ent supreme  court,  and  there  are  many  other  things  that  the 
major  thought  are  inexpedient,  but  that  is  not  the  reason  he 
left  the  convention.  It  wras  simply  for  the  reason  that  import- 
ant business  called  him  home,  business  that  he  could  not 
avoid  going  there  to  look  after. 


CONSTITUTIONAL  CONVENTION. 

Mr.  HOLDEN.  Maj.  Baldwin  told  me  this  morning  that 
he  thought  the  principle  was  right,  that  we  ought  to  have  an 
independent  supreme  court. 

Mr.  PRESTON.  Now  then,  gentlemen  of  the  convention, 
if  the  rights  of  the  people  of  Wyoming,  if  the  rights  of  those 
who  are  compelled  to  go  into  litigation,  is  to  be  jeopardized  by 
wiping  out  of  this  constitution  one  of  the  most  important  ele- 
ments, one  of  the  most  important  principles  of  a  state  govern- 
ment, then  I  will  say  to  you,  gentlemen  of  the  convention,  that 
you  are  mistaken  if  you  think  that  the  people  are  going  to 
support  a  constitution  that  will  jeopardize  their  rights  and 
their  interests.  What  does  the  amendment  mean,  and  more 
particularly  what  does  the  gentleman  mean  when  he  intro- 
duces the  amendments? 

Mr.  POTTER.    None  of  your  business. 

Mr.  PRESTON.  Perhaps  it  is  none  of  my  business,  but  I 
have  the  right  to  inquire  what  is  meant  by  the  introduction 
of  the  amendment.  It  means  this,  that  instead  of  having  three 
supreme  judges  in  this  state,  that  it  is  to  be  divided  into  four 
districts,  making  four  judges  in  all,  and  all  this  constitution 
has  asked  for  is  six  judges,  just  two  more  than  is  provided  by 
the  gentleman's  amendment.  One  more  judge  that  it  will  take 
the  same  salary  to  pay,  the  additional  judge  in  this  additional 
district,  that  it  will  take  to  pay  one  of  the  supreme  judges. 
Now  then  there  Avill  be  two  more  supreme  judges  in  an  inde- 
pendent supreme  court,  and  they  have  got  to  be  paid  for  by 
the  people  of  the  state  of  Wyoming,  and  that  will  amount  to 
six  thousand  dollars.  Now  I  ask  you,  gentlemen  of  the  conven- 
tion, that  if  out  of  one  or  two  hundred  cases  there  will  be 
scarcely  one  case  that  will  go  to  the  supreme  court,  unless  there 
is  a  sum  equal  to  the  salary  of  the  supreme  court,  involved? 
And  I  want  to  ask  you  further,  is  there  any  man,  who  if  com- 
pelled to  litigate  for  his  rights,  if  he  goes  into  court  to.  litigate, 
and  while  in  that  court  his  rights  are  jeopardized,  a  decision 
is  procured  that  is  detrimental  to  his  interests,  a  decision  that 
is  wrong,  a  decision  that  an  independent  supreme  court  might 
reverse,  I  want  to  ask  you  if  a  single  man  in  that  position 
cares  to  go  to  a  supreme  court  where  he  will  find  the  gov- 
ernment jack  knives  in  him? 

I  say  to  you,  Mr.  President  and  gentlemen  of  the  conven- 
tion, that  so  far  as  the  pitiful  sum  of  six  thousand  dollars  is 
concerned,  it  is  absurd  to  ask  the  people  of  this  territory,  to 
this  convention,  to  wipe  out  of  the  constitution,  an  independ- 
ent supreme  court,  simply  upon  a  protest  that  conies  from  you 
•don't  know  where. 

Mr.  CAMPBELL.  It  will  be  remembered  that  when  this 
matter  was  up  last  Monday  I  spoke  upon  the  question,  and  have 


PROCEEDINGS  AND  DEBATES. 


525. 


kept  quiet  ever  since.  Now  I  am  in  favor  of  a  supreme  court 
from  conviction,  yet  at  the  same  time  if  we  cannot  get  into 
the  union  as  a  state  without  abandoning  an  independent  su- 
preme court,  I  am  in  favor  of  abandoning  a  supreme  court. 
But  I  don't  think  it  will  be  necessary.  I  don't  believe  that 
the  people  of  this  territory  are  so  bigoted,  so  stingy,  that  they 
will  refuse  to  ratify  this  constitution  and  ask  for  admission  to 
the  union,  simply  because  of  this  matter  of  six  thousand  dol- 
lars. I  have  much  mistaken  their  temper  and  liberality  if 
that  is  the  fact,  and  I  wrill  be  very  sorry  to  learn  that  that  is 
the  fact.  Now  the  judiciary  committee  last  Monday  brought 
in  and  asked  as  a  special  favor  that  the  convention  should  de- 
cide then  whether  or  not  we  should  have  an  independent  su- 
preme court.  After  some  discussion  participated  in  by  those 
in  favor  and  against  it,  it  was  decided  by  this  convention  that 
we  should  have  an  independent  supreme  court.  This  commit- 
tee was  then  ready  to  report  a  scheme  for  the  courts  of  this 
territory.  They  formulated  their  report  upon  that  basis,  and 
very  much  to  the  surprise  of  this  committee,  last  evening  that 
question  was  opened  up  again,  and  decided  again.  Now  I  mere- 
ly wish  to  say,  Mr.  President,  that  if  this  amendment  of  Mr. 
Potter's  is  to  be  considered  in  this  convention,  then  I  say  that 
this  whole  matter  should  be  referred  back  to  the  judiciary  com- 
mittee. As  I  say,  this  amendment  conflicts  with  the  whole 
scheme  of  this  bill,  and  it  will  be  necessary  to  refer  it  back  to 
the  judiciary  committee  so  as  to  make  the  necessary  altera- 
tions. We  shall  have  to  have  county  courts,  because  they  will 
be  some  proptection,  to  the  people,  and  if  you  have  county 
courts,  you  will  have  to  have  a  judge  in  each  county,  and  it  will 
be  much  more  expensive  than  an  independent  supreme  court. 
I  shall  vote  first,  last  and  always  for  an  independent  supreme- 
court. 

Mv.  BAXTER.  I  have  taken  occasion  once  or  twice  to  ex- 
press my  opinion  upon  this  question,  and  I  have  seen  no  reason 
as  yet  to  change  it.  I  believe  that  an  independent  supreme 
coiirt  is  as  essential  to  the  proper  administration  of  the  af- 
fairs of  this  state  as  any  provision  we  can  insert  in  the  consti- 
tution. I  just  want  to  make  one  remark  touching  upon  the 
fear  that  some  of  the  gentlemen  here  seem  to  have,  that  this 
proposition  is  going  to  be  defeated.  They_  seem  to  be  afraid 
the  people  won't  ratify  it,  and  I  am  induced  to  give  point  to 
it,  as  Mr.  Holden  has,  by  a  little  story  I  once  heard.  I  once 
heard  of  an  old  lady,  who  was  asked  by  a  friend  of  hers,  what 
she  thought  of  Mr.  IngersolPs  views.  She  said  she  had  never 
heard  of  Mr.  Ingersoll.  Well,  said  her  friend,  he  lectured  here 
recently,  and  he  says  the  Bible  is  not  true.  What,  says  the 
Gfld  lady,  he  says  the  Bible  is  not  true?  He  says  there  is  no 


CONSTITUTIONAL  CONVENTION. 

God?  What,  says  the  old  lady,  he  says  there  is  no  God?  In  ad- 
dition to  that  her  friend  continued:  He  says  there  is  no  hell. 
With  that  the  old  lady  sprang  from  her  chair,  "What,"  she 
exclaimed,  ''lie  says  there  is  no  hell,  does  he?  Well,  he'll  see; 
3ie'll  see."  And  I  think  we  will  see  whether  the  people  will  en- 
dorse this  proposition  or  not.  I  believe  the  people  will  have  it, 
they  understand  the  importance  of  a  supreme  court  and  are  go- 
ing to  protect  their  interests  properly. 

Mr.  CLARK.  It  makes  no  difference  to  me  in  my  vote  upoa 
.this  proposition  whether  Maj.  Baldwin  holds  to  the  opinion 
that  we  should  have  a  supreme  court  or  not,  and  I  take  it  that 
his  opinion  alone  would  not  decide  what  would  be  the  proper 
course  for  this  convention  to  pursue.  Now  I  want  to  ask  this 
convention  whether  they  want  to  give  up  an  independent  su- 
preme court  simply  because  they  think  they  can  buy  justice  a 
little  cheaper? 

Mr.  POTTER.  Let  me  say  first  that  I  don't  believe  it  is  a 
very  good  argument  against- a  measure  to  reflect  upon  the  mo- 
tives of  the  person  who  presented  it,  and  it  makes  no  difference 
to  me  whether  every  member  upon  this  floor  is  surprised,  is  as- 
tonished at  my  action.  I  always  do  what  I  consider  right;  I 
may  be  mistaken  in  my  notions  of  what  is  right,  but  they  are 
.honest  so  far  as  my  motives  are  concerned.  Now  as  to  what 
I  said  the  other  day  that  if  I  was  inconsistent,  let  any  one  call 
my  attention  to  it,  what  I  said  was  that  if  I  voted  upon  this 
floor  for  anything  that  was  not  consistent  with  the  equality  of 
.all  men,  then  call  niy  attention  to  that  vote,  and  I  will  change 
it.  That  is  what  I  said,  and  I  still  insist  upon  it.  Now  then  I 
offered  this  amendment  at  the  request  of  a  member  of  this 
convention,  who  is  perhaps  too  modest  to  get  up  here  and  make 
an  amendment  of  this  kind.  I  also  offered  it  because  it  has 
been  stated  here  that  just  as  soon  as  this  question  was  brought 
up  here,  the  lawyers  got  up  and  occupied  all  the  time,  and  that 
everyone  seemed  to  be  afraid  to  oppose  this  measure,  and  al- 
though they  talked  outside  in  opposition  to  it,  when  they  came 
to  the  point,  no  one  opposed  it,  and  I  want  to  say  just  now  that 
thev  don't  deserve  any  reperesentative  on  this  floor.  The  very 
persons  who  have  talked  with  me  about  this  matter  have  been 
as  still  as  mice  during  the  discussion  and  passage  of  this  bill, 
and  it  almost  makes  me  feel  like  voting  against  my  own  amend- 
ment. I  would  vote  in  a  minute  for  a  supreme  court  in  prefer- 
ence to  a  county  court,  if  you  are  going  to  have  county  courts, 
they  will  be  much  more  expensive  and  not  nearly  so  efficient. 
As  I  say,  it  has  come  to  my  recent  knowledge,  I  may  have  been 
misinformed,  but  it  has  been  stated  to  me  very  strongly  by 
those  who  pretend  to  know,  that  the  people  of  this  territory 
had  considered  this  matter,  and  were  strongly  opposed  to  an 


PROCEEDINGS  AND  DEBATES.  527 

Independent  supreme  court.  Now  then  I  prefer  statehood  with 
•a  supreme  court  as  mentioned  in  this  amend ment,  rather  than 
remain  a  territory,  although  some  of  the  other*  would  not.  I 
don't  consider  an  independent  supreme  court  all  we  are  after 
in  becoming  a  state.  I  consider  there  are  other  material  ad- 
vantages we  would  get  with  statehood  that  would  outweigh 
the  difficulties  we  would  have  in  a  supreme  court  as  suggested 
an  my  amendment.  Treat  me  fairly  in  this  matter  and  don't 
mistake  my  intentions,  or  motives,  or  my  ideas  of  these  things. 
In  the  first  place  I  have  never  made  a  speech  on  this  question 
•except  once,  and  that  was  one  day  when  the  judiciary  commit- 
tee asked  leave  to  submit  their  proposition,  and  I  don't  think 
.any  eloquent  speech  that  I  made  at  that  time  can  be  quoted 
•as  against  my  amendment,  for  all  I  said  then,  and  the  judic- 
iary committee  will  bear  me  out,  in  what  I  said  in  committee 
meeting,  that  while  T  was  in  favor  of  a  separate  supreme  court 
that  I  was  afraid  that  the  people  would  not  ratify  it,  and  Mr. 
Harvey  and  I  talked  it  over  together,  and  we  thought  it  a 
very  important  matter  as  he  will  agree  with  me,  and  we  botli 
went  into  the  committee  room  writh  fear.  While  we  both  want- 
ed an  independent  supreme  court,  we  were  afraid  that  the 
people  would  not  ratify  it.  I  stand  now  just  where  I  did  when 
this  matter  was  first  before  this  convention,  I  am  in  favor  of 
4in  independent  supreme  court  if  we  can  have  it,  but  if  we  can't 
why  let  us  have  the  next  best  thing. 

Mr.  BUKRITT.  Mr.  Potter  seems  to  construe  my  remark  as 
^,  reflection  upon  his  motives,  there  was  nothing  further  from 
my  mind  than  that.  I  had  no  intention  of  casting  any  reflec- 
tions upon  Mr.  Potter  whatever. 

Mr.  COFFEEN.  The  rebuke  that  has  been  administered  to 
those  who  voted  against  an  independent  supreme  court  is  some- 
what just,  but  there  are  however  extenuating  circumstances. 
IJiave  seen  one  man  after  another  get  up  here  on  this  floor 
-and  instead  of  making  arguments  against  the  gentleman's 
amendment,  have  simply  questioned  his  motives,  and  1  have 
with  great  difficulty  remained  quiet,  but  it  was  difficult  to  get 
the  floor  without  interrupting  the  eloquence  of  the  gentlemen 
"here,  and  I  wish  to  express  my  appreciation  of  the  courtesy 
of  the  gentleman  from  Laramie  who  understands  the  exigen- 
cies of  the  situation,  and  who  has  done  his  simple  duty  in  of- 
fering an  amendment  here  on  behalf  of  those  who  are  opposed 
to  the  present  establishment  of  a  supreme  court,  separate  from 
the  one  to  be  derived  out  of  the  four  district  judges.  Xow  I, 
whether  fortunately  or  unfortunately,  among  those  wTho  do  oc- 
casionally and  when  reason  is  presented  to  me,  change  my  mind 
I  am  among  those  who  can  be  convinced.  I  have  heard  of 
those  who  cannot  be.  There  are  some  here  who  will  not  be  con- 


528  CONSTITUTIONAL  CONVENTION 

vinced  and  will  do  what  they  can  to  prevent  others  who  can  be 
convinced  from  seeing  this  matter  in  the  proper  light.  I  spoke 
on  this  question  yesterday,  and  I  regret  exceedingly  that  we 
have  not  had  more  support  in  the  way  of  addresses  and  speech- 
es on  behalf  of  the  non-professional  element.  I  have  no  charge 
to  make  against  the  legal  fraternity  in  this  convention,  but  we 
must  bear  in  mind  that  there  is  another  side,  I  do  not  deny  the 
force  of  the  argument  in  favor  of  a  separate  supreme  court, 
but  if  it  is  going  to  deprive  you  of  the  very  hope  of  statehood 
then  I  think  you  are  going  a  little  further  than  good  judgment 
would  require,  or  justify.  Statesmanship,  gentlemen,  as  I  ap- 
prehend it,  does  not  consist  in  pursuing  one  point  which  you 
believe  is  important,  and  which  if  you  cannot  carry  out,  brings 
destruction  to  all  that  is  good.  Statesmanship  has  a  regard 
for  the  circumstances  which  surround  the  people  for  whom  yoir 
are  exerting  your  efforts  in  a  representative  body.  I  know  the 
circumstances  surrounding  the  people  whom  I  represent  here, 
and  if  the  means  were  sufficient,  if  the  state  was  higher,  fur- 
ther along  in  her  development,  it  might  be  best  to  ha>e  a  sep- 
arate supreme  court.  But  I  insist,  taking  the  territory  in  its 
present  condition,  taking  that  as  a  standard,  I  believe  it  a 
greater  and  more  weighty  reason  for  supporting  this  amend- 
ment that  there  is  in  going  against  it.  This  amendment  pro- 
vides that  in  a  certain  time  we  hope  toi  be  able  and  in  shape- 
to  have  a  separate  supreme  court,  and  as  soon  as  we  can  afford 
to  have  a  separate  supreme  court,  we  shall  have  it,  and  I  tell 
you,  gentlemen,  that  six  thousand  dollars  a  year  is  a  pretty 
heavy  expense  to  ask  the  people  to  endorse  you  in  putting  upon 
them. 

Mr.  MORGAN.  The  motives  by  which  a  man  is  governed  in 
his  actions  in  a  given  direction  should  be  judged  by  that  man's 
character,  by  what  people  know  of  him,  honestly  or  dishonest- 
ly. To  attempt  in  a  convention  like  this  to  impugn  a  members 
motives  is  not  the  act  of  a  prudent  or  a  wise  man.  It  was  an 
attempt,  a  sorry  attempt,  to  use  the  whip  to  drive  members  in- 
a  certain  direction.  Aside  from  the  danger  of  endangering  the 
ratification  of  this  constitution,  if  such  opposition  exists,  as  has- 
been  stated  upon  this  floor,  I  am  afraid  that  we  are  not  able 
as  taxpayers  to  stand  the  extra  expense  of  this  independent 
supreme  court.  In  this  bill  we  have  fixed  the  very  economical 
sum  of  twenty-five  hundred  dollars  as  the  compensation  of  a 
supreme  court  judge,  and  we  do  not  dare  to  put  it  any  higher. 
We  knew  to  do  it  was  to  endanger  the  ratification  of  this  con- 
stitution, and  upon  that  very  argument  we  refused  to  establish 
offices  which  we  knew  ourselves  could  not  be  compensated  as 
we  knew  they  ought  to  be  compensated.  As  to  the  popularity 
or  unpopularity  of  this  measure,  I  have-  been-  informed  that 


PROCEEDINGS  AND  DEBATES. 


529 


some  members  who  are  in  favor  of  this  amendment  and  opposed 
to  this  idea  of  an  independent  supreme  court  have  circulated 
that  report.  Mr.  Chairman,  there  are  measures  which  I  would 
dearly  love  to  see  in  this  constitution,  but  I  would  not  insert 
those  measures  even  by  the  unanimous  vote  of  this  convention 
because  I  believe  that  the  people  of  the  territory  are  not  ready 
for  those  measures.  I  believe  it  would  be  destructive  to  the 
ratification  of  this  constitution.  There  are  so  many  things 
which  I  would  like  to  see  in  this  constitution  which  would  be 
*vise  and  pertinent  in  the  way  of  progress,  but  I  would  rather 
deprive  myself  of  something  I  desire  than  jeopardize  the  ra ti- 
nea tion  of  this  constitution.  Again,  the  plea  is  always  made 
that  it  is  only  six  thousand  dollars,  only  a  trifle,  but  you  must 
bear  in  mind  that  with  every  office  created  in  this  constitution 
H  will  require  an  expenditure  of  an  additional  amount,  and 
when  you  come  to  take  the  aggregate  of  all  these  trifling 
amounts,  you  will  find  that  it  wrill  amount  to  considerable.  It 
seems  to  me  that  Mr.  Potter's  amendment  will  answer  all  pur- 
poses for  the  present,  and  when  Ave  are  able  to  establish  a  sep- 
arate supreme  court  we  can  do  so. 

Mr.  HOLDEN.  I  want  to  make  this  statement.  Since  this 
convention  has  been  in  session  I  have  had  no  opportunity  of 
talking  with  the  people  of  ITinta  county,  but  my  colleague,  Mr. 
'Jbu'k,  has  but  recently,  within  the  last  two  or  three  days,  re- 
cur ned  from  the  county  seat  of  ITinta  county,  where  court  has 
been  in  session  since  the  morning  upon  which  this  convention 
convened.  At  that  court  the  leading  men  of  ihe  county  were 
doubtless  present,  as  they  always  are.  I  would  like  to  ask  him 
whether  any  one  of  the  citizens  there  raised  a  single  objection 
to  this  measure?  (Clark:  They  did  not.) 

Mr.  HOLDEN.  When  I  quoted  to  him  my  opinion,  the  re- 
mark which  the  daily  newspapers  here  credit  me  with,  namely: 
"That  the  people  of  ITinta  county  would  prefer  to  remain  in  a 
territorial  condition  throughout  the  endless  cycles  of  time  than 
to  surrender  the  right  of  the  women  of  the  territory  to  vote," 
he  said  I  had  voiced  their  opinion.  And  he  added  that  they 
would  ratify  no  constitution  which  this  convention  might  make 
wrhich  in  any  way  interf erred  with  their  rights. 

Mr.  HOYT.  •  I  am  not  sorry  that  we  have  spent  an  hour  or 
more  upon  this  matter,  because  I  deem  it  very  important.  That 
man  is  consistent  Avho  stands  by  his  own  convictions.  Those 
convictions  should  change  when  right  demands.  I  was  aston- 
ished at  some  of  the  remarks  made  here  this  afternoon.  I  wish 
to  say  now  simply  that  if  it  can  be  proven  that  the  courts  of 
Wyoming  are  today  damnable,  then  I  am  willing  to  join  hands 
to  get  rid  of  them  and  establish  a  better  form  of  court  than 
we  have  now,  if  the  condition  of  things  be  such  as  stated  by 
—  34 


53° 


CONSTITUTIONAL  CONVENTION. 


the  gentlemen  who  have  most  to  do  with  the  courts.  I  have 
nothing  to  do  with  them.  Justice  is  of  the  utmost  importance 
to  a  free  people,  and  no  government  can  be  respected  in  which 
justice  is  not  supreme,  and  so  I  say  that  if  our  courts  are  such 
that,  justice  cannot  be  meted  out  to  these  people  then  I  am  wil- 
ling to  go  hand  in  hand  with  you  and  establish  a  separate  su- 
preme court,  and  take  the  responsibility  of  the  extra  five,  or 
ten,  or  fifteen  thousand  dollars  that  may  be  necessary  to  se- 
cure justice,  and  I  will  support  that  measure  and  go  before  the 
people  and  support  the  action  of  the  convention. 

Mr.  BKOWN.  I  feel  that  this  convention  is  perhaps  upon 
the  verge  of  a  calami ty  or  I  should  not  open  my  mouth  upon 
this  question.  Something  has  been  said  about  people's  chang- 
ing their  minds,  I  care  nothing  about  that,  -  I  heard  a  man  say 
once  he  didn't  know  which  was  the  biggest  fool,  the  man  who 
changed  too  often  or  the  man  who  didn't  change  at  all.  Now, 
my  inclination  is  to  the  belief  that  the  man  who  can  never 
change  is  the  biggest  fool  of  the  two.  Now  that  is  all  I  have  to 
say  on  that  question.  Now  as  to  this  matter  of  a  supreme  court. 
I  believe  every  man  in  this  convention  wants  to  do  his  whole 
duty,  and  to  do  what  seems  best  and  will  be  best  for  the  young 
commonwealth.  The  only  question  writh  any  of  us  is  as  to  what 
is  best,  and  in  order  to  determine  that  question  we  are  not  to 
go  out  upon  the  highways  and  byways  and  consult  politicians 
as  to  what  they  think  about  it,  we  are  not  to  consult  Tom,  Dick 
and  Harry,  but  we  are  to  determine  this  question  upon  its  real 
merits,  each  and  everyone  for  ourselves,  and  on  our  best  judg- 
ment. Now  what  is  the  argument  that  has  been  presented 
against  an  independent  supreme  court,  or  against*  the  measure 
which  has  been  reported  here  as  it  now  stands  before  this  con- 
vention. They  say  we  must  change  it  on  the  ground  of  economy. 
I  can  say  to  you,  gentlemen  of  the  convention,  that  on  the 
ground  of  economy,  the  way  the  courts  are  now  constituted 
under  this  proposition,  that  they  are  more  cheaply  constituted 
than  ever  before  in  the  history  of  Wyoming  territory.  There  is 
no  question  about  this;  what  do  we  do?  We  wipe  out  at  one 
stroke  the  expense  of  probate  courts  in  every  county  in  the  ter- 
ritory, and  for  these  courts,  probate  courts,  that  cost  from 
five  hundred  to  a  thousand  dollars  each  in  every  county  in  the 
territory,  we  substitute  a  district  court,  that  takes  all  the  busi- 
ness of  the  probate  courts.  Here  is  one  step  toward  economy  in 
the  expenses  of  the  courts  of  the  new  state.  Now  taking 
these  ten  probate  courts  and  adding  together  the  expenses  of 
each  one,  as  many  as  there  are  counties  in  the  territory,  and 
the  expense  of  maintaining  them  largely  exceeds  the  expense 
of  an  independent  supreme  court  as  proposed  in  the  constitu- 
tion of  the  new  state.  So  then,  if  you  object  to  this  measure 


PROCEEDINGS  AND   DEBATES. 


531 


>on  the  ground  of  economy,  you  are  in  the  wrong  and  not  in  the 
right.  It  is  stated  that  this  matter  of  an  independent  supreme 
<court  is  unpopular  with  the  people.  I  tell  you,  gentlemen  of  the 
convention,  if  by  any  accident  you  overcome  this  proposition  for 
a  supreme  court,  that  any  constitution  that  you  present  to  the 
people,  with  its  mongrel  court,  is  in  danger,  and  don't  you  for- 
get that  for  a  moment.  I  know  of  men,  lawyers  and  laymen, 
who  will  go  out  among  the  people  of  this  territory,  and  from 
the  instant  your  constitution  is  completed  until  the  people  shall 
vote  upon  its  adoption,  who  will  work  to  defeat  any  constitu- 
tion that  deprives  the  people  of  this  new  state  of  this  one  ele- 
ment of  justice,  and  when  you  take  from  them  a  supreme 
•court  you  are  denying  justice  to  the  people,  and  Uiis  is  the  prop- 
osition you  have  got  to  meet,  and  if  there  is  any  danger  for 
the  constitution  you  propose  giving  them,,  the  danger  lies  in 
adopting  a  mongrel  court,  not  from  adopting  an  independent  su- 
preme court  as  a  part  of  the  constitution.  Some  gentlemen  say 
we  want  a  state  government  wThether  we  have  a  supreme  court 
or  not,  others  say  we  never  want  a  state  government  if  a  su- 
preme court  is  denied  to  us.  It  does  not  matter  how  we  may 
view  this  question,  we  wish  the  people  to  say,  and  I  am  Avil- 
ling  to  trust  this  matter  to  the  people  of  Wyoming.  Ever  since 
the  days  of  the  Magna  Charta  and  the  time  when  the  Anglo- 
Saxon  people  resisted  the  government,  justice  has  been  the  rul- 
ing trait  of  the  English  speaking  people  from  that  day  down 
to  the  present,  and  when  you  say  that  you  will  place  your  form 
of  government  above  this  question  of  justice,  you  are  refuting 
the  tradition  of  the  race,  and  trrning  backward  to  the  days  of 
"barbarism.  Shall  we  do  tills  then?  I  tell  you,  gentlemen  of  the 
convention,  if  you  are  going  to  seize  justice  by  the  throat,  be- 
cause it  will  cost  the  people  of  this  territory  the  pitiful  sum  of 
-six  thousand  dollars,  then  you  had  better  wipe  out  any  thought 
<of  a  state  government  for  them.  The  people  of  Wyoming  are 
not  willing  to  sacrifice  justice  for  this  trifling  sum  of  six  thous- 
•and  dollars,  and  I  tell  you,  if  they  are  willing,  I  should  think 
they  were  like  Esau,  of  old,  selling  their  birthright  for  a  mess 
•of  pottage  and  I  would  not  have  much  respect  for  a  people  that 
would  take  that  course.  Don't  sell  justice  for  the  paltry  sum  of 
six  thousand  dollars  a  year,  I  beg  of  you. 

Mr.  SMITH.  There  has  been  so  much  said  here  that  I  did 
not  think  I  would  say  anything,  and  yet  I  don't  think  there  is 
a  gentlemen  on  this  floor  but  realizes  that  this  is  the  most  im- 
portant question  that  can  come  before  this  convention,  or  that 
can  come  before  the  people  of  Wyoming  territory,  or  of  the 
state  of  Wyoming.  The  prime  argument,  the  fundamental  rea- 
son, why  the  people  of  Wyoming  territory  want  a  state  is  be- 
cause, under  the  present  administration,  or  present  form  of  gov- 


532  CONSTITUTIONAL  CONVENTION. 

eminent,  they  :uv  deprived  of  what  we  call  their  right  of  ap- 
peal. That  is  the  principal  thing.  It  is  true  there  are  several 
arguments  why  we  should  be  a  state.  One  is  a  matter  of  senti- 
ment. 1  would  like  to  vote  for  president.  I  should  like  to  have 
something  to  say  about  who  shall  govern  this  national  govern- 
ment. That  is  one  reason,  but  that  is  a  mere  matter  of  senti- 
ment. Then  again,  we  would  like  to  have  something  to  say 
about  the  persons  who  are  going  to  rule  over  us,  and  to  be  sure 
that  they  are  people  who  are  residents  of  this  territory.  That 
is  another  arnum^nt.  But  the  main  reason  that  we  ask  for 
statehood  is  because  we  want  a  government  in  which  the  laws 
can  be  administered  in  a  way  so  that  we  can  get  justice,  and 
I  say  now,  and  I  say  it  without  any  doubt  about  what  I  am  say- 
ing at  all,  if  you  go  before  the  people  with  this  mongrel  form  of 
court,  they  wall  vote  down  the  constitution,  and  you  cannot 
blame  them.  The  idea  that  the  people  will  support  any  kind 
of  a  constitution  I  believe  is  a  mistake;  I  believe  they  are  hon- 
est and  will  act  upon  their  convictions.  I  have  no  fault  to  find 
with  a  man's  changing  his  mind,  if  he  does  it  honestly.  I  tell 
you,  gentlemen,  what  you  know  and  I  know,  that  the  men  this 
territory  is  made  of  are  men  who  act  from  principle.  They  will 
support  a  measure  if  they  believe  it  is  right,  and  for  the  best 
good  of  the  government,  'but  when  it  comes  to  ringing  in  courts 
of  incompetency,  I  tell  you  the  people  will  not  support  it,  but 
if  you  give  them  an  independent  court,  a  court  that  wrill  admin- 
ister the  laws  without  interference,  without  logrolling,  they 
will ,  vote  for  it,  nineteen  out  of  twenty,  but  if  you  take  that 
away  from  your  constitution  they  will  not  adopt  it,  and  you  can- 
not wonder  at  it. 

Mr.  HAY.  I  have  not  said  anything  upon  this  subject  and 
don't  intend  to  say  much  now.  It  seems  to  me  there  is  a  good 
deal  of  talk  here  that  is  altogether  unnecessary  and  does  not 
apply  to  the  question.  This  is  only  ( a  question  of  five  or  six 
years.  It  certainly  is  a  conservative  measure.  We  are  not  sur- 
rendering the  idea  of  a  supreme  court  for  all  time  to  come,  and 
it  strikes  me  that  our  conservative  action  in  that  direction  will 
please  the  people,  and  it  seems  reasonable  to  me  that  this 
amendment  offered  by  Mr.  Potter  should  go  through,  and  should 
be  adopted  by  this  convention. 

Mr.  RINEK.  It  would  be  like  a  confession  to  congress  that 
we  are  not  ready  to  assume  the  burdens  of  statehood. 

Mr.  HAY.  It  does  not  strike  me  that  way  at  all,  it  is  no 
confession  at  all,  but  simply  an  indication  to  congress  that  we ' 
are  a  conservative  people,  that  we  are  not  trying  to  rush  into 
all  the  machinery  of  a  full  fledged  state  at  once,  that  we  are 
not  trying  to  take  on  things  that  we  cannot  afford  to  pay  for, 
and  those  of  us  who  are  here  now  and  paying  taxes  know  that 


PROCEEDINGS  AND  DEBATES. 

the  "burden  is  as  much  as  we  can  stand,  and  if  we  are  going  to 
increase  it  by  statehood  we  had  better  remain  as  we  are. 

Mr.  CHAIRMAN.  Are  there  any  further  remarks  to  be 
made  upon  this  question? 

Mr.  COFFEEN.  I  believe  I  would  like  to  have  my  tote 
on  this  subject  recorded  and  hence  would  call  for  the  ayes  and 
nays. 

Mr.  CHAIRMAN.  The  ayes  and  nays  are  called  for.  Ts  there 
any  objection?  The  chair  hears  none.  The  clerk  will  call  the 
roll.  Gentlemen,  the  question  is  upon  the  adoption  of  the 
amendment  offered  by  the  gentleman  from  Laramie,  Mr.  Pot- 
ter. So  many  as  are  of  the  opinion  that  the  substitute  be  adopt- 
ed will  say  aye  as  their  names  are  called;  those  of  the  oppos- 
ing opinion  will  say  no. 

(Roll  call.) 

Mr.  ELLIOTT.  I  desire  to  explain  my  vote.  I  was  about  to 
make  a  few  remarks,  but  the  gentleman  seemed  to  be  in  such  a 
rush  I  did  not,  but  desire  to  claim  the  privilege  of  stating  my 
position.  I  believe  a  great  mistake  is  being  made  here  in  con- 
sidering the  future  altogether  and  paying  no  attention  to  the 
present.  We  have  as  much  to  do  to  deal  with  the  present  con- 
dition of  this  territory  as  we  have  in  dealing  with  its  future, 
and  I  say,  sir,  while  I  would  be  glad,  too  glad  indeed,  to  see  an 
independent  supreme  court,  we  must  have  consideration  for  the 
present  condition  of  'this  territory,  in  discussing  this  question, 
and  in  view  of  our  present  condition  I  must  vote  aye,  for  this 
amendment. 

Mr.  FOX.  I  don't  exactly  approve  of  this  amendment.  I 
would  have  preferred  the  proposition  submitted  by  Mr.  Hoyt, 
therefore  I  vote  no. 

Mr.  CHAIRMAN.  Gentlemen,  your  vote  on  the  amend- 
ment offered  by  Mr.  Potter  is  as  follows:  Ayes,  17;  noes,  21.  By 
your  vote  you  have  refused  to  amend  according  to  his  proposi- 
tion. 

Mr.  RINER.  I  move  the  bill  be  placed  upon  its  final  read- 
ing. 

Mr.  CHAIRMAN.  The  bill  is  now  on  its  final  reading.  Fi- 
nal reading  of  substitute  for  File  No.  50.  The  question  is  on  the 
adoption  of  the  substitute  for  File  No.  50.  All  who  are  of  the 
opinion  that  the  file  be  adopted  as  a  part  of  the  constitution 
will  say  aye  as  tlieir  names  are  called;  those  of  the  opposing 
opinion  will  say  no.  The  secretary  will  call  the  roll. 

(Roll  call.) 

Mr.  CHAIRMAN.  Gentlemen,  your  vote  on  the  substitute 
for  File  No.  50  is  as  follows:  Ayes,  37;  nayes,  11;  absent,  11. 
Oentlemen,  by  your  vote  you  have  adopted  substitute  for  File 


CONSTITUTIONAL  CONVENTION. 

No.  50  as  a  part  of  the  constitution  of  Wyoming.    What  is  your 
further  pleasure,  gentlemen? 

Mr.  TESCHKMACEK.     Committee  No.  19  would  like  to 

make  a,  report. 

Mr.  CHAIRMAN.    Is  there  objection  to  Committee  No.  1 
making  a  report  at  this  time?  The  chair  hears  none.    The  com- 
mittee may  report. 

Mr.  TESCHEMACHER.  Your  committee  No.  19  beg  leave 
to  report  that  the  substitute  for  Files  35  and  57  is  properly 
engrossed. 

Mr.  CHAIRMAN.  You  have  heard  the  report  of  your  com- 
mittee. What  is  your  pleasure? 

Mr.  BURRITT.  I  move  the  file  be  read  a  third  time  and' 
placed  upon  its  final  passage. 

Mr,  CHAIRMAN.  It  is  moved  and  seconded  that  the  sub- 
stitute for  Files  35  and  57,  the  irrigation  file,  be  placed  upon 
its  final  reading  and  final  passage.  Are  you  ready  for  the- 
questioii?  All  in  favor  of  the  motion  will  say  aye;  contrary 
no.  The  ayes  have  it.  The  motion  prevails.  The  secretary  will 
read.  If  any  one  desires  any  particular  section  read  they  may 
call  for  it. 

Mr.  COFFEEN.  I  desire  the  reading  of  Sec.  3,  the  one  I 
believe  on  which  so  much  discussion  has  been  had. 

(Reading  of  Sec.  3.) 

Mr.  COFFEEN.  Since  the  chair  has  been  kind  enough  to 
allow  us  to  reconsider  this  matter,  I  move  to  strike  out  Sec.  3' 
from  the  present  file. 

Mr.  FOX.    Second  the  motion. 

Mr.  IRVINE.  It  seems  to  me  that  it  is  hardly  fair  to  put 
that  to  a  vote  when  Mr.  Johnston  is  away.  He  is  a  member 
who  is  most  anxious  to  vote  upon  that. 

Mr.  ELLIOTT.  I  move  as  a  substitute  that  after  the  words 
"better  right"  there  shall  be  added  "but  shall  not  be  conclusive 
in  determinging  the  better  right."  That  is,  that  if  there  is  any- 
thing else  to  determine  it,  it  shall  have  consideration. 

Mr.  CHAIRMAN.  Gentlemen,  you  have  heard  the  motion. 
Are  you  ready  for  the  question?  All  in  favor  of  the  substitute- 
as  offered  by  the  gentleman  from  Johnson  will  say  aye;  con- 
trary no.  The  chair  is  in  doubt.  All  in  favor  of  the  motion  will 
rise  and  stand  until  counted — 13.  Those  opposing  will  rise 
—19.  The  motion  is  lost. 

Mr.  FOX.    I  will  now  move  to  strike  out  Sec.  3. 
Mr.  COFFEEN.    Second  the  motion. 

Mr.  PRESIDENT.  Gentlemen,  you  have  heard  the  motion.. 
Are  you  ready  for  the  question? 

Mr.  COFFEEN.  I  do  not  wish  to  say  more  than  to  try  and 
speak  out  a  word  of  caution.  If  this  section  is*, 
adopted  it  seems  perfectly  clear  to  me  that  no  oth- 


PROCEEDINGS  AND  DEBATES.  535 

er  consideration  can  matter  or  can  be  employed  to  aid  in  de- 
termination of  rights,  and  it  is  a  dangerous  doctrine  for  us  to 
settle  upon,  I  wish  the  proposition  to  amend  might  have  been 
more  fully  discussed,  but  I  caution  you  now  as  surely  as  pri- 
ority of  appropriation  for  beneficial  uses  shall  be  the  final  de- 
termination of  all  questions,  you  have  planted  an  injustice,  as 
T  believe,  in  the  constitution  which  will  be  far  reaching  in  the 
future,  and  do  great  injustice  to  many.  I  believe  it  should 
properly  be  the  greater  consideration,  but  to  allow  nothing  else 
to  determine,  I  think  that  is  an  extraordinary  decision,  and  I 
shall  therefore  move  to  strike  it  out  unless  it  can  be  amended. 
It  has  been  hinted  and  suggested,  pehaps  unwarrantably,  that 
there  are  corporate  interests  involved  in  this  question  that  are 
very  serious  and  close  to  the  surface.  I  say  this  has  been  sug- 
gested, but  I  will  not  present  that  as  an  argument  against  it, 
that  however  that  may  be,  this  is  a  serious  question  which  we 
have  on  hand,  and  one'that  will  do  great  injustice  to  many  that 
want  to  have  justice  done  in  the  matter  of  the  use  of  water. 

Mr.  BUKRITT.  I  have  said  so  much  in  reference  to  this 
irrigation  bill  that  I  do  not  wish  to  bore  the  convention  with 
any  more  remarks,  but  the  remarks  of  Mr.  Coffeen  and  the  in- 
sinuations thrown  out  by  him  in  reference  to  this  matter  are 
such  that  so  far  as  I  am  concerned  I  do  not  propose  to  allow 
to  go  unanswered.  I  think  that  anyone  who  knows  my  connec- 
tion with  irrigation  companies  and  with  parties  owning  irri- 
gation ditches  in  Johnson  county,  and  there  are  many  on  this 
floor  who  do,  although  there  are  some  who  do  not,  they  will 
not  doubt  my  honesty  of  purpose  in  supporting  and  advocating 
the  measures  of  this  bill.  I  certainly  have  heard  of  no  corpo- 
rate interests  that  are  to  be  effected  by  it,  and  I  have  been  ex- 
ceedingly cautious  and  careful  in  considering  this  matter  and 
in  framing  it,  and  if  the  authorities  of  over  five  thousand  years 
you  might  say  are  of  such  a  nature  that  they  are  favorable  to 
the  corporate  interests  of  some  institution  in  the  territory,  or 
the  coming  state  of  Wyoming,  that  exists  only  in  the  very  fer- 
tile imagination  of  the  gentleman  from  Sheridan,  for  whom  I 
have  the  greatest  respect,  then,  sir,  I  am  guilty  upon  this  floor 
of  being  the  tool  of  such  a  corporation.  This,  Mr.  Coffeen,  is 
the  water  law  of  the  oldest  irrigatio  i  countries  in  the  world, 
and  I  have  advocated  it  because  it  seemed  to  be  so  fair  and 
so  just.  This  is  the  system  known  as  the  Australian  system, 
it  is  the  system  adopted  in  the  provinces  of  Australia  and  New 
South  Wales,  for  which  the  British  crown  sent  out  a  commis- 
sion to  examine  and  investigate.  The  United  States  has  done 
very  little  in  the  matter  of  irrigation.  England  has  done  more 
than  any  country  on  the  face  of  the  earth  to  investigate  this 
matter  of  irrigation.  They  have  spent  dollars  where  we  have 
not  spent  cents  to  get  at  the  root  of  this.  Appropriation  is  the 


536  CONSTITUTIONAL  CONVENTION. 

touch  note  in  every  country  whore  irrigation  is  known,  and, 
sir,  I  prophecy  that  the  time  is  coming;  and  coming  soon  when 
the  state  will  take  the  course  pursued  by  every  country  where  ir- 
riiiation  is  known,  and  will  own  and  control  the  water.  To 
strike  that  out  in  this  hill  and  provide  that  priority  of  appro- 
priation shall  not  give  the  better  right,  but  that  other  mat- 
ters shall  come  in  is  simply,  sir,  to  throw  this  matter  into  the 
courts.  Look,  sir,  at  the  history  of  irrigation  in  this  territory, 
look  at  the  infamous  measures  adopted,  honestly,  I  have  no 
doubt,  and  the  injustice  done  to  the  owners  of  irrigation  ditch- 
es. It  is  an  outrage.  It  has  cost  the  poor  farmers  of  this  ter- 
ritory Uiousands  of  dollars.  I  believe  that  this  measure  is  right, 
just,  honorable  and  honest  toward  all  men,  and  will  come  near- 
er to  reaching  this  difficult,  in  fact  the  most  difficult  question 
that  the  state  of  Wyoming  has  to  settle,  than  any  other  pro- 
vision that  can  be  framed  and  brought  forward.  I  would  be 
glad  to  hear  the  gentleman  who  made  this  motion  to  strike  out 
give  his  reasons  for  it.  So  far  I  have  heard  no  reason  why 
it  should  be  stricken  out  and  I  believe  it  should  stand. 

Mr.  COFFEEN.  I  endorse  most  heartily  all  the  words  that 
have  been  said,  and  I  am  most  glad  to  hear  the  gentleman 
speak,  as  he  has,  and  I  believe  he  is  right  and  I  am  wrong.  I 
was  afraid  this  might  lead  to  greater  litigation,  but  my  judg- 
ment may  be  wrong.  I  only  repeated  what  I  heard  on  the  out- 
side as  to  this  bill,  and  I  did  not  say  I  believed  it,  and  I  do  not 
doubt  but  that  the  gentleman  himself  and  the  other  members 
of  the  committee  acted  from  the  highest  and  purest  motives 
in  bringing  this  measure  forward.  I  am  convinced  that  this 
is  all  right,  and  unless  the  gentleman  who  made  the  motion  can 
make  an  answer  sufficient  to  overthrow  the  argument  that  the 
gentleman  has  just  made,  I  shall  vote  against  the  motion  to 
strike  out. 

Mr.  HAY.  It  seems  to  me  that  the  word  "better"  is  unneces- 
sary. If  priority  of  appropriation  gives  the  absolute  right, 
there  is  no  need  of  using  the  word  better. 

Mr.  BUKRITT.  I  will  answer  that  but  want  to  say  one 
word  in  regard  to  another  matter  first.  This  convention 
would  seem  to  have  lost  track  of  the  fact  that  there  are  other 
beneficial  uses  besides  irrigation.  It  is  plain  that  water  for  do- 
mestic purposes  is  a  beneficial  use,  that  water  for  mining  is  a 
beneficial  use,  and  they  should  all  be  placed  upon  the  same 
•  Mjual  footing.  When  this  bill  says  that  priority  of  appropria- 
tion for  beneficial  uses  shall  give  the  better  right  it  means  re- 
gardless of  what  that  other  right  may  be.  I  desire  right  here 
to  say  that  it  has  been  objected  to,  that  here  you  take  away 
from  cities  their  water  supply  and  leave  them  destitute,  and  in 
consequence  of  this  they  would  not  have  the  right  to  use  enough 
water  for  their  domestic  purposes.  They  will  have  the  right  to 


PROCEEDINGS  AND  DEBATES. 


537 


Just  so  much  water  as  they  have  actually  appropriated  for  their 
domestice  purposes  and  have  been  in  the  habit  of  using  at  the 
time  their  ditches  were  constructed,  and  when  any  city  in  the 
territory  so  grows  in  size  that  it  will  require  more  water  sup- 
ply than  it  has  the  priority  of  appropriation  for  beneficial 
uses,  then  this  preserves  to  the  state  the  power  in  the  legisla- 
ture to  pass  a  law  allowing  that  city  to  extend  its  ditches,  but 
they  will  have  to  pay  for  it,  and  they  should.  Now  the  city  of 
'Cheyenne  draws  its  water  from  Crow  creek,  and  they  have  a 
very  ingenious  system  for  increasing  the  supply  at  present,  but 
if  the  city  should  increase  three  or  four  times  in  size,  some  of 
its  ditches  have  got  to  be  extended,  and  its  supply  increased, 
.but  they  have  got  to  pay  for  that,  and  it  is  to  prevent  this  con- 
flict of  interests  that  this  word  better  is  used. 

Mr.  FOX.  They  want  me  to  give  my  reasons-  for  having  this 
.struck  out.  I  want  it  struck  out  because  I  think  it  is  useless. 
I  think  the  othe^r  covers  the  whole  thing.  I  think  the 
proposition  I  suggested  the  other  day  should  have  been  in  this 
chapter,  but  the  committee  sawT  fit  to  strike  it  out,  but  I  think 
this  ought  to  be  left  out,  and  for  that  reason  [  moved  to  strike 
It  out.  I  think  it  ought  to  be  left  to  the  legislature. 

Mr.  PRESIDENT.  The  question  is  on  the  motion  to  strike 
*out.  All  in  favor  of  the  motion  will  say  aye ;  contrary  no.  The 
noes  have  it;  the  motion  to  strike  out  is  lost. 

The  question  is  now  on  the  final  reading  and  passage  of  the 
file.  All  who  are  of  the  opinion  that  the  file  as  read  should 
IDC  adopted  as  a  part  of  the  constitution  will  say  aye  as  their 
names  are  called;  those  of  the  opposite  opinion  will  say  no. 
The  secretary  will  call  the  roll. 

Mr.  PRESIDENT.  I  desire  to  explain  my  vote.  In  the  first 
section  of  this  file  we  make  the  declaration  that  the  state  shall 
be  the  owner  of  the  w^ater.  We  follow  that  up  by  saying  that 
priority  of  appropriation  shall  give  the  better  right,  which  is  to 
deny  the  ownership  in  the  state.  There  is  contradiction  in  the 
bill.  I  believe  further  that  this  provision  in  the  bill  gives  an 
.opportunity  for  cheating  and  robbing  the  state  by  corporations. 
.1  therefore  vote  no. 

The  result  of  the  vote  on  File  57  is  as  follows:  Ayes,  35; 
noes,  2;  absent,  12.  Gentlemen,  by  your  vote  you  have  adopted 
File  57  as  a  part  of  the  constitution  of  Wyoming.  The  file  will 
be  referred  to  the  committee  on  revision. 

Mr.  TESCHEMACHER.  I  move  that  the  two 'reports  of  the 
legislative  committee  and  of  the  apportionment  committee  be 
made  special  order  for  this  evening,  and  I  hope  it  will  be  al- 
lowed for  this  evening,  because  I  understand  a  great  many  are 
going  away. 

Mr.  PRESIDENT.  It  is  moved  and  seconded  that  the  two 
.reports  of  Committee  No.  2  and  the  two  reports  of  Committee 


538  CONSTITUTIONAL  CONVENTION. 

No.  C>  be  made  special  order  for  this  evening.    Are  you  ready 
for  the  question? 

Mr.  COFFEEN.  I  am  not  ready  for  this  question.  It  seems 
to  be  very  foolish  to  have  this  question  come  up  tonight,  when 
we  have  not  even  determined  whether  wre  are  going  to  have  a 
night  session.  The  general  expectation  was  that  there  would 
be  no  night  session  tonight.  I  am  very  'willing  that  the  gen- 
tlemen who  are  to  be  absent  should  be  accommodated  to  a 
reasonable  degree,  but  I  apprehend  that  there  are  many  of 
those  who  would  like  to  see  this  go  over  until  Monday.  I  move 
that  this  be  made  special  order  for  Monday  afternoon. 

Mr.  PALMER.  I  would  say  on  behalf  of  some  of  the  pro- 
posed absentees  whom  Mr.  Cpffeen  seems  to  be  so  anxious  about 
that  it  comes  with  very  bad  grace  from  him  to  refuse  us,  when 
he  has  occupied  most  all  the  time  in  the  convention  himself  so 
we  couldn't  get  ahead  more.  We  have  to  go  away  and  insist  on 
this  coming  up  today. 

Mr.  CAMPBELL.  Speaking  of  having  an  evening  session, 
I  don't  think  we  will  gain  enough  to  pay  us  for  coming  up  here, 
this  evening.  I  have  felt  the  effects  of  last  night  all  day.  Sit- 
ting here  from  9  o'clock  in  the  morning  until  11  o'clock  at  night 
is  more  than  I  can  stand.  I  think  the  resolution  agreed  that 
wre  should  have  evening  sessions  through  the  week  except  Sat- 
urday night. 

Mr.  POTTER.  It  seems  to  me  there  is  no  necessity  for 
postponing  this  matter  until  Monday. 

Mr.  COFFEEN.  In  reply  to  the  gentleman  from  Laramie 
I  will  simply  say  that  in  consideration  for  the  people  who  go 
west,  that  they  might  have  time  to  get  back,  I  move  it  be  put 
off  until  Monday  afternoon,  and  also  that  all  might  know  that 
this  question  was  coming  up.  So  far  as  I  am  concerned  myself 
I  am  ready  now  to  contest  this  matter  if  it  should  come  up.  I 
should  have  preferred  Monday  afternoon.  ( 

Mr.  PRESIDENT.  Gentleman,  at  this  moment  I  deire  to 
say  that  in  the  past  whenever  any  member  has  used  language 
that  seemed  to  reflect  upon  another,  I  have  called  no  one  to  or- 
der, but  I  insist  that  it  shall  not  go  on  any  further.  This  is  no 
place  to  indulge  in  personalities  or  personal  reflections  upon 
any  matter  whatever,  and  the  chair  wrill  insist  upon  its  rights,, 
and  it  shall  uot  be  done  hereafter.  The  question  is  on  the  mo- 
tion as  amended,  that  the  two  reports  of  Committee  No.  6  and 
the  two  reports  of  Committee  No.  2  be  made  special  order  for 
Monday  afternoon.  Are  you  ready  for  the  question?  All  in  fa- 
vor of  the  motion  will  say  aye ;  contrary  no.  The  noes  have  it ; 
the  motion  is  lost. 

The  question  is  now  on  the  original  motion  that  these  re- 
ports be  made  the  special  order  for  this  evening.  All  in  favor 


PROCEEDINGS  AND  DEBATES.  539, 

of  the  motion  will  say  aye;  those  opposed  no.    The  noes  have 
it:  the  motion  is  lost, 

Mr.  POTTER.  I  move  these  files  be  made  the  special  order 
and  immediately  considered  by  the  committee  of  the  whole. 

Mr.  BARROW.  I  move  no  one  be  allowed  to  speak  more 
than  two  minutes  in  committee  of  the  whole. 

Mr.  COFFEEN.  I  rise  to  a  point  of  order.  I  do  not  think 
that  motion  can  be  entertained  at  this  time,  in  connection 
with  this  motion. 

Mr.  PRESIDENT.  The  chair  is  of  the  opinion  that  as  we 
have  no  rule  upon  that  subject,  no  such  motion  can  be  enter- 
tained at  this  time,  it  being  an  amendment  to  the  rules,  it  must 
lay  over.  The  question  is  on  the  motion  to  go  into  committee 
of  the  whole  for  consideration  of  the  special  order. 

Mr.  COFFEEN.  I  know  there  are  certain  parties  that 
seem  to  be  very  anxious  to  rush  this  question  at  this  time,  but 
it  appears  to  me,  having  worked  as  late  as  we  have,  there- 
must  be  some  anxiety  that  I  feel  is  hardly  justifiable,  in  rush- 
ing us  at  once  into  this,  and  that  too  when  efforts  are  made* 
in  this  convention  to  shut  off  debate.  I  beg  your  pardon  most 
heartily  and  sincerely  and  with  due  humility  for  occupying  too 
much  of  your  time  but  at  the  same  time  I  have  always  stuck 
to  the  question  and  tried  to  secure  justice  upon  every  question. 
I  havo  never  attempted  to  cut  off  debate  of  any  one.  1  think  we 
cannot,  in  justice  to  ourselves  or  the  question  that  is  to  be  han- 
dled, go  into  this  question  tonight,  and  therefore  I  shall  oppose 
going  into  it  at  once. 

Mr.  PRESIDENT.  All  in  favor  of  the  motion  will  say  aye; 
contrary  no.  The  ayes  have  it;  the  motion  prevails.  We  are 
now  in  committee  of  the  whole. 

Mr.  CHAIRMAN.  Gentlemen  of  the  convention,  you  have 
before  you  the  majority  and  minority  reports  of  Committee  No. 
6  and  the  minority  reports  of  Committee  No.  2.  The  legislative 
reports  are  before  us,  I  believe.  The  clerk  will  read  the  ma- 
jority report. 

Mr.  BARROW.  I  believe  the  matter  of  apportionment  was 
mentioned  first,  and  I  believe  that  it  should  come  up  first. 

Reading  of  the  reports  of  the  two  committees. 

Mr.  BARROW.  I  move  when  this  committee  arise  they  re- 
port back  the  majority  report  of  Committee  No.  6  with  the  rec- 
ommendation that  it  be  adopted  as  a  part  of  the  constitution. 

Mr.    RINER.    Second  the  motion. 

Mr.  CHAIRMAN.  The  question  before  the  house  is  when 
this  committee  arise  they  report  back  the  majority  report  of 
Committee  No.  6  with  the  recommendation  that  it  be  adopted.. 
Are  you  ready  for  the  question  ? 

Mr.  BA  XTER.  I  was  not  here  the  other  day  when  this  mat-- 
ter  was  discussed,  and  I  regret  that  I  was  not  as  I  was  anx> 


540  CONSTITUTIONAL  CONVENTION. 

ious  to  hear  some  valid  argument  in  support  of  the  proposition 
of  one  representative  from  each  county.  I  was  here  a  .day  or 
two  since  when  this  was  referred  to  the  committee,  and  I  fully 
agree  with  Judge  Brown  of  Albany,  who  pointed  out  the  in  jus- 
life  that  would  be  worked  upon  the  population  of  several  of 
the  ^counties,  if  the  report  was  adopted  as  suggested  at  that 
time.  I  believe  now  that  these  reports  are  just  about  as  they 
ought  to  be.  It  seems  to  me  that  if  we  should  lay  the  territory 
out  into  senatorial  districts,  in  that  way  every  county  would 
have  some  representation.  That  is,  that  Sheridan  county  or 
.Johnson  county  or  some  other  county  should  be  a  senatorial 
district.  They  are  thus  entitled  to  one  represen- 
tive,  whether  or  not  they  have  sufficient  population  to  entitle 
them  to  it,  because  it  would  be  manifestly  unjust  to  say  that 
they  shall  have  no  representative  at  all.  They  are  entitled  to 
one  man  because  they  are  entitled  to  representation.  Now, 
after  we  have  determined  that,  that  they  shall  have  one  repre- 
sentative, then  we  shall  determine  the  unit  upon  which  this 
representation  shall  be  based.  The  majority  report  allows  five 
representatives  from  both  Carbon  and  Albany  county,  each 
with  a  population  of  twenty-six  hundred.  As  I  understand  it 
the  unit  is  six  hundred.  Now  it  seems  to  me  it  would  be  a  lit- 
tle more  fair  to  give  them  four  each,  and  let  \these  two  counties 
together  form  a  float  district  entitled  to  one  member.  Now  the 
same  with  Johnson  county  and  Sheridan  county,  they  are  enti- 
tled to  one  member,  and  by  joining  them  they  would  be  entitled 
to  one  extra  member  in  the  house.  I  don't  think  as  a  rule  float 
representatives  are  very  effective,  as  they  are  very  apt  to  rep- 
Tesent  the  county  they  come  from  and  forget  all  about  the  other, 
but  I  think  perhaps  it  might  be  arranged  in  some  way. 

Mr.  BARROW.  We  have  had  some  experience  with  float 
representatives.  I  remember  distinctly  in  1884,  that  Johnson 
and  Carbon  counties  were  joined,  and  the  candidate,  Mr.  Me., 
•was  defeated  in  his  own  county,  and  elected  in  Carbon  county, 
where  he  was  not  known,  and  Mr.  France  was  defeated  in  his 
own  county,  and  elected  in  the  county  where  he  was  not  known. 
I  believe  that  every  gentleman  who  has  taken  the  trouble  to 
figure  on  this  apportionment  offered  by  the  majority  of  the 
committee,  they  have  made  an  apportionment  which  is  just, 
or  as  near  so  as  can  be  arrived  at.  The  apportinment  is  made 
on  the  same  basis  as  made  by  Mr.  Hay,  taking  six  hundred  for 
the  house  and  twelve  hundred  for  the  senate,  only  that  two 
members,  one  each,  have  been  added  to  Albany  and  Carbon 
counties.  There  is  reason  for  this,  inasmuch  as  Carbon  county 
has  an  overplus  of  two  hundred  and  thirty- three  in  the  house, 
and  a  like  number  in  the  senate,  making  a  total  of  four  hundred 
and  sixty-six,  and  Albany  county  has  an  overplus  of  two  hun- 
dred and  eight  in  the  house  and  two  hundred  and  eight  in  the 


PROCEEDINGS  AND  DEBATES. 

senate,  amounting  to  four  hundred  and  sixteen  in  both,  w 
figured  in  this  way.  I  believe  I  have  figured  on  "this  thing  for 
four  weeks,  and  I  have  heard  of  other  members  who  have  done 
the  same  thing,  and  I  challenge  any  other  member  to  arrive  at 
any  other  satisfactory  or  more  just  arrangement  of  apportion- 
ment. 

Mr.  COFFEEN.  I  wish  I  could  say  the  few  things  I  have  to 
say  within  the  two  minute  limit,  but  fear  I  cannot.  The  house 
has  already,  before  these  matters  were  referred  back,  settled 
upon  two  general  principles  by  their  vote,  not  that  you  need  ref- 
erence to  it,  but  I  call  your  attention  to  it  that  you  may  know 
where  you  are.  You  have  settled  and  adopted  the  principle 
that  the  house  shall  have  not  less  than  two  times  as  much  as 
the  senate,  and  not  more  than  three  times.  If  you  will  examine 
the  minority  report,  you  will  find  that  it  wall  conform  to  that 
principle.  The  house  has  settled  upon  that  question,  that  there- 
shajU  not  be  less  than  twice  as  many  in  one  house  as  in  the 
other.  The  house  has  also  settled  upon  the  principle  that  every 
county  shall  have  at  least  one  senator  and  one  representative. 
That  is  settled,  I  believe,  until  there  is  no  opposition.  The  rela- 
tion of  the  number  in  one  house  to  the  other,  and  the  fact  that 
every  county  shall  have  one  member  in  each  house,  that  much 
is  accomplished  toward  county  representation.  Now  I  want 
to  appeal  to,  you  in  the  sense  of  fair  play,  as  you  shall  concede 
it,  when  you  take  the  facts  of  the  majority  and  minority  reports. 
The  minority  report  has  fifteen  in  the  upper  house,  and  thirty 
in  the  lower,  and  the  majority  report  has  sixteen  in  the  upper 
house  and  thirty  in  the  lower  house.  We  have  conformed  then 
to  the  principle  we  have  settled  on,  that  there  shall  be  twice  the 
number  in  the  lower  house  as  in  the  upper  house,  and  that  every 
county  shall  have  one  representative  and  one  senator.  So  far 
then  we  have  conformed.  We  are  opposed  to  the  increase  of 
the  senate  from  fifteen  to  sixteen  for  many  reasons.  You  must 
not  expect  me  to  take  the  time  'to  give  you  all  my  reasons,  but 
I  will  state  one  or  two.  In  the  firsF  place,  it  increases  the  ex- 
pense, and  increases  the  number  in  the  upper  house  in  order  to 
conform  to  this  principle.  On  the  basis  of  fifteen  to  twenty- 
eight,  which  seemed  to  be  the  ratio  agreed  upon  at  one  time, 
raising  that  to  fifteen  and  thirty,  the  question  arises  where  shall 
the  two  extra  representatives  go.  That  is  the  question.  That 
is  where  the  main  difference  comes,  I  apprehend,  between  the 
minority  and  majority  reports.  Shall  tlaese  two  representatives 
to  raise  this  from  twenty-eight  to  thirty,  go  t'o  Albany  and  Car- 
bon counties  that  already  have  four,  or  go  to  Johnson  and 
Sheridan  counties  that  only  have  one  in  the  lower  house?  Jus- 
tice demands  that  it  should  be  given  to  Johnson  and  Sheridan 
counties,  which  only  have  one.  But  let  me  show  you  the  figures. 
Taking  it  from  'Mr.  Hay's  figures  as  we  have  it,  the  vote  stands 


.54.2  CONSTITUTIONAL  CONVENTION. 

thus:  In  Albany  county  twenty-six  hundred  and  eight  votes, 
giving  them  four  on  the  general  apportionment  we  propose  for 
the  house  of  six  hundred,  makes  twenty-four  hundred,  subtract- 
ed from  twenty-six  hundred  and  eight,  gives  you  two  hundred 
and  eight.  Six  being  the  unit,  then  take  Johnson  county  for 
instance,  and  subtract  her  one  representative  from  her  nine 
hundred  and  sixteen  votes,  you  have  three  hundred  and  sixteen. 
A  larger  surplus,  as  you  will  see,  and  she  should  have  the  extra 
member,  having  but  one  already,  yet  you  would  give  the  extra 
member  to  the  county  having  four  already,  and  the  smaller  sur- 
plus. Ah,  I  knew  I  could  touch  your  sense  of  fair  play  there. 
'Take  Sheridan  county  and  subtract  her  six  hundred  votes,  this 
gives  her  one,  and  you-  have  two  hundred  and  seventy  sur- 
plus. This  also  is  larger  than  the  counties  you  would  give  the 
extra  one.  It  is  larger  than  Albany  county,  with  only  two  hun- 
dred and  eight,  or  Carbon  county  with  two  hundred  and  thirty- 
three.  Not  that  I  have  yet  heard  an  Albany  county  man  say 
that  he  wanted  to  take  five  and  give  Sheridan  and  Johnson 
counties  but  one,  for  I  believe  that  at  all  times  they  have  en- 
deavored to  be  liberal  and  just  and  fair  towards  Sheridan  and 
Johnson  counties.  Then  I  will  take  Converse  county.  Surplus 
of  Converse  county  in  the  lower  house  is  one  hundred  and  seven 
which  is  less  than  in  both  of  our  northern  counties,  yet  you 
will  give  on  a  smaller  surplus  an  extra  representative  to  Con- 
verse county  and  deny  it  to  the  smaller  counties,  having  also  a 
larger  surplus.  Will  you  thus  defeat  justice,  and  be  deaf  to  the 
dictates  of  your  own  conscience?  Now  how  about  the  surplus 
in  the  senate.  I  will  start  by  saving  that  it  is  a  radical  depart- 
ure from  anything  ever  heard  or  written  of  to  take  the  appor- 
tionment of  the  senate  and  its  figures,  and  thereby  try  to  effect 
an  apportionment  concerning  the  lower  house,  and  this  conven- 
tion is  not  ready  to  act  upon  that  and  take  such  a  stand  as 
that.  It  has  been  decided  here  by  your  vote  that  every  county 
shall  have  one  senator,  and  you  cannot  therefore  question  that. 
Now  I  have  shown  you  that  the  two  extra  members'  by  in- 
creasing this  from  twenty-eight  to  thirty,  should  go  to  the  smal- 
ler counties  as  compared  with  the  larger,  and  I  have  shown 
you  by  the  very  figures  themselves  that  the  smaller  counties 
iave  a  larger  surplus,  and  I  hardly  think  there  are  many  in  this 
convention  but  who  will  endorse  the  iclea  and  stand  by  us  in 
making  this  increase  to  thirty  and  agree  that  the  two  extra 
members  should  go  to  Johnson  and  Sheridan  counties  having  as 
I  have  already  shown  you  the  larger  surplus.  One  word  more 
and  I  am  done.  I  do  not  wish  that  you  should  lose  sight  of  this 
data  that  I  have  given  you.  Our  people  will  demand  a  repre- 
sentation that  will  look  a  little  better  than  the  one  that  gives 
live  to  these  two  counties,  to  our  one.  There  is  injustice  in  the 
rery  figures,  and,  sir,  it  will  go  hard  with  my  people.  I  ask  jus- 


PROCEEDINGS  AND  DEBATES. 


543 


tice  for  my  constituents.  Another  reason  for  favoring  the  mi- 
nority report  is  the  consistency  with  which  our  numbers  con- 
form to  the  principles  already  agreed  upon,  that  there  shall  be 
twice  the  number  in  the  lower  house  as  in  the  upper.  This  in 
itself  is  a  very  good  reason  for  giving  it  consideration.  We 
have  all  conceded  that  the  lower  house  must  be  at  least  twice 
the  size  of  the  upper.  Then  there  is  another  reason,  one  how- 
ever that  I  don't  want  to  press  upon  you,  but  you  know  that  our 
people  have  been  a  little  prejudiced,  and  they  have  been  con- 
vinced in  their  own  minds,  whether  by  w^rong  or  right  argu- 
ments I  will  not  say,  that  it  was  not  to  their  interests  to  have 
statehood,  and  I  believe  that  prejudice  wrill  be  overcome  to  a 
large  degree  when  they  see  that  you  have  treated  them  fairly, 
that  justice  has  been  done  to  them  in  the  matter  of  their  repre- 
sentation in  the  legislature  of  the  new  state,  and  I  believe  that 
the  ratification  of  this  constitution  would  be  further  advanced 
by  giving  to  Sheridan  and  Johnson  counties  the  two  extra  rep- 
resentatives instead  of  giving  them  to  the  counties  which  al- 
ready have  a  much  larger  representation,  and  writh  a  much 
smaller  surplus,  and  who  don't  demand  them. 

Mr.  BAKTCOW.  The  gentleman  from  Sheridan  wants  us  to 
give  him  equal  representation  with  Converse  county  in  the  low- 
er house.  I  stand  here  on  behalf  of  Converse  county  to  protest. 
The  county  of  Sheridan  has  four  hundred  and  thirty-seven  votes 
less  than  the  county  of  Converse.  The  county  of  Sheridan  has 
two  hundred  and  eighty  votes  less  than  the  county  of  Crook. 
The  county  of  Johnson  has  three  hundred  and  ninety  votes  less 
than  the  county -of  Converse.  I  cannot  see  any  justice,  any 
shadow  of  justice,  in  giving  either  of  those  counties  equal  rep- 
resentation with  the  counties  of  Converse  and  Crook.  He  was 
speaking  of  the  overplus  in  the  house,  and  making  that  the  basis 
of  his  apportionment.  I  would  like  to  ask  him  what  was  his 
overplus  in  the  senate.  We  take  the  basis  of  twelve  hundred 
votes  for  one  senator.  He  lacks  three  hundred  and  twenty-four, 
almost  half  as  much  as  the  total  vote  necessary  to  entitle  them 
to  one  representative,  and  if  the  unit  is  fourteen  hundred  it 
would  be  even  larger.  The  county  of  Johnson  lacks  two  hun- 
hundred  and  eighty-four  votes  to  entitle  it  to  a  senator.  I  think 
when  you  consider  the  minus  amounts  which  are  lacking  to  en- 
title them  to  one  senator,  they  are  certainly  getting  all  they  de- 
serve when  they  get  one  member  in  the  house.  At  any  rate 
Converse  and  Crook  counties  certainly  protest  against  allowing 
Sheridan  and  Johnson  counties  equal  representation  with  them, 
when  we  have,  as  I  have  showrn  you,  four  hundred  and  thirty- 
seven  votes  inore  than  either  one  of  those  counties,  and  Crook 
has  two  hundred  and  eighty  more. 

Mr.  POTTER  I  don't  rise  to  make  any  argument  at  all, 
but  simply  just  a  suggestion.  I  see  that  the  majority  report 


544  CONSTITUTIONAL  CONVENTION 

makes  it  sixteen  and  thirty;  this  does  not  make  the  lower  house 
twice  the  size  of  the  senate.  The  minority  report  is  fifteen  and 
thirty.  The  only  difference  being  between  the  majority  and  mi- 
nority reports  iii  giving  Albany  and  Carbon  counties  one  mem- 
ber of  the  house  less  and  Sweetwater  county  one  member  of  the- 
senate  less.  Now  with  sixteen  members  of  the  senate,  we 
should  have  at  least  thirty-two  members  of  the  house,  and  the- 
only  thing  to  decide  is  to  where  those  two  members  should  go. 

Mr.  CLARK.  I  have  been  looking  over  this  vote  somewhat 
and  I  find  that  Converse  county  has  two  members  of  the  house 
and  one  hundred  and  seven  votes  over  according  to  the  last 
vote,  and  Tlinta  has  three  representatives,  and  two  hundred  and 
and  seventy-live  votes  if  I  have  the  right  figures.  I  don't  know 
but  we  might  arrange  it  by  increasing  the  house  by  one 
respectively  in  Converse  and  Uinta  counties,  making  the  two 
extra  necess'ary  to  double  the  size  of  the  senate,  leaving  the 
extra  senator  in  Sweetwater  county. 

Mr.  MORGAN.  It  seems  to  me  that  the  legislative  report 
should  be  read  first.  The  majority  of  the  legislative  committee 
reported  in  favor  of  thirteen  senators  and  twenty-eight  mem- 
bers of  the  house.  The  minority  committee,  myself,  reported' 
in  favor  of  fifteen  senators  and  thirty  representatives.  I  was 
governed  in  my  idea  of  that  number,  fifteen  and  thirty,  by  two 
considerations.  First  that  the  house  should  be  double  the  num- 
ber in  the  upper  house,  as  we  have  decided  in  the  convention, 
and  the  other  consideration  was  that  there  might  be  two  ex- 
tra members  to  go  to  whatever  counties  they  might  belong  to. 

Mr.  IRVINE.  I  really  thought  it  unnecessary  to  speak 
in  our  behalf.  I  simply  want  to  call  attention  to  the  vote  of 
the  three  counties  of  Converse,  Johnson  and  Sheridan,  and  1 
feel  sure  that  this  convention  is  too  fair  a  body  of  men  to  give 
the  two  counties  of  Johnson  and  Sheridan  the  combined  vote 
of  the  two  being  1,786  votes,  just  479  more  than  the  vote  of 
Converse  county,  to  give  those  two  counties  twice  the  represen- 
tation of  our  county  of  Converse,  as  proposed  by  the  gentleman 
from  Sheridan,  when  they  have  but  479  more  votes  in  both  of 
them  combined  than  we  have. 

.Mr.  TESCHEMACHER,  I  wish  to  ask  permission  to  speak 
on  the  question  of  what  rights  and  duties  belong  to  the  appor^ 
tionment  committee.  Looking  over  a  great  many  state  consti- 
tutions I  find  hardly  one  legislative  report  that  fixes  the  num- 
ber at  all.  This  is  left  entire  to  a  separate  article  of  the  con- 
stitution, on  congressional  and  legislative  apportionment.  I 
find  here  in  the  constitution  of  our  next  door  neighbor,  Colora- 
do, a  provision  pretty  near  identical  with  this.  It  reads  as  fol- 
lows: "The  senate  shall  consist  of  twenty-six  and  the  house  of 
representatives  of  forty-nine  members,  which  number  shall  not 
be  increased  until  the  year  of  our  Lord  one  thousand  eight 


PROCEEDINGS  AND  DEBATES.  545 

hundred  and  ninety,  etc."  Sec.  48  of  the  same  article  reads  as 
follows:  "Until  the  state  shall  be  divided  into  senatorial  dis- 
tricts in  accordance  with  the  provisions  of  this  article,  said 
districts  shall  be  constituted  and  numbered  as  follows,"  then  it 
goes  on  and  names  the  counties  and  their  apportionment.  Xow 
1  wish  to  explain  why  it  seems  that  these  two  reports  have  be- 
come mixed.  Mr.  Hay  introduced  a  proposition  which  was  or- 
dered printed,  and  before  that  proposition,  as  I  remember  it, 
had  been  referred  to  the  committee  at  all,  it  was  taken  up  and 
moved  as  a  substitute  to  the  majority  or  minority  report,  I  have 
forgotten  wThich,  of  the  legislative  committee  which  we  were 
then  considering-.  And  in  that  way  the  proposition  which 
should  have  been  referred  to  the  apportionment  committee, 
came  to  be  considered  in  the  legislative  file.  1  merely  say  this 
to  explain  my  reasons  for  speaking  as  I  did  the  other  night, 
which  may  have  been  considered  hasty. 

Mr.  ELLIOTT.  I  would  state  to  Mr.  Teschemacher  that  the 
reason  that  the  legislative  committee  undertook  to  fix  the  num- 
ber was  by  a  direct  agreement  with  the  chairman  of  the  ap- 
portionment committee  before  wre  undertook  to  do  it.  Tlie 
agreement  was  that  the  legislative  committee  was  to  fix  the 
number  and  the  apportionment  committee  should  come  in  and 
apportion  the  counties  as  they  saw  fit.  I  would  suggest  that 
in  considering  this  matter  it  would  be  only  fair,  as  the  propo- 
sition contained  in  the  report  of  the  legislative  committee  is- 
on  the  same  subject  and  goes  over  a  good  deal  of  the  same 
ground  as  this,  that  the  legislative  report  should  be  considered 
at  the  same  time,  and  that  that  report  should  not  be  killed  by 
the  report  of  the  apportionment  committee  being  adopted  with- 
out having  had  a  chance  to  be  heard. 

Mr.  CHAIRMAN.  The  question  is  on  the  motion  of  Mr.. 
Palmer  to  adopt  the  majority  report  of  the  apportionment  com- 
mittee. 

Mr.  ELLIOTT.    I  move  to  amend  that  we  go  into  the  consid- 
eration of  the  report  of  the  legislative  committee. 

Mr.  CHAIRMAN.  It  is  moved  by  the  gentleman  from 
Johnson  that  we  consider  the  report  of  Committee  No.  2.  Are 
you  ready  for  the  question?  All  in  favor  of  the  motion  will  say 
aye;  contrary  no.  The  noes  have  it.  A  division  is  called  for. 
All  in  favor  of  the  motion  will  rise  and  stand  until  counted — - 
14.  Those  opposed  will  rise — 16.  The  motion  is  lost.  The 
question  is  now  on  the  original  motion  of  Mr.  Palmer  from 
Sweetwater.  Any  further  remarks? 

Mr.  COFFEEN.  I  have  just  a  word  to  say.  In  the  first 
place  that  report  puts  you  in  conflict  with  what  has  already 
been  adopted,  that  the  senate  is  to  be  half  the  size  of  the  low- 
er house.  You  also  violate  the  figures  which  I  have  shown 
you.  Converse  county  has  already  had,  as  a  matter  of  fact, 
— 35 


546  CONSTITUTIONAL  CONVENTION. 

their  two,  with  only  a  surplus  of  one  hundred  and  seven,  yet  we 
haA'e  nearly  three  hundred  surplus  and  that  three  hundred  en- 
titles us  to  an  extra  member  on  our  side.  I  wish  to  have  you 
note  these  figures.  If  you  expect  the  ratification  of  this  con- 
stitution you  will  need  to  have  these  figures  in  a  little  different 
position.  I  think  that  you  want  to  consider  that.  Laramie 
county  stands  just  the  same  in  this  report  as  it  did  before,  ami 
almost  all  the  counties  excepting  one.  And  I  Avould  like  to  say 
a  word  to  my  friends  from  Sweetwater,  because  maybe  they 
may  think  I  have  endeavored  to  be  unjust,  let  us  look  into  the 
figures  and  see  whether  the  slightest  injustice  has  been  done 
by  this.  Follow  me,  friends,  a  moment.  On  the  basis  of  twelve 
hundred  for  one  senator  their  vote  is  seventeen  hundred  and 
forty-seA^en,  nobody  denies  the  correctness  of  the  figures,  this 
leaves  her  five  hundred  and  forty-seven,  and  you  have  decided 
that  she  shall  have  three  in  the  house,  and  you  would  give  her 
two  in  the  senate.  Now  I  would  like  to  ask  where  the  justice 
comes  in  there.  The  very  figures  themselves  show  it  to  be  un- 
just. 

Mr.  CON  AWAY.  The  gentleman  is  making  a  good  deal  of  a 
kick,  as  wre  say,  about  a  non-representation  in  the  house  of 
three  hundred  and  sixteen  in  Johnson  county,  and  two  hundred 
and  seventy  in  Sheridan  county,  yet  he  don't  want  Sweetwater 
county  to  say  a  word  when  we  are  left  out  of  a  representation 
of  five  hundred  and  forty-seven  votes,  and  Sweetwater  is  a 
small  county  too. 

Mr.  COFFEEN.  Just  a  word  on  that,  that  is  in  the  senate 
where  the  apportionment  is  on  the  basis  of  twelve  hundred 
while  our  surplus  is  in  the  house,  where  the  basis  is  six  hun- 
dred, and  of  course  it  makes  a  difference. 

Mr.  CLARK.  I  believe,  in  view  of  the  figures  befor  •  this 
convention,  that  if  one  ^xtra  member  is  to  be  added  to  one 
county,  it  should  be  first  to  the  county  of  Johnson,  and  second 
to  the  county  of  Uinta.  This  is  if  we  are  going  to  add  one  mem- 
ber. It  should  go  to  Johnson  county  with  a  surplus  of  three 
hundred  and  sixteen  votes,  but  if  we  add  two  members  one 
should  go  to  Uinta  county,  and  the  other  to  Johnson  county. 

Mr.  CHAPLIN.  The  argument  has  been  advanced  that 
Converse  county  wonld  be  injured  by  giving  one  representative 
to  Sheridan  and  one  to  Johnson.  I  don't  see  how  Converse 
county  would  be  injured  in  the  slightest,  I  believe  if  these  ex- 
tra members  are  added,  they  should  be  given  to  Sheridan  and 
Johnson  counties.  Albany  and  Carbon  counties  will  gladly 
give  way  to  these  smaller  counties. 

Mr.  HAY.  Upon  what  basis  of  representation  do  they  mean 
to  add  these  two,  to  thirty-two  or  thirty. 

Mr.  CHAPLIN.  I  believe  twenty-eight  was  the  number  rec- 
ommended. 


PROCEEDINGS  AND  DEBATES. 


547 


Mr.  MORGAN.  Its  getting  very  late,  and  I  move  this  com- 
mittee now  rise  and  report. 

Mr.  CHAIRMAN.  Gentlemen,  it  is  moved  and  seconded 
that  this  committee  now  rise  and  report  and  ask  leave  to  sit 
again.  All  in  favor  of  the  motion  will  say  aye;  contrary  no. 
The  ayes  have  it ;  the  motion  prevails.  The  committee  will  now 
rise  and  report. 

"Your  committee,  to  wThom  was  referred  the  majority  and 
minority  reports  of  Committee  No.  Q  and  Committee  No.  2,  beg 
leave  to  report  that  the  same  have  been  duly  considered,  and 
your  committee  would  recommend  that  the  majority  report 
of  Committee  No.  6  be  adopted,  and  your  committee  reports 
progress  and  asks  leave  to  sit  again." 

Mr.  POTTER,    I  move  the  report  be  adopted. 

Mr.  PRESIDENT.  It  is  moved  and  seconded  that  the  re- 
port of  the  committee  of  the  whole  be  adopted.  Are  you  ready 
for  the  question?  All  in  favor  of  the  motion  Avill  say  aye;  con- 
trary no.  The  ayes  have  it;  the  report  stands  adopted. 

Mr.  BARROW.  I  move  this  report  be  considered  the  en- 
grossed file,  read  the  third  time  and  put  upon  its  final  passage. 

Mr.  PRESIDENT.  The  committee  asked  leave  to  sit  again. 
You  have  adopted  so  much  of  the  report  as  fixes  the  legislative 
apportionment.  Is  that  the  matter  which  the  gentleman 
wishes  put  upon  its  final  passage? 

Mr.  BARROW.    It  is,  Mr.  President. 

Mr.  PRESIDENT.  The  committee  asked  leave  to  sit  again 
to  consider  this  file.  I  hardly  think  it  is  in  the  proper  shape 
to  be  read  the  third  time  and  put  upon  its  final  passage. 

Mr.  CAMPBELL.  I  move  we  now  adjourn  until  9  o'clock  on 
Monday  morning 

Mr.  PRESIDENT.  It  is  moved  and  seconded  that  the  con- 
vention do  now  adjourn  until  Monday  morning.  AJ1  in  favor  of 
the  motion  will  say  aye;  contrary  no.  The  ayes  have  it;  the 
convention  will  now  adjourn  until  9  o'clock  on  Monday  morn- 
ing. 


NINETEENTH  DAY. 


MORNING  SESSION. 

Monday  morning,  Sept.  23,  1889. 

Mr.  PRESIDENT.     Convention*  come  to  order.     The  secre- 
tary will  call  the  roll. 

Mr.  ELLIOTT.    I  move  a  call  of  the  house. 


CONSTITUTIONAL  CONVENTION. 

Mr.  PRESIDENT.  A  call  of  the  house  is  ordered.  All  in 
favor  of  the  motion  will  say  aye;  contrary  no.  The  ayes  have  it  ,* 
the  motion  prevails.  The  doors  will  be  closed  and  the  absen- 
tees brought  in  as  rapidly  as  possible. 

Mr.  ELLIOTT.  I  desire  to  make  a  suggestion.  It  seems  to 
ine  we  a  iv  going  to  have  to  drop  the  names  of  some  members 
off  the  roll  if  we  cannot  compel  them  to  be  present;  that  mem- 
bers who  are  absent  without  leave  be  dropped  from  the  roll. 

Mr.  PRESIDENT.  That  is  evidently  so  unless  members 
send  in  their  resignations.  That  I  take  it  would  be  the  more 
simple  way,  if  they  would  do  that.  If  they  don't  do  that  we 
have  got  to  protect  ourselves  in  some  way. 

(Bringing  in  of  absentees.) 

Mr.  ELLIOTT.    I  move  the  proceedings  be  dispensed  with. 

Mr.  PRESIDENT.  It  is  moved  and  seconded  that  further 
proceedings  under  the  call  be  dispensed  with.  So  many  as  are 
in  favor  of  the  motion  will  say  aye ;  contrary  no.  The  ayes  have 
it;  the  motion  prevails.  The  gentlemen  will  take  their  seats 
on  the  floor  of  the  house. 

Mr.  HAY.    I  move  rule  four  be  suspended. 

Mr.  PRESIDENT.  The  motion  is  that  rule  four  be  suspend- 
ed. All  in  favor  of  the  motion  will  say  aye;  contrary  no.  The 
ayes  have  it ;  rule  four  is  suspended.  File  No.  67,  puesentecfr  to 
the  convention  as  a  proposition  cannot  be  found.  Can  any  of 
the  committees  inform  us  as  to  whether  it  is  in  their  posses- 
sion? The  records  show  it  was  referred  to  Committee  No.  20. 

Mr.  ORGAN.  That  file  was  never  referred  to  us  to  my 
knowledge. 

Mr.  PRESIDENT.  I  wish  the  members  of  the  different  com- 
mittees would  look  through  their  different  files  and  see  if  the 
proposition  is  in  their  possession. 

(Reading  of  the  journal  of  the  eighteenth  day.) 

Are  there  any  objections  to  the  journal  as  read?  The  chair 
hears  none,  and  the  journal  will  stand  approved  as  read.  Re- 
ports of  standing  committees.  Are  there  any? 

Mr.  BAXTER.  I  would  like  to  say  a  word  before  submit- 
ting this  report.  Soon  after  the  substitute  was  referred  many 
members  of  our  committee  found  it  necessary  to  be  absent  a 
greater  portion  of  the  session  of  this  convention.  As  chairman 
of  that  committee  I  desired  to  extend  every  courtesy  to  the 
members  of  that  committee,  but  we  have  reached  such  a  late 
day  that  we  have  completed  the  report,  and  it  is  only  signed 
by  two  members.  I  am  unable  to  say  when  the  other  mem- 
bers wall  be  present,  and  if  the  convention  desire  it,  the  report 
can  be  submitted  at  this  time. 

Mr.  PRESIDENT.  Does  the  convention  de'sire  the  report 
submitted  at  this  time?  It  seems  to  be  the  general  wish  that 
the  report  be  submitted  at  this  time. 


PROCEEDINGS  AND  DEBATES. 


549 


Mr.  CAMPBELL.  I  move  the  report  be  referred  to  the 
printing  committee  with  instructions  to  act  at  once. 

Mr.  PRESIDENT.  The  chair  would  like  to  inquire  of  the 
printing  committee  before  this  motion  is  put  when  it  is  prob- 
able this  matter  can  be  printed  and  returned  to  the  convention. 

Mr.  CHAPLIN.  I  would  say  it  is  quite  likely  it  could  be 
returned  this  afternoon  or  tomorrow  morning. 

Mr.  PRESIDENT.  If  it  cannot'  be  returned  by  tomorrow 
morning  I  doubt  if  it  would  be  wise  to  have  it  printed  at  all. 

Mr.  HOYT.  I  suggest  that  it  might  be  well  to  put  the  mo- 
tion in  this  form:  That  it  be  referred  to  the  committee  on 
printing,  and  returned  tomorrow  morning  whether  printed  or 
not.  We  would  then  have  it  before  us  for  our  consideration 
even  if  it  was  not  printed. 

Mr.  PRESIDENT.  Under  the  rules,  after  reference  to  the 
printing  committee  the  matter  lays  upon  the  table  until  after 
being  printed,  and  then  comes  up  in  the  regular  order. 

Mr.  HAY.  I  move  to  amend  the  motion  to  print,  that  it  be 
referred  with  instructions  to  return  it  to  the  convention  tomor- 
rowr  morning.  That  would  bring  it  back  here  and  it  would  then 
take  its  course. 

Mr.  PRESIDENT.  The  motion  is  that  this  file  be  referred  to 
the  printing  committee,  with  instructions  to  return  it  tomor- 
row morning.  Are  you  ready  for  the  question?  All  in  favor  of 
the  motion  will  say  aye;  contrary  no.  The  ayes  have  it;  the 
file  is  so  referred. 

Mr.  IRVINE.  Mr.  Barrow  desires  that  I  should  ask  that  he 
be  excused  from  day  to  day. 

Mr.  FOX.  In  case  Mr.  Barrow  don' t0  intend  to  return,  I 
think  it  unwise  to  excuse  him  from  day  to  day,  and  I  ask  that 
he  hand  in  his  resignation  so  that  we  can  keep  a  quorum. 

Mr.  CAMPBELL.  I  move  his  name  be  dropped  from  the 
roll  if  his  resignation  is  not  sent  in. 

Mr.  PRESIDENT.  The  question  is  upon  the  motion  to  ex- 
cuse Mr.  Barrow  from  day  to  day  by  unanimous  consent  or 
by  a  motion  carried  by  a  majority  of  the  convention. 

Mr.  HAY.  I  would  like  to  ask  whether  there  is  any  proba- 
bility of  Mr.  Barrow?s  returning  at  all  or  not. 

Mr.  IRVINE.  I  will  be  frank  and  say  that  the  chances  are 
that  Mr.  Barrow  will  probably  not  return,  but  I  am  not  sure 
that  he  will  not  be  back. 

Mr.  PRESIDENT.  The  chair  would  suggest  that  it  would 
be  wise  to  amend  and  excuse  Mr.  Barrow  for  the  day. 

Mr.  IRVINE.  The  suggestion  is  a  good  one,  and  we  will 
carry  it  out  if  we  cannot  do  any  better,  but  Mr.  Barrow,  if  he 
had  thought  there  would  be  any  objection,  would  have  been 
here,  but  it  has  been  universally  the  rule  to  excuse  members 
from  day  to  day,  and  Mr.  Barrow  being  away  and  cannot  speak 


550  CONSTITUTIONAL  CONVENTION. 

for  himself,  it  is  only  right  that  he  should  have  the  same  treat- 
ment as  other  members. 

Mr.  HAY.  It  strikes  me  the  case  is  different  now.  While 
I  regret  the  absence  of  Mr.  Barrow,  and  desire  to  treat  him  the 
same  as  the  other  members,  still  we  must  be  very  careful,  and 
not  continue  to  excuse  members  until  we  are  without  a  quo- 
ruin. 

Mr.  PRESIDENT.  I  will  state  to  the  convention  at  this 
time  in  order  that  there  may  be  no  misunderstanding  hereafter, 
that  it  is  the  opinion  of  the  chair  that  it  does  lie  within  the 
power  of  this  convention  by  way  of  excusing  its  members,  to 
destroy  itself.  The  chair  will  hold  hereafter  that  where  ex- 
cusing a  member  seems  to  have  a,  tendency  to  destroy  the  con- 
vention, the  chair  will  hold  under  the  rules  that  no  motion  to 
excuse  can  be  ascertained,  and' it  will  take  three -fourths  major- 
ity to  carry  such  a  proposition.  Now  as  to  this  matter,  it  does 
not  seem  to  me  that  we  have  reached  that  point  exactly  where 
excusing  a  single  member  will  destroy  the  convention  or  its  ef- 
ficiency, and  I  am  not  called  upon  to  make  that  ruling  at  this 
time.  But  I  will  so  rule  in  the  future  when  excuses  are  de- 
manded. We  must  preserve  ourselves  from  destruction,  that  is 
one  of  our  first  duties. 

Mr.  BURRITT.  I  desire  to  say  in  explanation  of  my  posi- 
tion in  this  matter  that  in  three  or  four  cases  members  have 
stood  here  and  asked  to  be  excused  by  reason  of  important  busi- 
ness, and  wiio  are  now  enjoying  themselves  on  a  pleasure 
jaunt.  I  think  they  have  acted  in  bad  faith  toward  this  con- 
vention, and  in  future  I  don't  propose  to  vote  to  excuse  any 
member  on  important  business  unless  I  know  how  important 
that  business. 

Mr.  IRVINE.  In  behalf  of  Mr.  Barrow  I  desire  to  say  that 
he  is  not  away  on  a  pleasure  jaunt,  his  business  is  really  suf- 
fering because  of  his  absence.  The  last  issue  of  his  paper  was 
so  badly  printed  it  could  hardly  be  read,  and  he  is  very  anx- 
ious about  it,  and  it  was  really  necessary  that  he  should  go 
and  attend  to  it. 

Mr.  PRESIDENT.  The  question  is  on  the  motion  to  excuse 
Mr.  Barrow  from  day  to  day.  Are  you  ready  for  the  question? 
All  in  favor  of  the  motion  will  say  aye;  contrary  no.  The  noes 
have  it;  the  convention  refuses  to  excuse  Mr.  Barrow  from  day 
to  day. 

Mr.  IRVINE.    I  move  that  Mr.  Barrow  be  excused  for  today. 
Mr.  PRESIDENT.     Is  there  objection  to  Mr.  Barrow  being 
excused  for  the  day?  The  chair  hears  none;  Mr.  Barrow  is  ex- 
cused for  the  day. 

Mr.  SMITH.  On  behalf  of  Mr.  Burdiek  I  desire  to  ask  that 
lie  be  excused.  Mr.  Burdiek  has  been  here  every  day  during  the 
convention,  and  it  is  absolutely  necessary  that  he  go  home. 


PROCEEDINGS  AND  DEBATES.  551 

He  will  be  back  just  as  quick  as  he  can,  not  later  than  Wednes- 
day at;  the  latest,  and  I  trust  he  will  be  excused  without  put- 
ting it  to  a  vote. 

Mr.  BURRITT.  I  desire  to  say  on  behalf  of  Mr.  Burdick  that 
I  know  the  business  which  called  him  home,  and  if  I  had  been 
in  his  place  I  should  have  gone  whether  I  was  excused  or  not. 

Mr.  PRESIDENT.  The  question  is  on  the  motion  to  excuse 
Mr.  Burdick.  Is  there  any  objectkm  to  excusing  Mr.  Rurdick 
for  the  day?  The  chair  hears  none.  By  unanimous  consent  Mr. 
Burdick  is  excused. 

Mr.  JOHNSTON.  I  desire  to  offer  a  resolution  now  and 
have  it  take  the  usual  course.  ".Resolved,  That  it  is  the  sense 
of  this  convention  that  the  effort  being  made  to  establish  a 
deep  water  harbor  on  the  Texas  coast  lias  our  approbation,  and 
that  our  representative  at  Washington  be  requested  to  use  his 
best  endeavors  to  secure  the  building  of  such  harbor." 

Mr.  BURRITT.    Second  the  motion. 

Mr.  PRESIDENT.  The  resolution  will  lay  upon  the  table 
to  come  up  in  its  regular  order,  unless  the  rules  be  suspended 
for  its  immediate  consideration. 

Mr.  JOHNSTON.  I  move  that  the  rules  be  suspended  for 
the  purpose  of  considering  this. 

Mr.  PRESIDENT.  The  chair  would  suggest  that  it  has  oc- 
curred to  me  that  possibly  a  fuller  statement  of  the  situation 
might  be  agreeable  to  the  convention,  and  agreeable  to  the  gen- 
tleman himself  who  has  hastily  prepared  this  resolution,  and  if 
the  convention  take  that  new  of  it,  it  might  be  Avell  to  have  it 
referred  nnd  reported  back  this  afternoon. 

Mr.  JOHNSTON.  I  wish  to  have  the  resolution  referred  to 
the  committee  on  irrigation,  and  have  them  consider  it  at  once 
and  return  it  this  afternoon. 

Mr.  PRESIDENT.  Is  there  objection  to  the  resolution  offer- 
ed by  the  gentleman  from  Laramie  being  referred  to  the  com- 
mittee on  irrigation,  with  the  understanding  that  they  will 
report  by  the  .^f.'ernoon  session.  The  chair  hears  no  objection; 
the  resolution  is  so  referred  by  unanimous  consent.  We  have 
before  us  the  report  of  Committee  No.  17.  What  is  your  pleas- 
ure, gentlemen? 

Mr.  ELLIOTT.  I  move  the  report  be  adopted.  The  commit- 
tee had  authority  to  act  in  the  premises,  and  the  report  is  simp- 
ly an  indication  that  they  have  so  acted,  I  take  it, 

Mr.  PRESIDENT.  If  the  gentleman  thinks  it  necessary  to 
take  any  action  it  can  be  done. 

Mr.  ELLIOTT.  I  simply  thought  it  might  be  better  for  the 
convention  to  prove  the  report,  showing  that  they  have  acted 
within  the  line  of  their  power. 

Mr  PRESIDENT.  The  question  is  upon  the  approval  of 
your  committee  in  letting  a  contract  to  the  Bristol  &  Knabe 


CONSTITUTIONAL  CONVENTION. 

Printing  company  on  the  conditions  named  in  the  report.  Are 
you  ready  for  the  question?  All  in  favor  of  the  motion  will  say 
aye;  contrary  no.  The  ayes  have  it;  the  action  of  the  commit- 
tee is  approved.  Gentlemen,  there  is  no  further  business  for 
disposition  upon  the  table  this  morning,  and  we  are  now  ready 
to  go  into  committee  of  the  whole  upon  the  general  file  and 
special  order  of  Saturday  night,  which  was  not  completed. 

Mr.  BURRITT.  I  move  we  go  into  committee  of  the  whole 
for  consideration  of  the  special  order  and  general  file. 

Mr.  PRESIDENT.  Gentlemen,  you  have  heard  the  motion. 
All  in  favor  of  the  motion  will  say  aye;  contrary  no.  The  ayes 
have  it;  the  motion  prevails.  Will  Mr.  Hay  take  the  chair? 

Mr.  HAY.    I  would  rather  be  excused. 

Mr.  PRESIDENT.  Will  Mr.  Riner  take  the  chair?  We  are 
now  in  committee  of  the  whole,  Mr.  Riner,  of  Laramie,  in  the 
chair. 

Mr.  CHAIRMAN.  Gentlemen  of  the  convention,  wTe  were  con- 
sidering the  report  of  Committee  No.  6.  What  is  the  pleasure 
of  the  committee?  I  would  ask  here  if  the  committee  of  the 
whole  did  not  report  that  back  with  the  recommendation  that 
it  be  adopted.  I  am  not  certain  about  it. 
Mr.  IRVINE.  It  did. 

Mr.  CHAIRMAN.  My  recollection  of  the  business  was  this. 
We  had  the  reports  of  the  legislative  committees  as  well  as  the 
reports  on  apportionment.  The  apportionment  matter  was  dis- 
posed of  by  the  committee,  and  the  legislative  matter  was  yet 
under  consideration.  The  majority  report  of  No.  6  was  adopt- 
ed, relating  to  the  apportionment.  The  legislative  reports  are 
now  before  the  committee.  The  secretary  will  read  the  ma- 
jority and  minority  reports  of  Committee  No.  2. 

(Reading  of  the  reports  of  Committee  No.  2.) 

Gentlemen,  you  have  heard  the  reading  of  the  reports,  what 
is  your  pleasure? 

Mr.  BROWN.  I  wish  to  make  an  amendment  to  the  first  sec- 
tion of  the  majority  report,  by  striking  out  the  words  ''fourteen 
hundred-'  where  they  appear  and  inserting  "twelve  hundred." 
J  do  that  because  a  majority  seem  to  think  that  the  unit  of 
twelve  hundred  in  this  apportionment  matter  is  the  better  one 
to  be  adopted.  I  don't  agree  with  them  myself,  but  I  make  this 
motion  to  meet  the  apparent  wish  of  the  majority. 

Mr.  ELLIOTT.  I  do  not  wish  this  convention  to  think  that 
the  fact  of  my  signing  my  name  to  this  report,  indicates  that 
I  have  changed  in  any  way  my  original  views  upon  this  ques- 
tion. I  considered  that  the  convention  had  sent  back  this  re- 
port to  the  committee  with  instructions  to  frame  a  section 
upon  that  line  which  the  convention  had  indicated.  I  want  to 
call  the  attention  of  the  convention  at  this  time  to  the  fact  that 
it  was  stated  and  by  the  gentleman  who  offered  this  substitute 


PROCEEDINGS  AND  DEBATES. 

in  the  first  place,  that  it  made  no  difference  as  to  what  number 
you  divided  by.  The  unit  twelve  hundred  was  an  accident, 
so  to  speak.  It  had  been  fixed  upon  merely  by  chance,  and  with 
no  intention  of  benefitting  Laramie  county.  I  simply  wish  to 
show  to  this  convention  that  it  was  not  an  accident,  and  will 
proceed  to  take  the  unit  fourteen  hundred  and  take  the  proposi- 
tion they  submit  of  an  additional  member  where  the  remainder 
exceeds  two-thirds,  and  see  where  it  left  them.  By  taking  the 
unit  fourteen  hundred  Laramie,  Albany  and  Carbon  counties 
get  but  two  each,  and  you  can  see  whether  the  unit  twelve  hun- 
dred was  an  accident. 

Mr.  HAY.  I  want  to  say  that  the  number  was  not  taken  as 
;an  accident,  if  he  refers  to  me.  I  said  I  took  the  number  twelve 
hundred  simply  because  you  can  use  it  in  a  great  many  ways, 
and  I  don't  think  any  action  that  this  convention  has  taken 
since  that  time  has  shown  that  ,any  better  number  can  be  tak* 
en.  It  was  not  an  accident  at  all. 

Mr.  FOX.  I  have  got  this  figured  out  so  I  think  it  will  be 
more  satisfactory  to  everybody,  and  if  in  order,  I  move  that  tKe 
report  be  amended.  I  desire  to  submit  this  proposition. 

Mr.  CHAIRMAN.  The  motion  before  the  house  is  on  the 
report  of  Legislative  Committee  No.  2,  that  where- 
^ver  the  wrords  "fourteen  hundred"  appear  they  be  stricken  out 
and  "twelve  hundred"  inserted  in  lieu  thereof.  Are  you  ready 
for  the  question?  All  in  favor  of  the  motion  will  say  aye;  con- 
trary no.  The  ayes  have  it;  the  motion  prevails. 

Mr.  BROWN.  I  move  to  further  amend  that  section.  Strike 
•out  "thirteen"  and  insert  "sixteen"  and  strike  out  "twenty- 
•  eight"  and  insert  "thirty-two." 

Mr.  POTTER.  I  shoiild  think  that  thirty-three  would  be 
better. 

Mr.  BROWN.    I  accept  the  amendment. 

Mr.  CHAIRMAN.  Gentlemen,  you  have  heard  the  motion 
of  the  gentleman  from  Laramie  to  strike  out  twenty-eight  and 
insert  thirty-three  and  strike  out  thirteen  and  insert  sixteen. 
Are  you  ready  for  the  question? 

Mr.  BAXTER.  I  am  entirely  prepared  to  support  that  mo- 
tion, though  I  think  the  one  I  have  in  mind  will  be  more  satis- 
factory, and  I  would  like  to  state  it  to  the  committee  in  order  to 
see  what  they  think  of  it.  (Instead  of  taking  six  hundred,  that 
-five  hundred  should  be  taken,  and  one  member  for  a  fraction  of 
three  hundred  or  more.  The  lower  house  would  be  apportioned 
as  follows,  and  would  consist  of  thirty-five  members.  Albany 
county  with  twenty-six  hundred  and  eight  would  have  five  mem- 
bers and  an  overplus  of  one  hundred  and  eight. 

Converse  county  with  thirteen  hundred  and  seven  would 
have  two  and  an  overplus  of  three  hundred  and  seven,  which 
would  entitle  it  to  a  third  member,  three  in  all. 


554 


CONSTITUTIONAL  CONVENTION. 


Carbon  county  with  twenty-six  hundred  and  thirty-three- 
would  have  five  members  and  an  overplus  of  one  hundred  and 
thirty-three. 

Crook  county  with  eleven  hundred  and  fift}7,  two  members- 
and  one  hundred  and  fifty  over. 

Fremont  county  with  ten  hundred  and  forty-seven,  would 
have  two  and  an  overplus  oi  forty-seven. 

Johnson  county  with  nine  hundred  and  six  would  have 
two,  only  lacking-  eighty-four  of  the  second  five  hundred. 

Laramie  with  thirty-six  hundred  and  ninet3r-five  would  have- 
seven,  and  an  overplus  of  one  hundred  and  ninety-five. 

Sheridan,  with  eight  hundred  and  seventy,  would  have  two, 
lacking  but  one  hundred  and  thirty  of  the  second  five  hundred. 

Uinta  with  two  thousand  and  twenty-eight  would  have  four 
members,  and  an  overplus  of  thirty-seven.  You  will  notice  that 
the  overplus  in  the  larger  counties  is  smaller,  and  that  the 
counties  of  smaller  population  have  the  benefit  of  the  fractional 
representation.  It  seems  to  me  that  this  is  probably  as  fair  a 
plan  as  we  can  devise.  If  the  house  thinks  so  I  move  to  amend 
the  motion,  in  order  that  the  basis  of  representation  in  the  low- 
er house  may  be  five  hundred,  and  one  representative  to  every 
three  hundred  or  more  over  and  above  five  hundred.  According 
to  this  the  three  additional  members  will  go  to  Uinta,  Johnson 
and  Sheridan.  I  want  to  say  right  here  that  I  have  never  en- 
tertained, or  sympathized  with  any  feeling  of  hostility,  to- 
wards the  other  portions  of  the  territory,  simply  because  I  am  a 
resident  of  Laramie  county,  and  I  desire  to  give  every  district 
in  the  territory  just  recognition  in  this  apportionment,  i  GO 
not  think  thirty-five  will  be  too  large  for  the  lower  house. 

Mr.  HAEVEY.    Second  the  motion. 

Mr.  FOX.  Before  the  vote  is  taken  on  that  I  desire  to  sub- 
mit my  proposition.  I  think  six  hundred  is  better  than  five 
hundred,  and  I  think  thirty-three  will  cover  the  ground.  My 
arrangement  is  as  follows: 

'  Albany,  two  in  the  senate  and  five  in  the  house,  minus  one 
hundred  and  eighty-four. 

Carbon,  two  in  the  senate  and  five  in  the  house,  minus  one 
hundred  and  thirty-four. 

Converse,  one  in  the  senate  and  three  in  the  house,  Converse 
having  three  hundred  and  eighty-six  over. 

Crook,  one  in  the  senate  and  three  in  the  house,  having  three 
hundred  over. 

Fremont,  one  in  the  senate  and  two  in  the  house,  having 
three  hundred  and  six  over. 

Johnson,  one  and  two,  having  five  hundred  and  eighty-six: 
over. 

Laramie,  three  senators  and  six  representatives. 


PROCEEDINGS  AND  DEBATES.  555 

Sheridan,  one  senator  and  two  representatives,  having  six 
hundred  and  sixty  over. 

Sweetwater,  two  senators  and  two  representatives,  minus 
one  hundred  and  six. 

Uinta,  two  senators  and  three  representatives,  minus  one 
hundred  and  twenty-six. 

That  makes  it  as  even  as  it  can  be  made,  sixteen  senators 
and  thirty-three  representatives. 

Mr.  PRESIDENT.  The  question  is  on  the  amendment  of 
Mr.  Baxter  to  strike  out  thirty-three  arid  insert  thirty-five. 
Are  you  ready  for.  the  question? 

Mr.  HAY^  In  discussing  the  question  of  a  fair  apportion- 
ment, I  think  the  members  of  the  convention  have  lost  sight 
to  some  extent  of  the  great  increase  we  are  making  over  the 
legislative  assembly  of  the  territory,  and  I  think  that  about 
twenty-four  is  all  we  need,  or  at  least  we  can  get  along  with 
making  an  increase  of  five  per  cent,  and  even  this  is  going  to 
make  a  considerable  increase  in  the  expense,  and  there  is  no 
necessity  for  it  whatever.  We  can  get  along  with  a  much  less 
number  in  the  house,  and  I  don't  see  why  we  need  increase  it 
in  order  to  make  it  fair.  We  started  out  with  twenty- eight  and 
have  got  to  thirty-five  already,  an  increase  of  twenty-five  per 
cent,  and  if  the  thing  goes  on  I  don't  know  where  we  will  stop. 
A  legislature  of  over  fifty  members,  that  is  a  very  large  in- 
crease over  the  present  condition  of  things,  and  I  don't  think 
statehood  is  going  to  make  that  large  increase  necessary,  and 
I  don't  want  this  convention  to  lose  sight  of  the  large  increase 
in  the  expense  that  it  is  going  to  make.  I  think  wre  can  be 
just  as  fair  with  thirty  as  with  thirty-five. 

Mr.  BROWN.  I. am  opposed  to  the  increase  to  thirty-five, 
as  also  I  will  be  opposed  to  the  use  of  five  hundred  as  a,  unit 
instead  of  six  hundred.  The  fact  is,  I  am  opposed  to  this  whole 
scheme,  to  an  apportionment  upon  votes.  My  honest  convic- 
tion is  that  it  is  placing  a  premium  upon  rascality,  or  holding 
out  an  inducement  to  rascality.  Whenever  you  say  that  you 
will  apportion  your  representation  upon  the  basis  of  votes,  then 
you  are  saying  to  every  county  in  the  state,  run  up  your  vote  as 
high  as  you  can  in  order  to  get  a  large  representation,  and  in 
that  way  you  are  holding  out  an  inducement  to  fraudulent  vot- 
ing, and  that  has  been  practiced  in  my  judgment  in  some  of 
the  counties  to  quite  a  large  extent,  and  with  the  view  in  par- 
ticular of  increasing  their  representation.  Xow  as  a  system  I 
believe  it  to  be  wrong,  but  I  am  acting  in  this  matter  in  def- 
erence to  the  action  of  the  majority  on  the  floor  of 
this  convention,  and  I  proposed  this  amendment  of  changing 
this  from  fourteen  hundred  to  twelve  hundred  not  because  as  a 
matter  of  judgment  I  preferred  it,  but  because  the  majority 


-556  CONSTITUTIONAL  CONVENTION. 

seemed  to  favor  that  proposition,  and  inasmuch  as  they  did,  I 
was  willing  to  concede  that  much  in  the  interest  of  harmony. 
Xow  this  proposed  amendment  to  change  from  six  hundred  to 
'five  hundred,  and  to  increase  the  number  to  thirty-five  instead 
of  thirty-three,  I  am  opposed  to  that  change  in  toto.  My  own 
idea  was,  and  I  made  the  motion  simply  to  aid  what  I  believed 
to  be  a  wise  thing,  and  a  wise  amendment  on  the  part  of  this 
•convention,  to  give  to  two  of  these  northern  counties  an  addi- 
tional representative  in  order  that  they  might  not  think  that 
'the  people  who  reside  along  the  line  of  the  railroad  were  try- 
ing to  take  an  unfair  advantage  of  the  northern  part  .of  the  ter- 
ritory and  in  order  that  we  might  take  away  from  these  peo- 
ple who  reside  in  the  northern  part  of  the  territory  this  argu- 
ment against  statehood,  that  the  southern  part  of  the  territory 
is  unjust  in  its  apportionment,  and  we  may  therefore  conclude 
'that  they  seek  to  establish  statehood  in  order  to  take  advantage 
of  us  in  the  future  and  we  will  oppose  statehood  on  that  ground. 
I  say  now  in  order  to  take  away  that  argument  that  may  be 
used  in  the  north  against  us,  I  so  proposed  to  increase  this  to 
thirty-two,  in  my  judgment  as  far  as  it  ought  be  increased, 
and  I  think  those  two  ought  to  go  to  Sheridan  and  Johnson 
'counties,  if  added,  but  a  claim  has  been  made  in  behalf  of  Con- 
verse county,  for  a  third  one,  and  so  far  as  I  am  concerned  I 
-am  willing  to  accept  it,  but  when  we  undertake  to  increase  tlie 
representation  of  the  counties  along  the  line  of  the  railroad, 
beyond  what  it  already  stands,  I  am  entirely  opposed  to  that, 
and  to  any  such  increase.  If  we  want  to  be  generous,  if  we 
'want  to  give  these  northern  counties  an  additional  representa- 
tive out  of  our  generosity,  and  show  them  that  we  mean  to  be 
fair  towards  them,  let  us  give  it  to  them,  but  don't  ask  for  any- 
thing more  on  the  line  of  the  Union  Pacific,  we  have  got  enough. 

Mr.  POTTER  While  I  think  we  want  to  keep  the  number  as 
•low  as  possible,  I  should  prefer  thirty -three  to  thirty-two,  be- 
cause I  think  on  the  same  principle  that  Judge  Brown  has  sug- 
gested, in  his  argument  in  favor  of  an  increase  in  the  northern 
-comities  representation,  you  ought  to  give  Converse  county  an- 
other representative.  It  is  the  only  county  in  the  territory  that 
as  a  c()iint3r  represents  the  central  part  of  the  territory,  it  be- 
longs neither  to  the  north  or  the  south.  Sheridan  and  Johnson 
\ve  may  call  northern  counties,  but  Converse  represents  the 
central  portion  of  the  territory,  and  so  it  seems  to  me  it  will 
be  hotter  to  have  thirty-three  instead  of  thirty-two. 

Mr.  ELLIOTT.  I  don't  know  whether  I  am  speaking  only 
for  myself,  or  for  the  remainder  of  Johnson  county.  I  have  not 
discussed  this  with  them,  and  I  have  not  done  so,  designedly. 
I  think  that  this  is  a  matter  upon  which  we  must  each  and 
every  one  of  us  use  our  own  judgment,  and  I  did  not  wish  to 
•force  my  ideas  upon  them.  I  say  at  this  time  that  I  do  not 


PROCEEDINGS  AND  DEBATES. 

know  what  stand  they  will  take  in  regard  to  this  matter.  I 
wish  to  say  to  the  gentleman  from  Albany  that  as  one  of  the 
representatives  of  Johnson  county,  that  I  fully  appreciate  his 
action  in  this  convention,  his  generosity  in  this  convention, 
and  the  kindly  spirit  that  he  has  shown  toward  the  northern,; 
portions  of  this  territory,  and  it  was  for  that  reason  that  the 
delegates  gave  him  their  votes  as  permanent  president  of  this; 
convention.  NOAV,  sir,  in  examining  this  proposed  apportion- 
ment, we  find  that  Johnson  county  is  given  an  extra  member  of; 
the  house,  and  Sheridan  an  extra  member  of  the  house.  Why? 
Because  we  are  entitled  to  it?  No.  The  very  figures  themselves 
show  we  are  not  entitled  to  it,  it  is  thrown  to  us  as  a  sop.. 
It  is  to  quiet  us;  to  keep  us  still.  Now  I  say,  Mr.  President, 
for  myself  and  for  the  people  of  my  county,  so  far  as  I  know 
their  feelings  on  this  matter,  that  they  cannot  and  will  not  ac- 
cept any  proposition  that  perpetuates  the  legislature  of  the 
territory  of  Wyoming  in  the  manner  and  form  in  which  it  has; 
been  organized  in  past  years.  It  is  simply  expecting  them  to 
rivet  upon  their  necks  permanently  a  yoke  the  temporary 
wearing  of  which  has  galled  them  so  bitterly.  I  say  here  in  the 
presence  of  this  convention,  that  no  proposition  will  be  accept- 
able to  the  people  of  northern  Wyoming  that  does  not  remove- 
in  some  way  the  balance  of  power  from  where  it  now  stands. 
We  do  not  ask,  sir,  that  it  be  thrown  to  us,  that  would  be  un- 
just, unreasonable,  but  we  have  got  the  right  to  judge  of  the 
future  by  the  past,  what  we  know  of  the  past  and  of  the  presT 
ent,  and  I  say  to  you  that  the  constitution  of  the  legislature 
of  Wyoming  upon  the  same  basis  that  it  has  been  constituted, 
or  virtually  the  same  basis,  cannot,  to  our  minds,  bring  us 
anything  but  wrong  and  oppression.  Now  the  proposition  that 
we  offered  here  was  going  to  do  us  absolute  justice,  we  have 
asked  for  but  one  senator,  asked  but  for  one  representative^, 
but  we  ask  that  the  senate  shall  be  constituted  in  such  man- 
ner as  to  protect  us  from  the  larger  body.  I  say,  sir,  is  it  a  fair- 
and  honest  and  just  proposition,  and  I  say  therefore  for  my- 
self, as  far  as  I  am  concerned,  that  I  cannot  in  justice  to  myself 
and  to  my  people,  support  any  proposition  which  leaves  it  pos> 
sible  for  the  four  Union  Pacific  counties  to  control  the  state  of 
Wryoming. 

Mr.  McCANDLISH.  It  has  always  been  a  policy  of  mine  all 
my  life  if  I  can't  get!  what  I  want  to  take  all  I  can  get,  and 
on  this  question  I  have  felt  that  very  wray,  and  if  we  can  get 
two  let  us  get  them. 

Mr.  BURRITT.  I  endorse  both  the  sentiments  of  Mr.  Me- 
Cnndlish  and  also  Mr.  Elliott.  I  had  not  intended  to  express 
my  opinion  with  reference  to  this  at  all,  but  I  have  heard  so 
much  and  seen  so  much  I  am  constrained  to  explain  my  posr: 


CONSTITUTIONAL  CONVENTION. 

tion.  I  believe,  like  Mr.  McCandlish,  that  Johnson  county 
should  have  two,  if  they  can  get  them,  and  I  am  in  favor  of 
taking  these  if  we  can  get  them.  I  don't  care  for  what  purpose 
they  are  thrown  at  us,  whether  as  a  sop  or  otherwise,  but  if 
we  can  get  two  members  in  the  house  and  we  cannot  do  any 
better,  then  I  say  take  these  two.  On  the  other  hand  I  don't 
think  it  will  make  any  difference  with  the  position  that  the  peo- 
ple of  my  county  will  take  in  reference  to  statehood,  whether 
we  get  one  or  two  or  three.  I  believe  that  the  whole  theory  is 
wrong,,  and  I  rise,  sir,  to  make  an  explanation  of  my  position. 
Prom  both  political  parties  and  almost  every  county  in  the 
territory  on  the  line  of  the  Union  Pacific,  during  this  conven- 
tion, members  of  this  convention,  delegates  from  those  coun- 
ties, have  stood  up  here  on  this  floor  and  confessed  that  the 
vote  upon  which  you  now  undertake  to  apportion  the  represen- 
tation in  the  house  and  senate  was  a  fraudulent  and  illegal 
vote.  Now,  sir,  how  shall  you  go  to  the  people  of  this  terri- 
tory with  any  basis  of  representation  that  is  based  upon  a  fraud 
and  a  confessed  fraud?  Men  have  stood  up  here  and  confessed 
from  time  to  time  that  it  was  fraudulent.  When  we  had  the 
educational  qualification  up,  they  got  up  here  like  men  and 
confessed  it  as  the  honest  men  that  they  are.  Now  the  basis  of 
the  figures  upon  which  we  are  to  divide  this  should  be  popula- 
tion and  not  upon  fraudulent  votes.  I  am  perfectly  willing:, 
sir,  that  this  convention  should  send  the  Johnson  county  dele- 
gates back,  and  the  Sheridan  county  delegates  back,  with  the 
confession  in  writing  upon  your  journals,  that  because  Johnson 
and  Sheridan  counties  were  honest,  because  Johnson  and  She- 
ridan counties  had  no  railroad  trains  to  run  voters  in  to  in- 
crease their  vote,  because  they  have  no  mines  and  corporate 
interests  to  vote  illegal  voters,  they  shall  be  condemned  to 
wear  the  same  galling  yoke  to  which  Mr.  Elliott  has  referred, 
and  which,  sir,  the  people  of  Wyoming  know  they  are  wearing. 
The  people  of  southern  Wyoming  know  we  are  wearing  it,  be- 
cause you  have  stood  up  here  and  confessed  it.  There  was  but 
one  thing  that  could  have  been  done  by  this  con\erition  \vhich 
would  have  shown  your  good  faith,  and  that  was  the  proposi- 
tion which  \vas  introduced  here  and  so  eloquently  defended  by 
the  gentleman  from  Albany,  organizing  one  branch  of  the  leg- 
islature, so  the  «•.•  counties  in  the  iHith  couli!  have  au  e-pml 
.show,  ami  A  on  havr  deided  us  that,  and  there  is  ur.i:iini>-  thfit 
you  can  do,  nothing  that  you  can  give  us  upon  the  basis  of  this 
illegal  and  fraudulent  vote  that  will  change  the  balance  of 
power,  but  still,  j.s  Mr.  M'cOandlish  says,  if  we  c.innor  ^,>t  a 
whole  loaf  then  I  am  wiping  to  take  a  half  loaf.  I  b«»»v  in  suh 
mission  to  the  will  of  the  people,  and  I  say,  sir,  that  the  dispo- 
sition of  this  convention  and  the  confessions  heard  from  every 
delegation  on  the  line  of  the  Union  Pacific  road,  too  plainly 


PROCEEDINGS  AND  DEBATES. 


559 


that  the  southern  part  of  Wyoming  is  not  ready  to  re- 
lease its  grasp  upon  the  throat  of  northern  Wyoming.  j[  may 
add  further,  sir,  that  perhaps  these  chickens  will  come  home 
to  roost,  and  they  will  remember  this. 

Mr.  HOYT.  If  I  vote  for  this  proposition  it  will  not  be  on 
the  grounds  which  have  been  announced  here,  it  will  nut  be  as 
a  sop  to  any  portion  of  this  territory,  it  will  not  be  as  a  means 
to  secure  statehood,  but  it  will  be  because  I  thought  I  saw, 
and  I  announced  this  the  other  evening,  that  there  was  justice 
in  giving  to  that  portion  of  the  territory  which  is  rapidly  devel- 
oping, and  which  in  the  nature  of  things  is  going  to  have  a 
more  rapid  growth  than  ever  before  known,  giving  to  it  in  our 
apportionment  what  we  believe  it  will  be  entitled  to  when  it 
comes  to  have  representation  on  the  floor,  and  I  simply  rise  to 
reiterate  that  sentiment  that  we  are  not  here  to  give  a  sop  to 
anybody  to  obtain  statehood,  but  simply  to  give  it'  to  them  on 
the  ground  of  justice.  I  too,  sir,  was  in  favor  of  the  system 
proposed  for  the  distribution  of  the  members  of  the  senate,  I 
saw  many  good  reasons  for  it,  enough  to  decide  me  to  vote  on 
that  side,  to  throw  what  influence  I  might  have  in  favor  of  the 
constitution  of  that  body  in  a  manner  different  from  the  other 
body,  to  help  support  the  scale  of  justice. 

Mr.  PRESTON.  I  fully  support  and  endorse  everything  that 
has  been  said  by  Mr.  Elliott  and  by  Mr.  Burritt  on  the  ques- 
tion of  apportionment.  Now  I  cannot  see  what  right'  there  is, 
nor  what  good  can  be  done,  by  giving  to  Sheridan  and  Johnson 
counties  an  extra  representative  in  the  lower  house  simply  to 
get  the  delegates  from  that  portion  of  the  territory  to  vote  for 
the  proposition  that  has  been  submitted  to  this  committee.  A 
proposition  was  submitted  to  this  convention  a  few  days  ago, 
by  a  majority  of  the  legislative  committee  asking  that  each  and 
every  county  in  the  territory  have  an  equal  representation  on 
the  floor  of  the  senate.  In  other  words,  that  every  county  in. 
the  territory  should  have  but  one  senator.  Some  gentlemen 
who  have  advocated  the  giving  of  an  extra  representative  in 
the  house  to  Sheridan  and  Johnson  counties,  held  that  it  was 
not  right  that  the  people  of  Wyoming  territory,  that  the  differ- 
ent counties  of  the  territory  of  Wyoming,  or  the  state  of  Wyo- 
ming, should  be  represented  in  accordance  with  its  voters.  I 
want  to  say  to  you,  gentlemen  of  the  convention,  that  I  believe 
and  there  are  other  members  who  believe  that  the  representa- 
tion that  we  asked  for  in  the  senate  was  only  justice  and  right, 
and  I  want  to  say  on  behalf  of  Fremont  county,  this  morning 
in  the  convention,  that  there  is  nothing  that  you  can  concede 
so  far  as  the  lower  house  is  concerned,  to  the  northern  portion 
of  the  territory  that  will  right  the  wrong  done  us  in  denying 
the  representation  that  we  have  asked  for  in  the  senate.  Simp- 


560  CONSTITUTIONAL  CONVENTION 

ly  giving  an  extra  member  of  the  house  to  Johnson  and  Sheri- 
dan counties,  does  not  in  any  way  place  them  on  the  same 
footing  and  in  the  same  position  that  they  would  have  had,  had 
the  representation  been  accorded  them  on  the  senate  floor  as 
asked  for.  If  you  are  so  interested  in  the  northern  part  of  this. 
Territory,  if  you  are  so  interested  in  their  welfare,  if  you  are 
so  interested  that  they  shall  have  some  say  in  the  administra- 
tion of  the  affairs  of  the  state  of  Wyoming,  then  why  have- 
you  denied  them  the  only  thins  they  have  asked  for  at  the 
hands  of  this  convention  ? 

Mr.  BAXTER.  I  heard  the  other  day  in  one  of  our  sessions 
the  proposition  discussed  to  make  the  representation  equal  in 
the  state  senate,  and  I  have  talked  with  a  great  many  friends- 
upon  the  proposition,  and  I  have  listened  to  all  kinds  of  argu- 
ment upon  the  subject,  and  from  the  beginning,  and  all  through 
the  discussions  I  have  heard  on  this  matter  I  have  been  in- 
variably opposed  to  such  a  proposition,  and  I  have  been  so  op- 
posed upon  the  ground  of  conviction,  and  I  am  still  so.  I  be- 
lieve I  have  cast  an  honest  vote  upon  every  proposition  that 
has  come  before  us  for  consideration,  and  I  want  to  continue 
to  do  so,  and  what  the  gentleman  alleges  is  a  great  wrong  to 
the  northern  counties,  strikes  me  is  not  a  w^rong  at  all.  I  fail 
to  see  Avhere  there  can  be  any  wrong  in  it.  They  ask  for  some- 
thing that  will  correct  an  evil  which  we  have  all  seen  in  the 
past,  but  which  cannot  be  conceded  without  surrendering  the 
rights  of  the  people  in  other  parts  of  the  territory.  It  seems  to 
me  that  a  proposition  for  equality  of  representation  that  has- 
been  adopted  during  a  century  of  national  life,  during  the  ex- 
istence of  this  republican  form  of  government  in  this  country, 
is  good  enough  for  the  state  of  Wyoming.  Why  is  it  that  the 
people  in  one  section  should  be  practically  disfranchised  in  one 
branch  of  the  legislature  in  order  that  we  may,  or  think  we 
may,  correct  an  evil?  How  claim  that  the  evil  will  be  corrected? 
I  am  as  well  aware  as  any  one  is  that  honest,  square  legislation 
has  not  been  possible  in  the  past  because  of  the  large  represen- 
tation compared  with  others,  but  would  this  do  away 
with  such  things  in  the  future?  It  seems  to  me  that 
if  the  first  senate  shall  consist  of  one  member  from  each  county 
it  is  only  a  matter  that  they  shall  agree  upon  among  them- 
selves. That  one  man  can  be  satisfied  in  taking  so  much  from 
the  public  treasury  to  vote  for  a  measure,  provided  another  is 
permitted  to  take  so  much  for  his  pet  scheme,  and  the  same 
disgraceful  state  of  affairs  we  have  seen  in  the  past  may  be 
seen  in  the  future.  There  is  no  guarantee  that  we  shall  not 
have  the  same  state  of  affairs  in  the  future  as  in  the  past.  I 
am  free  to  say  to  this  convention  that  I  used  every  possible 
means  I  had  in  the  last  legislature  to  prevent  the  general  grab 


PROCEEDINGS  AND  DEBATES.  561 

that  was  participated  in  in  the  completion  of  public  works  in 
this  territory  at  that  time.  I  never  come  into  this  beautiful 
building  that  I  donV  see  the  unnecessary  expenditure  of  the 
many  thousands  of  dollars  appropriated  for  the  building  of 
these  wings,  although  I  admit  that  the  work  has  been  done  as- 
well  as  we  could  do  it,  and  much  as  I  admire  it,  but  I 
claimed  at  the  time  that'  the  main  portion  of  the  building  as  it 
then  stood  was  all  that  we  needed  for  ten  years  to  come,  and  in 
my  judgment  there  was  no  reason  wrhy  it  should  be  completed. 
It  was  completed  simply  by  the  fear  of  Laramie  county  that 
unless  they  got  the  money  at  that  time,  there  was  some  danger 
of  their  never  getting  it  at  all,  and  because  they  believed  it  a 
matter  of  personal  necessity  at  that  time.  And  I  opposed  the 
appropriation  for  the  penitentiary  at  Rawlins,  simply  because 
I  thought  we  had  no  need  of  twro  jails.  It  will  cost  us  twice  as 
much  to  take  care  of  our  convicts  as  it  costs  under  the  present 
system.  The  only  legitimate  appropriation  made  in  that  gen- 
eral grab  was  the  appropriation  made  for  the  university  at 
Laramie  City.  The  former  appropriation  had  only  been  suffi- 
cient for  them  to  commence  with,  and  they  ought  to  have  had 
U,  but  we  had  no  use  for  these  aditional  wings  to  this  capitol, 
we  had  no  use  for  the  penitentiary  at  Rawlins,  we  had  no  use 
for  the  insane  asylum  at  Evanston.  We  had  a  few  of  those  un- 
fortunates among  us,  but  they  could  be  well  taken  care  of  with' 
out  the  erection  of  this  asylum,  and  at  much  less  expense.  I 
have  never  seen  the  deaf  and  dumb  asylum,  and  I  have  never 
seen  the  poor  farm  at  Lander,  and  I  say  we  had  no  use  for  them, 
but  in  order  to  reward  these  counties,  in  order  to  reconcile  them 
to  this  general  grab  from  the  treasury,  these  things  were  given 
to  them.  But  that  is  past,  but  we  don't  want  that  in  the  fu- 
ture, but  it  cannot  be  provided  against  in  the  manner  ure:ed 
on  this  floor.  I  agree  with  what  has  been  said  upon  the  ques- 
tion of  representation  upon  the  population  instead  of  votes, 
and  I  should  prefer  to  make  this  apportionment  upon  the  pop-- 
ulation  instead  of  votes  if  we  could  get  at  what  the  population? 
is,  but  we  don't  know  what  it  is,  and  it  seems  to  me  that  the 
vote  is  as  near  as  we  can  get1  to  it.  The  amendment  which  jf 
introduced  here  I  did  not  introduce  with  the  idea  of  throwing 
a  sop  to  anybody.  I  was  convinced  when  this  matter  was 
brought  up  before  the  committee  the  other  day  that  it  was  un- 
just,, and  I  so  expressed  nryself  at  the  time,  and  my  idea  was 
that  Johnson  and  Sheridan  counties  should  have  a  joint  rep- 
resentative for  their  surplus,  and  Carbon  and  Albany  should 
have  a  joint  representative  for  their  overplus,  and  I  still  think 
that  that  would  be  as  fair  as  we  can  arrange  it  possibly,  al- 
though I  don't  think  that  joint  representatives  are  as  effective 
as  they  ought  to  be.  They  are  apt  to  represent  the  county 

— 36 


562 


CONSTITUTIONAL  CONVENTION. 


from  which  they  come,  rather  than  the  district  which  they  rep- 
resent. But  my  idea  was  simply  this,  to  get  at  as  near  as  pos- 
sible some  basis  of  representation  that  should  be  as  fair  as 
we  could  make  it,  and  taking  the  basis  of  five  hundred  we 
would  have  the  three  counties  that  are  minus  a  sufficient  num- 
ber to  entitle  them  to  a  full  representation  upon  the  floor,  the 
counties  of  Johnson,  Sheridan  and  Converse.  Converse  is  one 
hundred  and  ninety-three  short  of  the  full  number  to  entitle 
her  to  a  third  member  in  the  house,  Johnson  county  is  but 
eighty -four  short  to  entitle  her  to  a  second  member  in  the 
house,  and  Sheridan  county  is  one  hundred  and  thirty  short 
of  the  full  number  to  entitle  her  to  two  representatives,  and  I 
believe  the  figures  I  have  already  given  here  will  give  us  as  fair 
an  aportionment  as  we  can  possibly  have. 

Mr.  CAMPBELL.  I  am  in  favor,  of  this  increase.  I  don't 
think  that  you  can  make  a  legislature  too  large,  and  I  am  in  fa- 
vor of  as  large  an  increase  in  the  members  of  the  legislature  as 
we  can  make  it  and  for  this  reason :  The  history  of  this  country 
shows,  especially  this  western  country,  that  where  the  prize  of 
a  United  States  senatorship  is  at  stake  large  amounts  of  mon- 
ey are  spent,  first  in  the  election  of  members,  and  afterwards 
in  buying  them  up,  the  members  of  the  legislature,  and  I  be- 
lieve in  making  it  as  dear  as  possible  when  the  prize  is  great. 
I  believe  the  only  wray  w7e  can  remedy  this  evil  is  to  increase  the 
number  of  the  legislature  and  make  it  as  high  as  possible.  In 
Colorado  we  know  the  amount  of  money  that  has  been  spent 
there  in  the  election  of  members  of  the  lower  and  upper  house 
for  getting  control  to  send  certain  persons  to  the  United  States 
senate,  and  in  some  of  the  other  western  states  we  know  what 
has  been  done  in  this  respect,  and  I  believe  the  only  wray  we  can 
remedy  this  matter  is  to  make  the  legislature  a.s  large  as  pos- 
sible, consistent  with  our  means  of  paying  the  expenses  of  a 
large  representative  body.  As  to  where  these  conditional  mem- 
bers should  go,  that  is  another  matter. 

Mr.  TESCHEMACHEE.  I  would  like  to  bring  this  conven- 
tion back  to  the  subject  before  them.  The  majority  report  of 
tne  committee  on  apportionment  has  been  adopted.  There  were 
four  sections  in  that  majority  report,  but  the  members  of  this 
convention  don't  seem  to  have  heard  but  one,  and  that  was  the 
fourth  section,  and  all  the  others  went  in  one  ear  and  out  of 
the  other.  The  apportionment  report  which  has  been  adopted 
provided  that  the  legislature  shall  be  apportioned  on  the  census 
of  1890,  and  provides  for  another  apportionment  to  be  made  by 
this  state  in  1895.  The  fourth  section  provides  for  a  special 
legislature  and  that  legislature  is  the  first  one  to  be  called  af- 
ter we  are  admitted.  Now  that  one  special  legislature  is  the 
only  one  that  is  to  be  apportioned  by  this  convention,  because 


PROCEEDINGS  AND   DEBATES.  563 

the  ivport  says  that  thereafter  the  legislature  shall  apportion 
it  in  conformity  with  the  population  of  the  state  of  Wyoming, 
as  shown  by  its  census.  Now  I  feel  this  way  about  the  objec- 
tion made  by  my  friend,  Mr.  TJurritt,  from  Johnson  county.  If 
the  southern  part  of  Wyoming  is  going  to  hold  its  grip  on  the 
throat  of  northern  Wyoming,  they  will  only  do  it  because  the 
southern  counties  will  be  the  more  populous  counties,  they  will 
have  the  bigger  population  and  will  naturally  have  the  larger 
influence.  But  if  this  is  not  the  case,  and  the  increase  is  going 
to  come  in  central  and  northern  Wyoming  we  will  have  one  last 
grip  this  time,  and  then  we  will  have  to  let  go.  We  may  have 
our  hands  on  their  neck  just  one  more  hundred  days,  and  dur- 
ing those  hundred  days  we  will  grab  the  north  and  grab  it  hard 
perhaps,  but  I  don't  think  that  we  will  do  all  the  grabbing,  and 
it  will  not  be  long  before  the  north  will  have  a  grab  at  our 
throat.  Now  if  you  will  simply  come  down  to  the  question  be- 
fore this  committee,  it  is  simply  this:  The  committee  decided 
the  other  day  that  there  should  be  thirty  members  in  the  house 
and  now  if  you  change  this  report  of  the  legislative  committee 
as  suggested  here,  you  will  ha,ve  the  report  of  the  apportion- 
ment committee  fixing  the  number  at  sixteen  and  thirty  and 
the  report  of  the  legislative  committee  fixing  the  number  at 
sixteen  and  thirty-five  or  thirty- three,  whichever  of  the  amend- 
ments carries,  and  you  will  then  have  to  go  to  work  to  make 
these  reports  conform.  I  am  willing  to  accept  thirty-five,  as  I 
am  in  favor  of  a  large  legislative  body,  but  if  you  will  come 
right  down  to  the  question  before  us,  all  we  have  got  to  do  is 
to  fix  the  number  of  this  legislative  assembly.  That  is  all 
this  convention  has  to  do. 

Mr.  BROWN.  I  wish  to  say  one  word  in  explanation  if  I 
have  been  misunderstood.  My  idea  was  not  to  throw  a  sop  to 
the  northern  counties.  Nor  did  I  think  that  it  would  do  exact 
justice  to  the  northern  counies,  but  as  I  believed  this  con- 
vention had  denied  them  exact  justice,  I  was  in  favor  of  doing 
the  best  that  we  could  under  the  circumstances.  That  is  all, 
to  approach  justice  in  some  degree,  and  it  seemed  to  me  that 
this  move  to  fix  the  number  at  thirty -three  in  the  first  legisla- 
ture was  at  least  approaching  justice  for  the  north,  and  there- 
fore I  favored  that  number,  but  I  am  opposed  to  thirty-five, 
because  it  is  increasing  our  membership  in  the  south  over  our 
fair  proportion.  I  am  simply  expressing  my  own  sentiments 
upon  the  question,  and  right  here  I  want  to  say  that  I  think 
that  no  one  has  heard  me  accuse  any  member  of  this  conven- 
tion of  acting  under  improper  motives  at  any  time.  If  I  ever 
have  I  have  to  beg  the  pardon  of  every  member  in  it.  I  have 
never  so  understood  myself  as  expressing  such  words.  I  have 
always  believed  that  every  member  was  acting  upon  their  best 


564  CONSTITUTIONAL  CONVENTION. 

judgment  as  to  the  proper  method  of  arriving  at  what  is  right. 
I  claim  that  for  myself,  and  I  freely  accord  to  every  other  man 
in  the  convention  just  what  I  claim  for  myself.  We  may  differ 
in  our  opinion  upon  all  these  questions  but  let  us  never  say  that 
because  we  differ  in  opinion  with,  each  other  that  wre  are  act- 
uated by  improper  motives.  I  do  not  like  that  idea  at  all.  Now 
as  to  this  number  thirty-three.  I  certainly  hope  that  it  will  be 
fixed  at  that  instead  of  thirty-five. 

Mr.  CHAIRMAN.    The  question  is  on  the  amendment. 

Mr.  HAY.  I  would  like  to  vote  for  one  part  and  not  for 
the  other.  I  would  ask  the  gentleman  to  make  a  division  of  his 
motion. 

Mr.  COFFEEN.  Some  of  the  members  thought  that  I  had 
a  little  more  than  my  share  of  the  discussion  the  other  night, 
and  you  know  how  it  came  about  and  what  a  rush  there  was 
to  crowd  this  to  a  vote,  and  I  did  what  I  could  to  prevent  it. 
The  arguments  I  made  at  that  time  have  not  been  answered, 
and  will  not  be.  I  wish  to  simply  call  your  attention  to  a  few 
things  concerning  the  situation  as  it  stands  at  present,  without 
any  amendment  being  made.  It  has  been  conceded  and  agreed 
by  a  majority  of  this  convention,  on  a  former  occasion,  that 
every  county  should  have  a  representative  in  the  senate,  and 
therefore  no  argument  should  be  drawn  from  the  apportionment 
of  the  senate  to  bear  upon  the  house,  for  as  a  matter  of  prin- 
ciple we  have  agreed  that  every  county  should  have  one  sena- 
tor and  that  as  a  matter  of  right,  and  not  as  a  compromise. 
Let  us  look  at  the  situation  as  it  stands  now.  On  the  adop- 
tion of  the  majority  report,  we  have  thirty  representatives,  and 
sixteen  senators.  And  the  amount  of  it  is  just  this,  that  the 
four  counties  on  this  railroad  here  will  have  twenty-two  mem- 
bers in  the  house  against  eight  in  the  outside  counties,  which  is 
equal  to  saying  that  the  outside  counties  away  from  this  rail- 
road shall  have  no  chance  whatever.  And  again,  in  the  senate, 
the  situation  is  this,  they  have  eleven  in  these  railroad  coun- 
ties, their  representation  controls  the  senate  absolutely,  and 
only  five  outside  of  it,  as  I  say  more  than  one-half,  again.  You 
don't  have  to  use  the  slightest  effort  to  carry  every  point.  They 
are  absolutely  under  your  control.  But  let  us  look  at  the  north- 
ern counties.  Johnson  county  has  nine  hundred  and  sixteen 
votes,  and  she  has  one  member  in  the  house  as  it  uow  stands. 
Four  times  that  nine  hundred  and  sixteen  makes  three  thous- 
and six  hundred  and  sixty  four,  a  little  less  than  the  vote  of 
Laramie  county,  which  should  entitle  her  on  the  same  basis  to 
four  representatives,  and  you  have  given  her  six.  Then  take  Al- 
bany county,  three  tunes  Johnson  county's  vote,  gives  you 
twenty-seven  hundred  and  forty-eight,  a  trifle  more  than  the 
vote  of  Albany  county,  so  you  will  see  that  Albany  county  is 


PROCEEDINGS  AND  DEBATES. 


565 


entitled  to  three  to  Johnson  county's  one,  but  .yon  give  her  five 
to  one.  Take  Carbon  county,  three  times  Johnson  county,  is 
twenty-seven  hundred  and  forty-eight,  so  that  on  this  ratio  Car- 
bon county  has  a  little  more  than  to  entitle  her  to  three,  but 
you  have  given  her  five  to  Johnson  county's  one  again.  These 
are  the  considerations  the  people  will  look  into,  they  will  look 
into  these  figures,  and  I  plead  with  you  to  make  an  examina- 
tion of  these  facts.  The  same  comparison  will  hold  good  in 
Sheridan  county,  as  compared  to  these  with  a  slight  change. 
Three  times  Sheridan's  vote  is  twenty-six  hundred  and  ten, 
which  will  correspond  to  Albany  and  Carbon  county's  vote,  so 
they  would  be  entitled  to  three,  and  you  have  given  them  five, 
and  the  same  applies  to  Laramie  county  on  this  basis  she 
would  be  entitled  to  four,  and  she  has  six. 

Mr.  HOLDER.  I  had  thought  this  morning  that  I  would 
not  allow  myself  to  make  a  speech.  I  did  not  feel  disposed  to 
enter  this  free  for  all.  It  appears  to  me  that'  the  greater  part 
of  this  discussion  has  been  a  sort  of  general  expression  of  the 
views  entertained  by  various  members  in  relation  to  this  mat- 
ter of  apportionment,  without  being  directed  particularly  to 
the  question  now  before  the  house,  and  I  feel  disposed  to  follow 
the  lead  of  the  rest  of  the  members  present  with  reference 
to  this  matter.  This  is  the  first  tune  that  I  have  said  anything 
on  this  floor  with  reference  to  this  important  matter  of  ap- 
portionment, or  with  reference  to  the  basis,  or  the  constitution 
of  the  legislature  of  this  state.  My  own  view  with  reference 
to  this  matter  is  that  while  the  house  of  representatives  should 
be  based  upon  the  representation  of  the  population  of  the 
state,  that  the  senate  ought  not  to  be.  For  this  reason.  It 
seems  to  me  that  the  only  object,  the  only  reason  that  we  can 
oft'er  why  we  should  have  a  senate  is  because  we  ought  to  have 
some  check  upon  hasty  legislation.  To  illustrate  my  idea. 
Your  waiter  brings  you  a  hot  cup  of  tea;  he  also  brings  you 
a  saucer.  You  have  use  for  the  saucer  for  the  purpose  of  cool- 
ing the  beverage,  in  order  that  it  may  be  subjected  to  your 
use  without  injury  to  yourself.  Now  that  is  the  Xiew  that  I 
take  of  the  use  of  the  senate.  It  is  simply  intended  to  serve  as 
a  check  to  hasty  legislation,  to  cool  it  off,  if  you  will  allow  me  to 
use  that  expression.  I  have  not  heard  any  reason  offered  by 
members  who  are  opposed  to  this,  why  that  should  not  be  the 
case,  but  the  convention  by  its  vote  said  that  they  are  not  wil- 
ling to  accept  that'  plan.  Now  I  feel  disposed  to  quarrel  with 
them,  but  I  have  no  disposition  whatever  to  impugn  the  motive 
of  any  member.  I  believe  that  every  member  here  is  desirous  of 
doing  that  which  shall  redound  to  the  greatest  possible  good 
of  the  state  of  Wyoming.  Now  if  I  cannot  get  what  I  want, 
I  am  willing,  like  my  friend  from  Johnson  county,  to  take  the 


CONSTITUTIONAL  CONVENTION. 

next  best  thing.  Therefore  I  prefer  the  amendment  suggest- 
ed by  Judge  Brown,  because  I  believe  it  comes  more  nearly  to- 
being  fair  in  this  matter,  and  I  object  to  the  increase  to  thirty- 
five,  because  I  think  we  had  better  make  it  thirty-three,  I  think 
it  is  the  better  number. 

Mr.  JEFFREY.  I  don't  rise  because  I  have  much  to  say 
on  this  subject,  but  I  merely  wish  to  say  that  I  think  that  this 
question  has  been  discussed  and  argued  from  every  possible 
standpoint,  and  unless  the  members  present  are  prepared  to 
vote  upon  this  question,  I  am  very  much  mistaken.  I  presume 
that  they  have  figured  it  out  for  themselves,  and  I  therefore 
think  that  if  we  are  to  proceed  to  a  vote  upon  this  question 
we  might  as  well  do  so  now,  without  any  further  delay  in  the 
matter. 

Mr.  CHAIRMAN.  The  question  is  on  the  amendment.  All 
those  in  favor  of  the  amendment  will  say  aye;  contrary  no. 
The  chair  is  in  doubt.  All  those  in  favor  of  the  amendment 
will  rise  and  stand  until  counted — 12.  Those  opposed  will  rise 
—19.  The  amendment  is  lost.  The  question  is  now  on  the 
amendment  of  Mr.  Fox,  to  strike  out  the  word  twenty-eight 
and  insert  thirty-three.  All  in  favor  of  the  motion  will  say  aye; 
contrary  no.  The  ayes  have  it;  the  motion  prevails. 

Mr.  HARVEY.  I  now  move  that  the  report  of  the  commit- 
tee be  so  amended  as  to  take  up  that  portion  which  refers  to 
the  senate,  and  incorporate  the  original  report  of  the  majority 
of  the  legislative  committee,  going  back  to  the  one  senator 
idea. 

Mr.  PRESTON.  Second  the  motion. 

Mr.  CHAIRMAN.  It  is  moved  and  seconded  that  the  sec- 
tions of  this  file  be  so  amended  that  the  sections  referring  to 
the  senate  be  stricken  out,  and  the  third  section  of  the  origi- 
nal majority  report  of  the  legislative  committee  be  inserted 
in  lieu  thereof. 

Mr.  PRESTON.  I  move  that  during  the  discussion  of  this 
question  that  lobbyists  be  kept  off  the  floor  of  the  house. 

Mr.  CHAIRMAN.  The  gentlemen  will  keep  off  the  floor  of 
the  house. 

Mr.  HARVEY.  I  introduced  this  amendment  in  perfect 
good  faith,  for  I  have  listened  with  a  good  deal  of  interest  to 
all  that  has  been  said  and  the  arguments  by  the  gentleman  from 
Laramie  county  have  convinced  me  more  strongly  than  ever 
of  the  justice  and  wisdom  of  this.  The  argument  this  morning 
has  shown  beyond  question  that  the  majority  has  disregarded 
utterly  the  rights  of  the  minority  in  the  past.  They  say  we 
have  got  all  we  want.  We  have  got  our  state  house,  now  num- 
ber two,  we  will  give  you  the  same  privilege  we  had,  plunder 
until  you  get  away  writh  all  you  want.  You  as  a  majority,  hon- 


PROCEEDINGS  AND  DEBATES.  567 

orable  enough  in  every  sense  as  individuals,  but  as  a  ma- 
jority, confessedly  you  have  plundered  this  territory.  Now  I 
propose  to  see  that  the  minority  are  represented.  This  ques- 
tion needs  no  argument.  You  have  given  away  your  own  case. 
This  principle  is  right,  and  I  think  this  house  will  concede  the 
justice  and  wisdom  of  the  policy. 

Mr.  MORGAN.  I  think  that  the  gentleman  has  entirely  mis- 
understood the  position  of  the  Laramie  county  delegation. 
Their  position  was  that  the  apportionment  should  be  upon 
the  basis  of  the  inhabitants  of  the  county,  that  each  man  in 
every  county  was  entitled  to  his  equal  share  of  representation 
and  that  in  adopting  the  one  senator  idea  it  would  deprive  me 
of  an  equal  representation  in  making  the  laws  of  my  country, 
as  compared  with  some  other  man  in  some  other  county. 
And  so  far  as  the  majority  is  concerned  it  is  more  than  prob- 
able that  the  largest  number  of  the  legislature  will  come  from 
some  of  the  northern  counties  in  a  very  short  tune.  I  believe 
that  within  a  few  years  the  north  will  increase  much  more 
than  any  other  portion  of  the  territory. 

Mr.  POTTEK.  I  think  there  is  another  question  to  be  con- 
sidered here.  I  believe  the  gentleman  from  Converse  county 
acted  in  entirely  good  faith,  but  after  all  is  it  perfectly  fair  to 
bring  this  matter  up  now  ?  This  matter  has  already  been  acted 
upon,  and  several  members  of  this  body  who  voted  upon  this 
matter  have  gone  away,  writh  the  understanding  that  it  was 
settled,  and  did  not  expect  it  would  be  brought  up  again,  and 
it  seems  to  me  that  it  is  hardly  fair  to  bring  this  up,  at  this 
time. 

Mr.  BURRITT.    Is  a  matter  ever  settled  until  it  gets  before 
the  convention  for  a  vote  ? 

Mr.  BAXTER  As  this  matter  has  been  brought  up,  I  want 
to  say  a  word.  I  am  opposed  toi  the  adoption  of  this  amend- 
ment, and  I  am  opposed  to  it'  because  I  don't  believe  it  is  right 
in  principle  or  right  in  any  other  way  that  you  can  look  at  it. 
The  only  reason  that  I  can  conceive  for  such  a  proposition 
being  submitted  for  the  consideration  of  this  convention  is  be- 
cause of  the  fact  that  the  senate  of  the  United  States  is  so 
composed,  but  there  is  absolutely  no  parellel  between  the  two 
cases.  The  United  States  senate  represents  the  equality  of 
the  states,  and  while  we  know  that  now  the  states  do  not 
bear  the  same  relations  as  they  were  intended  to  a  hundred 
years  ago,  we  know  what  their  relations  were  as  well  as  we 
know  of  our  own  existence. '  The  result  of  the  revolution  was 
not  the  creation  of  one  nation,  but  of  thirteen  sovereign,  in- 
dependent states,  and  not  states  in  the  sense  we  use  the  term 
today,  but  in  the  sense  that  they  were  sovereignties,  and  took 
their  position  before  all  the  powers  as  independent  and  sov- 


568  CONSTITUTIONAL  CONVENTION. 

ereign  nations.  The  states  were  jealous  of  each  other,  but  they 
felt  the  necessity  of  some  general  government.  They  framed 
Tin?  constitution  of  the  United  States,  and  was  it  not  on  the 
express  condition  that  there  should  be  equal  representation 
in  some  body  of  its  legislature  that  that  was  done.  That  the 
smallest  and  most  insignificant  of  the  sovereign  states  claimed 
equal  representation  in  the  senate  of  the  United  States.  The 
question  of  population  or  industrial  development  cuts  no  fig- 
ure whatever,  when  you  put  two  sovereignties  together.  The 
states  demanded  equal  representation  in  one  of  the  legislative 
bodies,,  and  would  not  enter  into  the  union  unless  that  was 
done,  and  it  was  for  that  reason  that  the  senate  of  the  United 
States  was  constituted  as  it  is.  But  now  as  to  the  counties 
in  flie  territory.  Do  they  claim  sovereignty?  Is  a 
mar.  a  citizen  of  a  county?  I  surely  propose  to  be  a 
citizen  of  the  state  of  Wyoming.  My  home  may  be  in  Laramie 
county  or  in  some  other  county,  but(  I  am  a  citizen  of  the  state, 
and  the  people  of  the  state  are  entitled  to  representation.  It 
so  happens  since  my  residence  in  Wyoming  my  property  has 
been  mostly  in  the  county  of  Fremont,  and  I  have  gone  there 
year  after  year  to  look  after  my  private  matters,  and  I  have  as 
mnnv  friends  there  as  T  hnve  in  any  other  Dart  of  the  territory. 
For  the  past  two  years  I  have  had  interests  in  Johnson  county 
and  I  go  there  annually  to  look  after  those  interests,  and  I 
come  in  contact  with  the  people  of  that  county,  and  as  I  say  I 
have  friends  in  both  of  those  counties  and  I  have  no  desire  to  be 
unjust  to  anybody,  but  I  want  to  do  what  is  right  in  this  mat- 
ter. Suppose  that  hereafter  annually  it  was  demanded  that 
the  revenue  should  be  divided,  so  that  each  .county  should  pay 
an  equal  part,  so  that  each  county  should  pay  just  exactly  the 
same  amount  as  another  county,  no  matter  how  great  the  dif- 
ference as  to  the  value  of  the  property  in  the  various  counties 
should  be,  but  that  every  county  should  contribute  to  the  gen- 
eral fund  such  an  amount  as  would  represent  the  amount  con- 
tributed by  another.  No  one  would  entertain  such  a  proposi- 
tion as  that  for  a  moment,  but  it  seems  to  me  that  the  idea  is 
just  as  consistent  as  that  they  should  have  an  equal  represen- 
tation in  the  senate.  It  strikes  me  as  a  most  extraordinary 
proposition.  Now  the  argument  has  been  used  here  that  be- 
cause the  states  have  an  equal  representation  in  the  senate 
of  the  United  States,  that  the  counties  should  have  an  equal 
representation  in  the  senate  of  the  state.  But  it  has  been 
shown  here  that  the  counties  do  not  bear  the  same  relation  to 
each  other  as  do  the  states  of  the  union.  A  man  is  not  a  res- 
ident or  citizen  of  any  county,  but  he  is  a  citizen  of  the  state, 
and  it  seems  to  me  that  every  citizen  should  have  an  equal 
voice,  equal  representation  in  the  legislature  of  the  state  which 


PROCEEDINGS  AND  DEBATES.  569 

governs  them.  What  justice  can  there  be  in  a  man  who  lives 
in  Johnson  county,  or  Sheridan,  or  Crook  county,  having  five 
or  ten  times  the  say  than  a  man  who  happens  to  live  in  some 
other  part  of  the  state?  What  justice  is  there  in  that?  You  all 
ask  for  justice  on  this  floor,  why  should  I  be  disfranchised  any 
more  than  those  men  who  happen  to  live  in  some  other  part  of 
the  territory.  It  seems  to  me  that  you  are  wrong,  that  you  are 
practically  disfranchising  in  one  branch  of  the  legislature  those 
who  are  unfortunate  enough  to  have  their  homes  in  some 
one*  parrti  of  the  state,  in  favor  of  those  who  live  in  another 
part  of  the  state.  It  seems  to  me  a  most  extraordinary  propo- 
sition. Other  states  have  got  along  for  over  a  hundred  years 
with  the  other  proposition,  and  it  seems  to  me  it  should  be  good 
enough  for  Wyoming,  and  by  the  proposed  change  you  don't 
reach  the  point  as  I  tried  to  explain  a  while  ago.  There  has 
"been  unjust  legislation  in  the  past,  and  you  will  see  it  again 
in  the  future.  Men  will  come  here  and  continue  to  grab  from 
the  public  treasury,  and  enter  into  all  kinds  of  trades  which 
-shall  benefit  this  section  or  that,  and  you  will  have  no  guaran- 
tee that  the  same  practice  will  not  prevail  in  the  future  as  it 
lias  in  the  past.  The  probability  may  not  be  so  great,  but  you 
have  no  assurance  that  it  will  not  be  done,  and  what  you  pro- 
pose here  is  the  greatest  injustice  upon  what  happens  to  be  now 
the  most  populous  portion  of  the  territory. 

Mr.  HOLDEN.  I  stated  a  few  minutes  ago  that  as  a  mat- 
ter of  principle  I  was  in  favor  of  the  one  senator  representation 
from  each  county,  but  this  convention  has  shown  by  a  majority 
vote  that  they  were  not  in  favor  of  that  plan,  and  members 
who  were  here  and  participated  in  that  discussion  and  ca,st' 
their  votes  with  the  majority  of  this  convention  have  many  of 
them  gone  home,  and  while  I  am  in  favor  of  the  principle,  I 
am  not  in  favor  of  bringing  this  matter  before  this  house  now 
for  the  reason  that  it  would  be  unfair  to  those  who  have  gone 
home.  For  that  reason  I  shall  vote  against  this  amendment, 
and  in  favor  of  Judge  Brown's  amendment,  because  I  look  upon 
that  as  a  compromise  measure,  and  under  the  circumstances 
the  more  fair  to  all. 

Mr.  SMITH.  This  seems  to  be  a  day  for  personal  explana- 
tions, sort  of  a  love  feast.  I  don't  know  as  I  have  any  explana- 
tion to  make  on  this  proposition  except  perhaps  I  might  say 
this:  That  when  this  question  was  voted  on  before,  I  voted 
with  the  one  senator  representative  system,  but  I  did  it  at 
that  time  because  there  had  been  three  votes  during  that  day 
"before  they  concluded  that  the  opponents  of  the  one  senator 
system  had  a  majority,  but  in  order  to  be  sure,  that  we  might 
"be  in  a  position  to  reconsider,  I  voted  with  the  one  senator  men, 
but  1  have  at  no  time  been  in  favor  of  the  one  senator  svstem. 


GONSTITLTIONAL  CONVENTION. 

I  don't  believe  it  is  fair.  I  believe  that  in  making  up  our  niind 
as  to  what  to  do  in  this  convention,  we  should  use  and  exercise 
our  very  best  judgment,  taking  into  consideration  what  the 
future  will  do  in  the  development  of  the  various  counties.  It 
is  true  that  the  counties  along  the  line  of  the  railroad,  and 
more  especially  La  ramie  county,  has  had  absolute  control,  and 
has  exercised  it  with  an  iron  rule,  but  if  others  besides  Laramie 
county,  had  not  been  willing  to  engage  in  log  rolling,  to  take 
part  in  the  deal,  Lararnie  county  would  not  have  been  able  to 
carry  through  the  schemes  that  she  did,  and  1  can  say,  though 
I  say  it  with,  shame,  that  the  members  who  have  come  to  this 
capital  in  our  legislature  from  Carbon  county  have  been  just 
as  big  thieves  as  those  from  Laramie  county.  They  have 
helped  job  after  job  through.  True,  they  did  not  get  a  part  of 
the  main  steal,  but  the  situation  will  change.  It  has  been  said 
here  that  in  the  future  the  center  of  powrer  will  be  somewhere 
else,  and  then  there  will  be  a  new  combination,  that  Laramie 
county  has  got  all  she  wanted,  and  it  is  your  turn  now,  and  she 
will  help  the  other  fellows  now.  Taking  into  consideration  the 
fact  that  the  counties  north  of  us  will  grow  faster  than  those 
along  the  line  of  the  Union  Pacific,  I  have  felt  that  the  basis  of 
representation  as  fixed  here  was  most  fair,  and  I  trust  that 
amendment  will  not  carry.  As  to  this  question  of  its  being  un- 
fair to  bring  this  matter  up  at  this  time,  because  certain  mem- 
bers have  gone  home,  has  nothing  to  do  with  it.  Because  these 
men  were  here  and  voted  and  have  gone  away,. is  no  reason  wrhy 
this  should  not  be  taken  up  again,  and  if  they  donrt  like  it,  it  is 
their  own  fault. 

Mr.  OOFFEEN.  I  don't  intend  to  make  a  speech  upon  this 
subject,  but  in  this  instance  I  think  it  only  just  to  say  a  word 
or  two.  I  believe  I  have  seen  indications  of  efforts  at  times 
to  make  it  appear  that  the  small  delegation  from  Sheridan 
was  an  enemy  to  the  delegation  from  Laramie.  It  is  not  cor- 
rect. I  believe  that  the  Laramie  county  delegation  votes  en- 
tirely according  to  its  owrn  judgment  in  this  matter,  for  what 
they  believe  to  be  the  best  in  this,  as  in  everything  else,  and  I 
believe  I  have  many  friends  in  that  delegation,  and  I  don't 
kno\v  that  I  have  any  enemies,  il  believe  what  they  have  done 
has  been  done  on  conviction,  and  in  considering  this  question  as 
I  have,  it  is  not  because  I  have  an  emnity  to  any  bounty  what- 
ever. All  I  ask  is  that  you  concede  to  me  what'  I  concede  to 
every  man  on  this  iioor,  both  now  and  in  the  past  and  in  the 
future,  that  on  every  question  you  vote  according  to  your 
judgment  and  conviction,  and  for  the  best  interests  of  the 
whole  territory.  I  concede  that  to  every  man,  and  I  don't  want 
to  state  it  again. 

Mr.  HOYT.  I  regret  being  obliged  to  say  a  word  ou  this 
subject,  if  I  have  spoken  at  all,  I  have  spoken  briefly,  but  I" 


.      PROCEEDINGS  AND  DEBATES.  571 

desire  that  my  position  should  be  distinctly  understood.  With 
me  this  is  not  a  question  of  fairness,  it  is  not  a  question  of  jus- 
tice, riot  a  question  of  enfranchisement,  not  a  question  of  na- 
tional representation,  but  it  is  in  the  broadest  possible  sense 
a  question  of  statesmanship.  A  government  is  fundamentally 
established  for  the  welfare  of  the  people,  and  in  the  formation 
of  a  government  we  must  always  have  in  view  the  welfare  of 
the  people  and  IIOAV  to  best  perpetuate  its  existence.  This  is 
the  broad  minded  basis  upon  which  I  have  based  my  action  on 
this  question.  It  is  not  proper  in  my  judgment  to  say  that  the 
equal  representation  of  the  counties  in  the  constitution  of  the 
senate  would  be  a  disfranchisement  of  a  portion  of  the  peo- 
ple. The  people  of  New  York,  with  two  senators,  as  against 
the  state  of  Dakota,  with  two,  do  not  feel  disfranchised  because 
they  have  not  a  lafger  representation  in  the  senate.  I  agree 
with  the  gentleman  on  my  right  that  there  is  an  important 
distiction  to  be  made  between  the  constitution  of  a  state  sen- 
ate to  be  formed  on  an  equal  representation  of  the  counties  of 
the  state,  and  the  constitution  of  the  senate  of  the  United 
States,  to  be  formed  on  the  equal  representation  of  the  several 
states,  and  I  agree  with  the  gentleman  also  as  to  the  history 
of  the  constitution  of  this  government.  The  seA'eral  states  were 
not  willing  to  form  a  union  unless  they  could  form  it  on  that 
basis,  the  smaller  states  I  mean  to  say,  were  not  willing  to, 
unite  with  the  larger  ones  in  the  constitution  of  the 
government  of  the  union  unless  they  should  have  an  equal  rep- 
resentation in  one  body.  I  do  not  agree  with  the  gentleman, 
however,  on  the  point  of  sovereignty.  A  sovereignty  has  pow- 
er inherent,  and  has  relations  with  all  foreign  powers.  It  can 
coin  money,  it  can  have  a,  standing  army,  and  a  navy, 
and  determine  by  war,  if  necessary,  its  standing  among  the 
nations  of  the  earth.  These  are  the  elements  of  sovereignty. 
Nothing  else  makes  a  state  sovereign.  The  states  are  not  sov- 
ereign, at  least  not  in  the  broadest  and  truest  sense.  The  ques- 
tion with  me  wras  and  is  what  will  best  promote  the  welfare  of 
Wyoming  in  the  future?  What  will  be  for  us  the  best  form  of 
government  for  all  times?  I  have  found  in  myself  no  sympathy 
with  any  combination  against  any  locality.  I  believe  all 
will  agree  with  me  that  my  record  has  shown  that  I  have  not 
been  localized,  that  I  am  free  of  any  local  considerations  here, 
but  that  I  have  as  broadly  as  (I  am  able,  with  such  states- 
manship as  I  can  command,  advocated  what  I  believe  will  be 
the  best  form  of  government  for  Wyoming.  What  will  best 
preserve  it,  what  will  be  best  for  its  interests,  what  will  be  the 
best  checks  upon  frauds  and  mismanagement,  what  will  give 
us  the  wisest  legislation,  wThat  will  build  us  up,  and  make  us 
more  truly  to  form  the  broadest  and  grandest  commonwealth 


572  CONSTITUTIONAL  CONVENTION. 

within  the  states  of  the  union.  I  am  satisfied  that  it  is  best  for 
the  future  interests  of  this  state  that  we  so  constitute  our  leg- 
islature that  one  branch  shall  be  a  check  upon  he  other,  and 
for  that  reason  I  am  of  the  opinion  that  a  senate  composed  of 
one  and  only  one  member  from  each  county  of  the  state  is  the 
best  form  of  government. 

Mr.  BAXTER.  The  gentleman  from  Albany  last  upon  the 
floor  has  not  stated  correctly  the  position  which  I  took  with  ref- 
erence to  the  sovereignty  of  the  states.  I  don't  desire  you  to 
think  for  a  moment  that  I  suppose  the  states  are  sovereign. 
I  stated  distinctly,  or  it  was  my  intention  to  do  so,  that  they 
occupy  an  entirely  different  relation  from  that  which  they  did 
when  .the  government  was  formed.  When  the  government  was 
formed  I  said  they  were  all  separate  and  independent,  and  only 
united  because  of  the  necessities  of-  the  situation.  The  consti- 
tution of  the  United  States  was  drafted  in  1787,  and  provided 
when  nine  states  shall  ratify  it,  it  should  be  sufficient  and  go 
into  operation.  Mne  states  ratified  it  at  one  time,  and  pro- 
vided for  an  election  in  1788,  when  Washington  was  elected 
#s  their  choice,  and  he  qualified  and  assumed  the  office  in  1789, 
and  it  was  not  until  more  than  a  year  after  Washington  had 
•ssunied  the  office  of  president  that  North  Carolina  and  Ehode 
Island  ratified  the  constitution  and  came  in.  They  had  de- 
clined to  come  in,  and  until  they  did  ratify  the  constitution, 
they  were  considered  as  sovereign  and  independent  states,  and 
this  is  what  /I  stated  before,  or  at  least  intended  to  do  so. 

Mr.  CHAIRMAN.  The  question  is  on  the  amendment  of 
the  gentleman  from  Converse,  to  substitute  the  section  of  the 
original  report  of  the  majority  committee  on  legislation,  in- 
stead of  the  sections  in  the  majority  report  of  the  apportion- 
ment committee.  All  in  favor  of  the  amendment  will  say  aye"; 
contrary  no.  A  division  is  called  for.  All  in  favor  of  the 
amendment  will  rise  and  stand  until  counted — 11.  Those  op- 
posed will  rise — 17»  The  motion  is  lost.  I  would  call  the  at- 
tention of  the  committee  to  the  fact  that  the  legislative  report 
and  the  report  on  apportionment  do  no  agree.  The  number  in 
the  house  has  been  changed  from  thirty  to  thirty- three,  and  the 
report  of  the  apportionment  committee  should  be  reconsidered 
in  order  t'o  make  it  conform. 

Mr.  TESCHEMACHER.  I  move  that  we  now  reconsider  the 
report  of  that  committee  so  as  to  have  it  changed  to  conform 
with  the  report  of  the  legislative  committee. 

Mr.  COFFEEN.  I  rise  to  a  point  of  order.  I  am  in  favor  of 
what  the  gentleman  is  moving  for,  but  by  the  adoption  of  that 
report  after  we  arose  on  Saturday  night,  put  it  beyond  our 
reach. 


PROCEEDINGS  AND  DEBATES.  573- 

Mr.  MORGAN.  The  gentleman  does  not  seem  to  understand 
that  the  question  before  the  house  is  to  reconsider  that  report. 
This  the  committee  certainly  can  do. 

Mr.  IRVINE.  As  by  the  action  of  the  committee  the  num- 
ber of  members  of  the  house  has  been  increased  by  three,  has 
anything  been  decided  as  to  where  those  three  members  shall 
go  ?  I  want  to  raise  that  question  right  here. 

Mr.  TESCHEMACHER.  That's  what  we  want  to  reconsid- 
er for. 

Mr.  CHAIRMAN.  The  question  is  on  the  motion  of  Mr. 
Teschemacher  to  reconsider  the  report  of  the  apportionment 
committee,  so  as  to  make  it  conform  to  the  legislative  report. 
All  in  favor  of  the  motion  will  say  aye ;  contrary  no.  The  ayes 
have  it;  the  motion  prevails, 

Mr.  FOX.  I  have  a  proposition  which  I  wish  to  submit.  The 
apportionment  as  it  stands  now  is  as  follows: 

Albany  county,  two  senators  and  five  representatives. 

Carbon  county,  two  senators  and  five  representatives. 

Converse  county,  one  senator  and  two  representatives. 

Crook  county,  one  senator  and  two  representatives. 

Fremont  county,  one  senator  and  two  representatives. 

Laramie  county,  three  senators  and  six  representatives. 

Johnson  county,  one  senator  and  one  representative. 

Sheridan  county,  one  senator  and  one  representative. 

Sweetwater  county,  two  senators  and  three  representatives* 

Uinta  county,  two  senators  and  three  representatives. 

Now  the  way  I  figure  it  out  is  this.  Albany  county,  with  a 
population,  or  vote  rather,  of  2,608,  is  entitled  to  two  senators, 
plus  208,  and  five  representatives,  minus  392,  and  the  difference 
between  her  plus  and  minus  vote  is  184. 

Figuring  Carbon  county  the  same  way,  her  vote  being: 
2,633,  she  is  entitled  to  two  senators  plus  233,  and  five  repre- 
sentatives, minus  367,  the  difference  between  her  plus  and  mi- 
nus vote  being  134. 

Converse,  with  a  vote  of  1,350,  is  entitled  to  one  senator 
plus  107  votes,  and  to  two  representatives  plus  107  votes, 
making  a  total  plus  vote  for  Converse  of  214. 

Crook  county,  with  a  vote  of  1,350,  is  entitled  to  one  sena- 
tor plus  150,  and  to  twro  representatives  plus  150,  making  a 
total  plusage  for  Crook  county  of  300. 

Fremont  count}',  with  a  vote  of  1,047,  has  one  senator  mi- 
nus 153,  and  two  representatives  minus  153,  a  total  minus  for 
Fremont  of  306. 

Johnson  county,  with  916  votes,  has  one  senator  minus  284, 
and  one  representative  plus  316,  giving  Johnson  county  a  plus 
vote  of  32. 

Laramie  county,  with  a  vote  of  3,695,  is  entitled  to  three 
senators  plus  95,  and  six  representatives  plus  95. 


574  CONSTITUTIONAL  CONVENTION. 

Sheridan  county,  with  a  vote  of  870,  has  one  senator  minus 
330,  and  onr  representative  plus  270,  giving;  Sheridan  mi- 
nus 60. 

Tint'a  county,  with  2,037  votes,  lias  two  senators  minus 
363,  and  three  representatives  plus  237,  or  minus  120  in  Uinta 
county. 

Sweetwater  county,  with  a  vote  of  1,747,  has  two  senators 
minus  653,  and  three  representatives  minus  53,  a  total  minus 
of  706. 

This  is  the  way  the  figures  stand  on  the  present  appor- 
tionment. 

Xow  my  amendment  is  this: 

Albany  county,  two  and  five,  minus  184. 

Carbon  county,  two  and  five,  minus  134. 

Converse  county,  one  and  three,  minus  386. 

Crook  county,  one  and  three,  minus  300. 

Fremont  county,  one  and  two,  minus  306. 

Johnson  county,  one  and  tAvo,  minus  586. 

Laramie  county,  three  and  six,  comes  out  even,  95  plus  in 
the  house  and  the  same  in  the  senate. 

Sheridan  county,  one  and  two,  minus  660. 

Sweetwater  county,  two  and  two,  minus  106. 

Uinta  county,  two  and  three,  minus  126. 

Xow  I  think  that  is  as  fair  as  it  can  be  made.  I  propose 
to  give  Converse  county  one  and  three,  Sheridan  county  one 
.and  two,  Johnson  county  one  and  two,  and  Crook  county  one 
and  three.  I  have  taken  one  from  Sweetwater  county  and  al- 
lowed it  to  Crook,  as  Sweetwater  was  allowed  two  and  three, 
with  a  minus  of  706.  While  I  have  given  Crook  an  extra  one, 
-with  only  300  minus.  I  think  that  is  much  more  equal. 

Mr.  COFFEEX.  I  think  the  gentleman  will  excuse  me, 
T}iit  I  think  he  has  made  a  mistake  in  his  figures.  I  notice  the 
vote  of  Crook  county  is  only  1,150,  and  he  has  thirty-four  mem- 
~bers  instead  of  thirty-three,  an  extra  one. 

Mr.  FOX.  The  gentleman  is  mistaken,  for  $  have  taken  one 
from  Sweetwater,  making  thirty-three  in  all. 

Mr.  BAXTER.  It  seems  to  me  we  will  have  to  do  this  thing 
#11  over  again. 

Mr.  COFFEEX.  It  seems  to  me  that  the  easiest  way  to  get 
at  this  is  to  go  back  to  the  first  principles,  where  we  left  off, 
and  decide  by  a  vote  where  these  three  extra  members  shall 
go.  I  think  it  is  generally  understood  where  they  should  be 
placed.  I  will  make  that  amendment.  I  move  tfiat  we  simply 
declare  it  the  sense  of  this  convention  that  the  extra  three 
members  shall  go  one  to  Converse  county,  one  to  Johnson 
-county  and  one  to  Sheridan  county. 

Mr.  TESCHEMACHER.    Second  the  motion. 


PROCEEDINGS  AND  DEBATES.  575 

Mr.  ROWN.  I  should  like  to  know  how  this  question  gets 
here.  It  is  a  surprise  to  me.  On  Saturday  the  committee  of 
the  whole  had  this  matter  under  consideration,  fixed  definitely 
and  positively  the  apportionment  and  where  the  different  num- 
ber of  representatives  should  be  assigned,  the  committee  report- 
ed that  back  to  the  convention.  The  convention  ordered  the 
approval  of  the  report'  of  the  committee,  and  the  report  was 
placed  in  the  hands  of  the  engrossing  committee,  as  the  record 
will  show. 

Mr.  TESCHEMACHER.  I  beg  your  pardon.  I  don't  care 
what  the  record  will  show.  I  will  say  that  the  secretary  never 
placed  it  in  my  hands. 

Mr.  CHAIRMAN.    The  record  does  not1  sustain  you. 

Mr.  BROWN.  Wa,s  not  the  apportionment  decided  upon 
~by  the  committee  and  reported  back  to  the  convention  with 
the  recommendation  that  it  be  accepted  as  the  final  appor- 
tionment by  the  convention. 

Mr.  MORGAN.  Why  discuss  here  what  the  committee  did 
or  what  the  convention  did  not  do?  It  is  now  half  past  twelve, 
and  a  number  of  the  Laramie  county  delegation  will  have  to 
be  at  court  this  afternoon.  One  member  of  the  bench  will  be 
there  for  the  last  time,  and  they  desire  to  be  present,  I  sug- 
gest we  now  rise  and  adjourn  until  3  o'clock. 

Mr.  CHAIRMAN.  The  question  is  on  the  amendment  ol- 
iered  by  Mr.  Coffeen.  All  in  favor  of  the  amendment  will  say 
aye:  contrary  no.  The  ayes  have  it;  the  motion  prevails. 

Mr.  MORGAN.  I  move  when  this  committee  arise  they  re- 
port back  to  the  convention  with  the  recommendation  that 
the  convention  adopt  the  report  of  the  committee  fixing  the 
number  in  the  legislative  report  conforming  to  that  in  the  ap- 
porti  on]  1 1 en  t  report. 

Mr.  CRAJRMAN.  Gentlemen,  you  have  heard  the  motion. 
Are  you  i -early  for  The  question?  All  in  favor  of  the  motion  will 
say  aye;  contrary  no.  The  ayes  have  it;  the  motion  prevails. 

Mr.  BROWN.  Have  we  conformed  this  bill  with  the  appor- 
tionment file?  1 1  strips  to  me  that  we  have  only  r.,ade  them 
agree  as  to  the  number  in  the  house,  thirty- three,  and  the  sen- 
ate, sixteen,  giving  Johnson,  Converse,  Sheridan  and  Crook 
counties  each  one  more  each  than  we  gave  them  the  other 
day. 

Mr.  POTTER.  >In  order  to  make  them  conform,  I  move 
wherever  the  word  "vote"  is  used  that  it  be  made  to  read' "pop- 
ulation" instead. 

Mr.  CHAIRMAN.  Gentlemen,  you  have  heard  the  motion. 
All  in  favor  of  the  motion  will  say  aye;  contrary  no.  The 
ayes  have  it;  the  motion  prevails. 

Mr.  CAMBPELL.  I  move  the  committee  now  rise  and  re- 
port. 


576  CONSTITUTIONAL  CONVENTION 

Mr.  CHAIRMAN.  You  have  heard  the  motion.  All  in  fa- 
vor of  the  motion  will  say  aye;  contrary  no.  The  ayes  have  it • 
the  committee  will  now  rise  and  report. 

(See  journal  page  82.) 

Mr.  MORGAN.    I  move  we  now  take  a  recess  until  3  o'clock. 

Mr.  PRESIDENT.  Gentlemen,  you  have  heard  the  motion, 
that  we  now  take  a  recess  until  3  o'clock.  All  in  favor  of  the 
motion  will  say  aye  Contrary  no.  The  ayes  have  it;  the  conven- 
tion will  take  a  recess  until  3  o'clock. 

AFTERNOON  SESSION. 


Monday  afternoon,  Sept.  23? 

Mr.  PRESIDENT.    Convention  come  to  order. 

In  accordance  with  the  request  made  of  Committee  No.  1O 
this  morning,  they  have  sent  in  their  report. 

The  secretary  will  read. 

(See  jouranl  page  83.) 

Mr.  PRESIDENT.    What  is  your  further  pleasure,  gentle- 
men? 

Mr.  TESCHEMACHER.    Committee  No.  19  would  like  to 
make  a  report. 
Mr.  President: 

Your  Committee  No.  19  have  revised  Articles  2  and  3  of  the 
constitution,  and  present  them  for  final  passage. 

Mr.  POTTER.  I  object  to  receiving  the  report  at  this  time 
on  this  ground.  It  is  not  the  proper  time  to  bring  it  before  the 
convention.  We  never  will  get  through.  I  take  it  these  arti- 
cles have  been  adopted  and  referred  to  the  revision  commit- 
tee, and  they  don't  come  back  here  until  the  whole  constitution 
is  put  in  form  and  submitted  as  a  whole  for  adoption. 

Mr.  TESCHEMACHER.  The  revision  committee  yesterday 
asked  permission  to  bring  these  matters  in  in  this  way,  so  that 
the  enrolling  could  be  done  as  each  article  is  adopted.  Other- 
wise, if  you  wait  until  the  last  day,  under  these  rules  they  will 
all  have  to  be  enrolled  before  we  can  take  any  further  action, 
and  that  means  three  or  four  da}^s  extra  work.  The  rule  says, 
"the  committee  on  revision  having  completed  its  revision  as 
pro vided  in  the  preceding  rule,  shall  report  the  article  or  arti- 
cles of  the  constitution  of  Wyoming  to  the  convention, 
when  it  shall  be  fully  read,  and  when  it  is  thus  read  the  ques- 
tion shall  be  on  the  article  or  articles  so  revised  or  amended, 
and  if  the  same  shall  be  in  the  affirmative  the  constitution  as 
a  whole  shall  be  carefully  enrolled  under  the  supervision  of  the 
committee  on  revision  and  adjustment,  and  signed  by  the  pres- 
ident and  members  of  the  convention."  Consequenty  the  enroll- 
ment cannot  be  begun  until  these  article  have  been  adopted,. 


PROCEEDINGS  AND  DEBATES. 


577 


and  then  we  would  have  to  do  two  or  three  days  work  and  the 
members  would  have  to  remain  here  so  their  signatures  could 
be  attached  to  the  document.  I  asked  permission  to  present 
these  articles  in  this  way,  and  the  convention  decided  it  should 
be  done.  We  have  decided  upon  articles  two  and  three,  and 
that  the  preamble  shall  be  Article  1,  and  if  we  can  have  them 
adopted  we  can  have  them  enrolled  with  very  little  extra 
work. 

Mr.  POTTER.  I  construe  Rule  53  entirely  different  and  also, 
54.  Rale  53  says:  "So  soon  as  any  entire  proposition  for  in- 
corporation in  the  constitution  shall  have  been  disposed  of, 
such  proposition  if  agreed  to  by  the  convention  shall  be  referr- 
ed to  the  committee  on  revision  and  adjustment,  to  be  by  that 
committee  embodied  in  the  constitution."  Rule  54  says  "the 
committee  on  revision  having  completed  its  revision  as  provid- 
ed in  the  preceding  rule  shall  report  the  article  or  articles  of 
the  constitution."  That  don't  mean  the  different  articles  shall 
be  reported  separately,  but  if  the  constitution  shall  consist  of 
but  one  article  then  we  shall  adopt  that  one,  but  if  more  than 
one  article  is  reported,  if  there  is  more  than  one  article  in  the 
constitution,  then  we  shall  adopt  them.  That  is  the  way  I  un- 
derstand it. 

Mr.  TESCHEMAOHER.  The  only  question  is  time  for  the 
enrollment.  I  explained  that  to  the  convention  day  before  yes- 
terday. I  don't  know  whether  you  were  present  or  not.  I  ex- 
plained that  if  we  really  acted  in  accordance  with  these  two 
rules,  then  the  revision  committee  could  not  do  a  single  thing 
towards  enrollment  until  every  article  of  the  constitution  had 
been  adopted,  and  consequently  we  should  have  to  remain 
here  during  the  time  necessary  to  enroll  the  whole  constitution, 
after  it  had  been  adopted,  and  I  asked  permission  to  change  the 
plan  and  suggested  this  method. 

Mr.  PRESIDENT.  I  will  state  my  construction  of  these 
rules.  We  had  at  the  beginning  no  committee  on  engrossment. 
In  my  opinion  we  needed  no  such  committee,  because  of  the  con- 
struction of  these  several  rules,  and  the  provisions  made  by 
them.  I  take  it  that  the  rules  mean  simply  this :  As  we  pass 
upon  certain  propositions,  and  they  are  referred  to  the  com- 
mittee on  revision,  they  bring  them  back  to  the  convention  in 
articles,  or  as  propositions,  having  revised  the  language,  at- 
tended to  what  is  commonly  called  the  engrossment  of  these 
bills,  bring  them  back  revised  as  to  the  language  and  in  the 
best  form  they  can  be  put.  They  are  then  put  upon  their  final 
reading  and  we  vote  upon  them,  or  change  them  as  necessary, 
then  the  revision  committee  takes  them  and  puts  them  as  a 
whole  into  the  constitution,  and  we  again  pass  upon  that  con- 
stitution as  a  whole.  These  are  perhaps  properly  arranged  as 
articles.  The  rules  evidently  indicate  that  the  propositions  as 
—  37 


578  CONSTITUTIONAL  CONVENTION. 

adopted  and  sent  to  the  revision  committee  shall  come  back  to 
us  in  the  form  of  articles  revised  for  the  constitution,  and  then 
be  finally  voted  upon.  But  we  have  got  to  do  it  in  a  different 
way.  We  have  no  engrossing  committee,  their  duties  are  per- 
formed by  the  revision  committee,  and  these  propositions  have 
come  back  to  us  engrossed.  The  question  now  is  whether  it  is 
necessary  for  us  to  again  act  upon  these  matters  in  different 
articles  as  revised  by  this  committee.  The  convention  under- 
took to  give  its  advice  a  day  or  two  ago,  and  instructed  the  com- 
mittee to  proceed  with  their  work.  The  committee  have  pre- 
sented their  report  in  accordance  it  seems  to  me  with  the  in- 
structions of  the  convention.  It  is  for  you  to  determine  if  we 
shall  take  these  matters  up  and  examine  them  at  this  time, 
and  vote  upon  the  work  of  the  revision  committee,  or  leave  it 
until  they  are  all  through.  The  matter  is  under  the  control  of 
this  convention  to  do  as  they  think  best. 

Mr.  POTTER.    I  withdraw  my  objection. 

Mr.  TESCHEMACHER.  If  we  acted  upon  the  suggestion  of 
Mr.  Potter  the  revision  committee  would  be  obliged  to  be  out- 
side of  the  convention  altogether,  take  no  part  in  the  debates 
and  discussions  of  this  convention,  and  that  might  be  a  good 
thing  for  the  convention. 

Mr.  PRESIDENT.  The  chair  will  take  up  the  regular  order 
of  the  day. 

Mr.  CAMPBELL.  I  move  an  amendment  to  the  rules  that 
an  extra  committee  be  appointed,  to,  be  known  as  committee 
on  address  to  the  people.  I  think  some  person  should  be  at 
work  on  that  before  the  constitution  is  adopted. 

Mr.  PRESIDENT.  I  wish  the  gentleman  would  include  ad- 
dress to  congress  as  well  as  to  the  people. 

Mr.  JOHNSTON.  Committee  No.  8  desires  to  make  a  re- 
port. 

Mr.  PRESIDENT.  I  take  it  Mr.  Campbell  simply  desired  to 
give  the  usual  notice  in  regard  to  the  amendment  to  the  rules. 
If  there  is  no  objection  the  report  of  Committee  No.  8  will  be 
read. 

(See  journal  page  83.) 

Mr.  PRESIDENT.  Resolutions  requiring  no  debate  may  be 
adopted  at  once  under  our  rules.  Resolutions  requiring  debate 
must  lie  over  one  day.  I  take  it  there  is  no  debate  upon  the 
passage  of  this  resolution. 

Mr.  JOHNSON.  I  was  going  to  make  a  motion  to  sus- 
pend the  rules,  and  move  its  adoption  if  necessary. 

Mr.  PRESIDENT.  The  question  is  on  the  adoption  of  the 
resolution  as  read.  So  many  as  are  of  the  opinion  that  the  res- 
olution be  adopted  will  say  aye;  those  of  the  opposing  opinion 
will  say  no.  The  ayes  have  it;  the  resolution  is  adopted.  The 
chair  will  refer  the  resolution  to  the  engrossment  committee, 


PROCEEDINGS  AND  DEBATES. 

who  will  be  required  to  furnish  two  engrossed  copies  of  the 
resolution  to  be  forwarded  in  accordance  with  the  instructions 
therein  contained.  A  motion  to  go  into  committee  of  the  whole 
is  now  in  order. 

Mr.  POTTEK.    I  make  it 

Mr.  BUERITT.    Second  the  motion. 

Mr.  PRESIDENT.  It  is  moved  and  seconded  that  we  now 
resolve  ourselves  into  committee  of  the  whole  for  consideration 
of  the  general  file.  So  many  as  are  in  favor  of  the  motion  will 
say  aye;  contrary  no.  The  ayes  have  it;  the  motion  prevails. 
Will  Mr.  Elliott  take  the  chair? 

Mr.  CHAJRMAN.  The  file  for  consideration  is  No.  66,  by 
Committee  No.  10.  Your  Committee  No.  10  revised  File  No. 
66  as  originally  referred  to  this  convention,  and  report  it  back 
a  a  follows1: 

Sec.  1.  No  person  not  a  citizen  of  the  United  States  or  who 
has  not  declared  his  intention  to  become  such  shall  be  employed 
upon  or  in  connection  with  any  state,  county  or  municipal 
works  or  employment. 

Sec.  2.  The  legislature  shall  by  appropriate  legislation  see 
that  the  provisions  of  the  foregoing  section  are  enforced. 

Mr.  CAMPBELL.  I  move  the  adoption  of  the  report  as 
read. 

Mr.  REED.  Second  the  motion. 

Mr.  BROWN.  I  move,  Mr.  Chairman,  that  when  this  com- 
mittee rise  it  report  back  the  file  as  amended  with  the  recom- 
mendation that  it  do  pass. 

Mr.  CAMPBELL.    Second  the  motion. 

Mr.  CHAjIRMAN.    All  in  favor  of  the  motion  will  say  aye; 
those  opposed  no.    The  ayes  have  it;  the  motion  is  carried. 

The  next  bill  on  the  general  file  is  File  82,  on  police  powers. 

Sec.  1.  It  shall  be  unlawful  for  any  person  or  corporation  to 
exercise  the  police  powers  of  this  state,  without  due  authority 
of  law. 

Sec.  2.  The  legislature  shall  incorporate  laws  to  see  that 
the  provisions  of  the  foregoing  section  are  enforced. 

Mr.  CHAIRMAN.    Any  amendment  to  the  file? 

Mr.  REED.    I  have  got  a  substitute  for  that  file. 

"No  armed  police  force,  or  detective  agency,  or  armed  body, 
or  unarmed  body  of  men,  shall  ever  be  brought  into  this  state 
for  the  suppression  of  domestic  violence,  except  upon  the  ap- 
plication of  the  legislature,  or  executive,  when  the  legislature 
cannot  be  convened." 

Mr.  BROWN.  I  move  the  adoption  of  the  substitute  in  lieu 
of  the  original. 

Mr.  REED.  Second  the  motion. 

Mr.  CHAIRMAN.  It  is  moved  and  seconded  that  the 
substitute  be  adopted  in  lieu  of  the  original.  All  in  favor  of 


5So 


CONSTITUTIONAL  CONVENTION. 


the  motion  will  say  aye;  those  opposed  no.  The  ayes  have  it; 
the  motion  is  adopted.  What  will  you  do  with  the  substitute, 
gentlemen? 

Mr.  BROWN.  I  move  that  wrhen  this  committee  arise  the 
substitute  be  reported  back  to  the  convention  with  the  recom- 
mendation that  it  be  adopted. 

Mr.  MORGAN.    Second  the  motion. 

Mr.  CHAIRMAN.  Gentlemen,  you  have  heard  the  motion. 
All  in  favor  of  the  motion  will  say  aye;  those  opposed  no.  The 
ayes  have  it;  the  motion  is  carried. 

Substitute  for  File  No.  50.    This  is  the  report  of  the  com- 
mittee on  Sec.  28  of  the  substitute  offered  for  File  No.  50. 
The  rest  of  the  substitute  was  agreed  to  but  this  section  wras 
referred  back  to  the  committee. 

"Appeals  from  decisions  of  compulsory  boards  of  arbitra- 
tion shall  be  allowed  to  the  supreme  court  of  the  state,  and 
the  manner  of  taking  such  appeals  shall  be  prescribed  by  law." 

Mr.  POTTER.  I  move  when  this  committee  rise  it  report 
this  section  Back  to  the  convention  with  the  recommendation 
that  it  do  pass. 

Mr.  BROWN.  There  is  another  file  here  which  refers  to 
boards  of  arbitration.  It  seems  to  me  that1  File  84  covers 
everything. 

Mr.  HAY.  I  would  like  to  inquire  in  regard  to  File  84,  as 
to  the  means  of  payment  of  these  boards.  I  think  they  should 
be  paid. 

Mr.  CHAIRMAN.  I  would  suggest  that  that  is  a  matter 
which  the  legislature  can  provide  for. 

It  is  moved  that  when  this  committee  rise  they  report  back 
this  section  with  the  recommendation  that  it  do  pass.  Are  you 
ready  for  the  question?  All  in  favor  of  the  motion  will  say  aye; 
those  opposed  no.  The  ayes  have  it;  the  motion  is  carried. 

Substitute  for  File  31,  railroads^ 

Mr.  CHAIRMAN.  Mr.  Baxter  made  an  mendment  to  Sec. 
2,  to  strike  out  all  after  the  word  "and"  and  insert  "common 
carriers,  and  as  such  must  be  made  by  law  to  extend  the  same 
equality  and  impartiality  to  all  who  use  them,  whether  Individ- 
uals or  corporations."  This  was  offered  by  Mr.  Baxter  as  an 
amendment  to  Sec.  2. 

Mr.  RINER.  The  objection  to  the  proposed  amendment  was 
suggested  here  the  other  day,  and  the  more  I  examine  the  mat- 
ter the  more  I  am  inclined  to  thinlTil  is  a  very  dangerous  pro- 
vision. Without  some  saving  clause  it'  forces  upon  a  corpora- 
tion the  necessity  of  charging  their  own  employes  for  transpor- 
tation from  one  part  of  the  line  to  another,  f n  order  that  they 
may  carry  on  their  business.  This  matter  was  suggested  by 
Mr.  Potter  the  other  day,  and  since  the  matter  was  in  commit- 
tee of  the  whole  I  have  taken  occasion  to  look  into  the  question 


/ 

PROCEEDINGS  AND  DEBATES.  58 1 

and  I  am  satisfied  that  the  amendment  as  proposed  by  Mr.  Bax- 
ter will  lead  to  that  result.  I  don't  believe  it  is  desired  to  pro- 
pose anything  that  will  lead  to  that  result.  And  cripple  a  cor- 
poration so  that  it  cannot  operate  its  line  of  road. 

Mr.  BAXTER.  If  you  would  add  "except  employes"  would 
that  meet  the  objection? 

Mr.  CHAIRMAN.  The  question  is  on  the  amendment  of 
Mr.  Baxter.  Are  you  ready  for  the  question? 

Mr.  HOYT.  I  have  a  substitute  for  the  section  as  it  stands 
with  the  proposed  amendment. 

"All  railroad  and  telegraph  lines  are  hereby  declared  to  be 
public  highways  and  common  carriers,  and  as  such  they  shall 
be  required  to  deal  impartially  with  the  public,  and  shall  make 
no  unjust  discrimination  or  unreasonable  charges  for  the  ser- 
vices rendered." 

Mr.  POTTER.    Second  the  motion. 

Mr.  HOYT.  I  will  say  a  few  words  in  support  of  that  propo- 
sition. I  think  every  member  appreciates  the  value  of  railroads, 
and  we  need  more  of  them,  and  wishes  to  deal  justly  and  fairly 
with  them,  but  there  are  certain  interests  of  the  public,  which 
the  railroads  themselves  will  concede,  which  should  be  preserv- 
ed and  protected,  and  the  object  of  this  proposition  is  briefly 
to  cover  this  ground,  and  protect  the  interests  of  the  entire  pub- 
lic. 

Mr.  RINER.  I  don't  wish  to  oppose  the  amendment,  but  would 
simply  suggest  if  it  is  the  purpose  of  this  convention  to  go  into 
pure  legislation,  we  had  better  wipe  out  the  legislature  alto- 
gether and  proceed  to  legislate.  I  think  it  is  apparent  to  every 
lawyer  here,  at  least,  that  Sec.  2  as  it  now  stands  is  subject  to 
legislative  control  entirely,  to  all  intents  and  purposes,  and 
they  will  have  the  right  to  go  into  the  question  of  rates,  if  they 
see  fit  to  do  so.  Now,  as  a  matter  of  fundamental  law,  what  is 
the  use  of  loading  down  the  constitution  with  a  lot  of  words 
which  mean  nothing.  If  it  gave  the  legislature  one  single  bit 
more  power  than  they  have  now,  I  will  vote  for  the  amendment, 
tout  I  will  ask  Judge  Brown  if  he  thinks  it  does.  Has  not  the 
legislature  the  same  power  under  Sec.  2  as  it  now  stands  as  it 
will  have  with  the  amendment. 

Mr.  BROWN.    I  don't  like  to  pass  upon  that  question. 

Mr.  RINER.  If  the  legislature  hajs  not  the  power  and 
Governor  Hoyt's  substitute  gives  it  the  power,  I  will  vote  for 
the  amendment.  But  I  think  there  is  no  necessity  for  it  at 
all.  We  are  here  to  make  a  constitution  and  not  for  legisla- 
tion. I  have  no  objection  to  the  principle,  but  I  don't  think  the 
amendments  offered  add  one  thing  to  the  section  except  words. 
If  as  a  matter  of  law  it  alters  its  legal  effect,  I  will  vote  for 
the  amendment. 


582  CONSTITUTIONAL  CONVENTION. 

Mr.  BAXTER.  I  am  opposed  to  the  substitute  and  I  favor 
the  adoption  of  the  amendment.  It  seems  to  me  only  proper; 
my  Mend  from  Laramie  has  said  it  is  right,  and  if  it  is  right 
I  see  no  objection  to  incorporating  it  into  the  constitution.  I 
want  to  say  to  him,  and  to  the  other  members  on  the  floor  of 
this  house,  that  I  have  no  sympathy  whatever  with  this  feel- 
ing of  hostility  that  we  find  in  some  part's  of  the  country  to- 
wards corporations,  not  only  railroads,  but  corporations  of  any 
kind.  I  have  lived  at  different'  times  in  places  where  it  was 
only  necessary  for  a  man  to  bring  suit  against  a  corporation, 
without  reference  to  the  facts  in  the  case,  to  «-ain  a  verdict  - 
by  the  jury.  I  have  got  no>  sympathy  with  that  spirit,  but  at 
the  same  time  I  fail  to  see  any  impropriety  of  putting  into  our 
constitution  that  which  the  gentleman  himself  says  is  proper- 
ly within  the  power  of  the  legislature  to  exercise,  jlf  they  have 
the  power  why  not  declare  they  have  the  power?  The  next  ob- 
jection that  is  raised  is  that  as  it  stands  it  will  exclude  em- 
ployes. This  is  a  forced  construction.  Everybody  will  under- 
stand tht  the  employes  necessarily  employed  in  the  operation  of 
a  railroad  shall  be  excluded  from  that  section,  that  is  under- 
stood and  there  is  no  use  in  putting  it  in  here.  There  is  no  re- 
striction upon  railrods  transporting  their  own  employes.  My 
colleagus  says  the  legislature  already  has  the  power.  That  may 
be,  but  sometimes  it  is  well  enough  to  put  it  in,  well  enough  to 
declare  a  principle,  even  if  the  legislature  has  the  power.  It 
was  argued  here  the  other  day  on  this  question  preventing  the 
entering  into  contracts  by  corporations  with  their  employes, 
releasing  them  from  any  liability  in  case  of  accident,  it  was 
argued  here  at  that  time  that  there  was  no  necessity  for  it, 
any  such  contract  was  void  if  made,  that  such  a  provision  would 
not  add  any  strength  to  the  proposition,  if  made.  If  that  is 
the  case  why  is  it  they  attempt  to  make  such  contracts,  and 
when  secured  why  do  they  attempt  to  stand  upon  them?  I  sus- 
pect this  amendment  as  submitted  is  a  little  too  plain  to  be  sat- 
isfactory. I  think  it  is  right  and  proper  that  it  should  go  in 
there,  it  is  admitted  that  it  is  right,  and  if  right  there  can  be  no 
impropriety  in  putting  it  in.  It  is  contended  that  corporations 
should  stand  as  individuals;  we  hear  that  argument  made  time 
and  again,  and  invariably  overruled.  Corporations  are  creat- 
ures set  up  by  the  government  with  special  powers,  on  the 
theory'  that  they  are  in  some  way  contributory  to  the  public 
good,  and  if  endowed  with  special  powers  they  should  be  sub- 
ject to  the  control  of  the  people.  I  believe  it  is  proper  that  this 
should  go  in,  and  I  don't  believe  the  substitute  covers  the 
ground  as  well  as  the  amendment,  and  for  that  reason  I  stand 
by  the  amendment  as  offered. 

Mr.  CHAJRMAN.    Are  you  ready  for  the  question? 


PROCEEDINGS  AND  DEBATES. 


5SJ 


Mr.  POTTER.  I  want  to  read  what  I  take  from  the  consti- 
tution of  Illinois,  adopted  in  1870,  which  it  seems  to  me  struck 
at  the  root  of  the  whole  business.  "The  general  assembly  shall 
pass  laws  to  correct  abuses  and  prevent  unjust  discrimination 
and  extortion  in  the  rates  of  freight  and  passenger  tariff  on  the 
different  railroads  in  this  state,  and  enforce  such  laws  by  ad^ 
equate  penalties,  to  the  extent  if  necessary  of  forfeiture  of  their 
property  and  franchises." 

It  seems  to  me  that  Governor  Hoyt's  proposition  was  some- 
thing like  this;  I  have  only  heard  his  read  once  of  course. 

Mr.  RINER.  There  is  a  portion  of  Governor  Hoyt's  substi- 
tute that  perhaps  can  well  be  adopted.  I  was  talking  to  Judge 
Brown,  however,  and  he  and  I  both  agree  that  for  the  purpose 
sought  to  be  accomplished,  that  the  language  as  contained  in 
Sec.  2  as  printed  is  the  better  language.  Adding  the  last  sen- 
tence of  Governor  Hoyt's  proposed  amendment  makes  just  the 
change  he  seeks  to  make.  His  proposition  jl  think  much  better 
than  the  one  proposed  by  Mr.  Baxter,  and  I  therefore  would  sug- 
gest that  change. 

Mr.  SUTHERLAND.  1  am  in  favor  of  Mr.  Baxter's  amend- 
ment, and  opposed  to  the  substitute  for  just  that  one  word  "un- 
reasonable." I  would  like  to  ask  any  man  who  has  had  deal- 
ings with  any  railroad,  if  they  can  define  what  the  word  "un- 
reasonable" means.  I  have  paid  as  high  as  twenty-two  dollars 
for  a  car  from  Sherman,  and  in  less  than  three  days  after  have 
paid  sixteen.  I  went  to  the  office  and  told  them  that  they  had 
made  an  "unreasonable"  charge  and  they  gave  me  to  under- 
stand that  it  was  no  unreasonable  charge,  and  for  that  reason  I 
am  opposed  to  this  substitute. 

Mr.  MORGAN.    I  don't  like  that  word  unreasonable  in  this 
section:    Why  not  just  say  "without  discrimination,"  that  is 
much  stronger  than  qualifying  it  by  the  word  "unreasonable." 
Mr.  CHAIRMAN.    Are  you  ready  for  the  question? 
Mr.  RINER.    I  want  to  know  whether  Governor  Hoyt  ac- 
cepts my  suggestion  before  I  vote. 

Mr.  HOYT.    I  accept  it. 

Mr.  COFFEEN.  I  would  ask  for  the  reading  of  the  first 
amendment  offered  by  Governor  Baxter.  I  am  oppqsed  to  the 
substitute  because  the  wording  is  not  so  clear  and  strong  as 
this  amendment.  You  talk  about  unjust  discrimination,  I  want 
it  understood  that  I  vote  against  discrimination  of  any  kind, 
believing  that  any  discrimination  is  unjust.  I  am  in  favor  of 
Mr.  Baxter's  amendment  and  opposed  to  the  substitute. 

Mr.  CHAIRMAN.  The  question  is  on  the  substitute.  AH 
in  favor  of  the  substitute  as  offered  by  Governor  Hoyt  will  in- 
dicate the  same  by  saying  aye;  those  opposed  no.  The  noes 
have  it ;  the  substitute  is  lost.  The  question  now  recurs  on  the 
amendment  offered  bv  Mr.  PJaxter. 


584  CONSTITUTIONAL  CONVENTION. 

Mr.  BAXTER.    In  order  to  have  this  in  the  best  language 
possible,  I  would  like  to  ask  whether  it  is  proper  to  call  tele- 
graph lines  public  highways ;  if  it  is  I  will  leave  it. 
Mr.  POTTER.    That  is  all  right. 

Mr.  CHAIRMAN.     The  question  is  on  the  amendment  of 
Mr.  Baxter.    Are  you  ready  for  the  question? 

Mr.  RINER.    iL  move  to  amend  by  adding  "and  their  fami- 
lies." 

Mr.  REED.    Second  the  motion. 

Mr.  Oil  AIRMAN.  The  question  is  on  the  amendment.  All 
in  favor  of  the  amendment  offered  by  the  gentleman  from  Lar- 
amie,  Mr.  Riner,  will  say  aye;  contrary  no.  The  ayes  seem  to 
have  it.  A  division  is  called  for.  All  in  favor  of  the  motion  to 
amend  will  rise  and  stand  until  counted — 13.  Those  opposed 
will  rise  and  stand — 10.  The  amendment  is  carried.  The  ques- 
tion now  recurs  upon  the  amendment  as  amended.  Are  you 
ready  for  the  question?  As  many  as  are  in  favor  of  the  amend- 
ment will  say  aye;  those  opposed  no.  The  chair  is  in  doubt. 
As  many  as  favor  the  amendment  will  rise  and  stand  until 
counted — 14.  Those  opposed  will  rise — 9.  In  the  negative. 
The  amendment  is  adopted. 

Auy  further  amendments  to  this  File  31? 
Mr.  11OYT,  1  wish  to  offer  a  substitute  for  Sec.  3  as  fol- 
lows: "Every  railroad  corporation  or  association  operating  a 
line  of  railroad  within  this  state  shall  be  required  as  often  as 
once  annually  to  make  a  report  under  oath  to  the  auditor  of 
state,  showing  the  amount  of  its  business  within  this  state, 
together  with  such  other  facts  as  the  legislature  may  require, 
and  in  such  form  as  the  auditor  shall  prescribe  bv  authority  of 
law." 

If  there  is  a  second  to  the  substitute  I  will  explain. 
Mr.  COFFEEN.  I  second  the  amendment,  but  it  seems  to 
me  that  they  should  be  required  to  make  this  report  under  oath. 
Mr.  HOYT.  It  says  under  oath.  In  the  first  place,  I  think 
there  should  be  authority  in  the  legislature  covered  by  the  con- 
stitution to  require  other  facts  if  it  should  be  deemed  import- 
ant; the  amount  of  business  is  one  thing.  I  believe,  I  may  say, 
after  having  a  good  deal  to  do  with  railroad  matters  for  a  term 
of  years,  I  feel  satisfied  that  both  the  interests  of  the  corpo- 
rations themselves  and  of  the  state,  would  be  promoted  by  a 
thorough  knowledge  of  the  facts.  Often  the  stockholders  them- 
selves are  working  in  the  dark.  Voting  and  acting  in  the  dark, 
matters  are  left  to  the  directors,  who  control  the  affairs,  and 
the  stockholders  have  but  little  knowledge  of  the  business.  It 
is  important  then  and  to  the  interests  of  the  stockholders  that 
they  should  have  information,  and  the  state  should  have  such 
information.  There  would  be  no  harm  done  to  any  corporation 
that  is  dealing  justly  and  fairly  with  the  public  in  having  all 


PROCEEDINGS  AND  DEBATES.  585 

the  facts  spread  before  the  world.  This  does  not  require  any 
specification  of  fact's,  but  simply  says  "such  other  facts"  in  con- 
nection with  their  business  as  the  legislature  may  deem  it  im- 
portant to  the  public  interests  to  require,  and  the  form  shall-be 
prescribed  by  the  auditor,  who  shall  be  delegated  by  law  with 
such  power.  I  think  that  very  often  the  quarrels  and  general 
warfare  that  is  carried  on  between  railroads  and  the  public  are 
because  the  public  do  not  understand  all  the  facts  and  circum- 
stances and  difficulties  connected  with  the  operating  of  a  rail- 
road, on  the  on£  side,  and  the  railroad  having  antagonized  the 
public  on  the  other  side,  and  if  the  facts  were  known  these 
troubles  would  be  avoided,  and  I  think  there  should  be  some 
such  provision,  in  the  interests  of  the  corporations  as  well  as 
of  the  public. 

Mr.  CHAIRMAN.  The  secretary  will  read  the  substitute 
offered  for  Sec.  3. 

(Reading  of  the  substitute.) 

Are  you  ready  for  the  question? 

Mr.  RINER.  I  would  like  to  ask  the  legal  fraternity  of  this 
convention  what  is  added  by  the  proposed  amendment  to  this 
section.  The  legislature  may  prescribe  that  that  report  shall 
T>e  made  under  oath,  that  it  shall  be  made  by  the  president  and 
secretary  of  the  company,  they  may  prescibe  that  it  shall  show 
a  list  of  stockholders,  and  the  amount  of  stock  held  by  each, 
they  may  require  anything  which  the  legislature  may  think 
proper  to  require  to  protect  the  public  interests.  If  wre  are  go- 
ing into  the  question  of  legislation,  let  us  do  it.  I  think  I  see 
•gentlemen  here  who  would  be  glad  to  take  up  these  matters, 
and  go  into  the  question  of  rates  and  load  them  down  with 
: stuff  in  this  constitution  that  will  have  little  legal  weight  what- 
ever. This  section  as  it  stands  gives  the  legislature  just  as  full 
and  complete  powers  as  the  proposed  substitute,  and  is  worded 
'in  language  that  cannot  be  mistaken,  I  think  that  the  amend- 
:ment  offered  is  unnecessary,  because  it  gives  to  the  legislature 
no  additional  powers,  and  gives  a  chance  for  trouble  about  the 
construction  of  the  language,  whereas  the  language  here  is 
plain  and  simple  and  can  be  construed  without  a  ay  difficulty  by 
•either  lawyer  or  layman.  But  the  greatest  objection  I  have  to 
the  amendment  is  that  it  is  legislation,  and  has  no  place  what- 
•ever  in  this  constitution. 

Mr.  HOYT.  In  answer  to  that  I  merely  wish  to  ask  the  gen- 
tleman if  it  is-  so  highly  improper  and  unnecessary  to  add  the 
proposed  provision,  why  is  this  section  offered  at  all?  I  believe 
that  the  p'eople  have  the  power  in  themselves,  inherent  in  the 
people  of  the  state,  to  regulate  these  corporations.  There  are 
many  powers  inherent  in  the  people,  yet  when  we  frame  a  con- 
stitution we  insert  provisions  concerning  them,  giving  instruc- 
tions to  the  legislature  and  giving  notice  to  the  world  regard- 


586  CONSTITUTIONAL  CONVENTION. 

ing  them,  that  they  may  understand  and  that  the  people  may- 
understand  what  is  expected  of  them.    Now  if  the  proposition 
offered  is  out  of  place,  then  this  section  in  the  printed  bill  is 
out  of  place.    Xow  I  only  wish,  Sec.  3  having  been  introduced 
and  considered  at  some  length,  to  perfect  it  if  possible,  and  per- 
fect   it    in      the    interests    of    all    concerned.    I    am    op- 
posed to  legislation  in  the  constitution.    I  opposed  it  from  the 
beginning,  but  here  is  a  provision,  an  article  which  we  propose 
to  adopt,  in  some  other  form  or  another,  even  if  it  is  legislation,, 
so  let  us  make  it  as  clear  as  we  can.  % 

Mr.  RINER.  I  don't  seem  to  succeed  in  making  myself 
plain.  I  didn't  know  that  I  said  it  was  unnecessary  to  adopt 
Sec.  3.  My  proposition  was  that  the  proposed  amendment  adds 
nothing  to  Sec.  3.  I  am  not  opposed  to  Sec.  3.  The  section  as 
it  now  stands  provides  this  report  shall  be  made  in  such  form 
as  the  legislature  shall  prescribe.  J  say  that  in  that  language, 
"in  such  form  as  the  legislature  may  prescribe,"  under  that  lan- 
guage the  legislature  may  require  a  railroad  to  show  anything- 
that  they  deem  necessary  and  important  for  the  public  to  know. 
They  may  require  them  to  embody  in  that  report  a  list  of  their 
stockholders,  the  number  of  shares  held  by  each,  they  may  re- 
quire anything  relating  to  their  business  that  the  legislature 
see  fit,  I  sav  this  that  the  section  as  it  stands  is  better  than  the 
amendment,  and  I  stick  to  it.  Where  a  form  is  prescribed  you 
are  limited  to  the  form,  and  you  are  bound,  and  the  legislature 
is  bound,  and  has  only  power  to  put  in  their  requirement  such 
matters  as  are  stated  in  the  constitution.  Let  us  leave  it  as 
it  is,  it  is  broad  enough  and  leaves  the  legislature  power  to  re- 
quire at  the  hands  of  the  company  any  matter  which  in  their 
wisdom  they  deem  necessary  and  important.  I  say  that  the 
proposed  amendment  weakens  the  provision,  because  the 
amendment  undertakes  to  prescribe  what  that  report  shall  in- 
clude, and  is  a  limitation  upon  the  power  of  the  legislature.  It 
is  well  known  to  every  lawyer  that  where  a  form  is  prescribed 
you  are  limited  to  the  form,  and  I  wrant  to  know  if  leaving  the 
entire  form  to  the  legislature  as  in  this  section,  does  not  leave 
the  matter  in  better  shape  and  upon  a  better  basis,  as  a  consti- 
tutional provision?  I  think  it  does. 

Mr.  HOYT.  The  gentleman's  explanation  seems  to  discover- 
to  me  that  he  has  a  different  reading  of  the  provision  than  I 
have.  This  is  the  section:  "Every  corporation  or  association 
operating  a  line  of  railroad  writhin  this  state  shall  be  required 
as  often  as  once  annually  to  make  a  report  under  oath  to  the 
auditor  of  state,  showing  its  business  within  the  state,  in  such 
form  as  the  legislature  may  prescribe."  The  word  amount  is 
not  there.  I  merely  want  to  have  this  in  such  shape  that  there- 


PROCEEDINGS  AND  DEBATES.  587- 

will  be  no  question  about  it,  and  if  the  convention  thinks  the 
section  as  printed  covers  the  whole  ground  I  withdraw  my  sub* 
stitute. 

(Substitute  is  withdrawn.) 

Mr.  TESCHEMACHER.  I  move  when  this  committee- 
arise  they  report  back  the  substitute  for  File  31  with  the  rec- 
ommendation that  it  do  pass. 

Mr.  HOYT.    Second  the  motion. 

Mr.  CHAIRMAN.  You  have  heard  the  motion.  All  in  fa- 
vor of  the  motion  will  say  aye;  those  opposed  no  The  ayes  have 
it;  the  motion  prevails. 

File  No.  60,  federal  relations. 

Mr.  CHAIRMAN.    The  secretary  will  read  Sec.  1. 

(Reading  of  Sec.  1.) 

Is  there  any  ataiendment  to  Sec.  1?  If  not  Sec.  2  will  be- 
read. 

Mr.  POTTER.  It  strikes  me,  although  I  have  not  read  the 
bill  under  which  all  these  states  are  admitted,  it  strikes  me 
that  these  matters  contained  in  this  report  come  under  the 
head  of  ordinances.  It  strikes  me  that  W7ay.  I  know  Sec.  2"' 
does. 

(Reading  of  Sec.  2.) 

Mr.  CHAIRMAN.  Any  objection  to  Sec.  2?  If  not  Sec.  3' 
will  be  read. 

(Reading  of  Sec.  3.)  , 

Mr.  CHAIRMAN.    Any  objection  to  Sec.  3? 

Mr.  HOYT.  It  occurs  to  me  that  Sees.  2,  3  and  5  ,while- 
proper  in  themselves,  these  sections  necessarily  belong  to  oth- 
er articles  to  be  incorporated  in  the  constitution,  and  should 
be  omitted  from  this  ajrticle.  I  think  part1  of  them  belong  in 
the  bill  of  rights,  and  in  the  file  on  public  schools,  the  educa- 
tional article,  and  are  found  there. 

Mr.  FOX.  The  committee's  report  recommended  that  these- 
should  be  put  in  the  constitution  where  they  belong,  as  the  re- 
vision committee  may  decide.  Senate  bill  2,445,  under  which 
we  hope  to  come  in  as  state,  makes  this  requirement  embodied 
in  Sec.  3,  so  the  committee  on  federal  relations  thought  they 
ought  to  report  it. 

Mr.  POTTER,  I  think  I  can  call  Governor  Hoyt's  atten- 
tion to  the  senate  bill,  to  the  end  of  the  bill  where  it  refers  to 
Wyoming,  and  I  find  the  same  provision  in  the  bill  referring 
to  other  states,  that  said  convention  will  provide  by  ordinances 
irrevocable,  without  the  consent  of  the  United  States  and  the 
people  of  said  state,  certain  things,  and  this  section  is  in  exact- 
ly the  words  of  the  senate  bill.  No  matter  if  they  are  in  other 
places  of  the  constitution,  they  must  go  into  the  constitution^ 
under  the  head  of  ordinances. 


-588  CONSTITUTIONAL  CONVENTION. 

Mr.  BURRITT.  I  think  the  revision  committee  can  at- 
tend to  all  these  things,  and  I  therefore  move  that  when  this 
committee  arise  it  report  this  file  favorably  to  the  convention 
with  the  recommendation  that  it  do  pass. 

Mr.  CHAIRMAN.    I  want  to  call  attention  to  Sec.  4.    It 
strikes  me  as  being  very  broad. 

Mr.  POTTER.    That  is  just  what  the  senate  bill  declares, 
:that  the  debts  and  liabilities  shall  be  assumed  by  said  state. 

Air.  BROWN.  I  offer  as  a  substitute  for  Sec.  4,  "All  debts 
and  liabilities  of  the  territory  of  Wyoming  shall  be  as- 
-surned  and  paid  by  this  state." 

Mr.  POTTER.    Second  the  motion. 

Mr.  CHAIRMAN.  The  question  is  on  the  substitute  offer- 
ed by  Judge  Brown,  to  Sec.  4.  Are  you  ready  for  the  question? 
As  many  as  favor  the  substitute  will  say  aye;  those  opposed 
no.  The  ayes  have  it ;  the  substitute  is  adopted.  Any  further 
amendments  to  the  file?  It  is  moved  that  this  file  be  reported 
back  to  the  convention  with  the  recommendation  that  it  do 
pass.  Are  you  ready  for  the  question?  All  in  favor  of  the  motion 
will  say  aye ;  those  opposed  no.  The  ayes  have  it ;  the  motion  is 
carried. 

File  No.  84. 

Mr.  RINER.  I  move  when  this  committee  arise  it  report 
back  this  file  with  the  recommendation  that  it  be  adopted  as 
a  part  of  the  constitution. 

Mr.  BAXTER.  It  seems  to  me  that  in  its  present  shape  it 
is  entirely  too  far  reaching,  if  I  understand  the  purpose  of  the 
provision.  It  says:  "The  legislature  shall  establish  boards  of 
arbitration,  whose  duty  it  shall  be  to  hear  and  determine  all 
differences  and  controversies  between  laborers  and  their  em- 
ployers." My  idea  about  this  board  is  this;  they  don't  care  to 
hear  the  differences  that  may  arise  between  me  and  some- 
body I  have  employed  to  build  a  fence,  or  any  trivial  matter  of 
that  kind,  if  they  do  you  will  have  boards  of  arbitration  sitting 
constantly.  I  understand  the  object  of  this  proposition  is  to 
reach  matter  of  such  gravity  as  would  threaten  a  strike  of  any 
considerable  number  of  employes,  that  such  differences  shall 
be  submitted  to  a  board  of  arbitration,  and  not  may  be,  as  Mr. 
Riner  seems  to  understand,  upon  application  of  either  party. 
I  believe  it  to  be  the  intention  of  this  committee  to  indicate 
in  some  way  or  other  when  parties  shall  call  upon  a  board  of 
arbitrators  to  adjust  their  differences;  others  may  do  it  if  they 
choose,  but  we  should  not  say  here  that  all  differences  between 
employers  and  employes  shall  be  submitted  to  a  board  of  ar- 
bitration. 

Mr.  SMITH.    I  move  to  strike  out  "on  the  district  courts." 


PROCEEDINGS  AND  DEBATES.  589. 

Mr.  CHAIRMAN.  It  is  moved  and  seconded  that  the  last 
four  words  In  the  last  line  of  this  file  be  stricken  out.  Are  you 
ready  for  the  question? 

Mr.  SMITH.  I  would  like  to  ask  the  attention  of  the  con- 
vention to  this,  as  it  reads.  Where  are  you  going  to  limit  them 
if  they  have  all  the  powers  and  privileges  conferred  by  law  On 
the  district  courts?  Who  is  to  determine  what  is  "applicable?'7 
I  am  in  favor  of  a  measure  of  this  kind,  but  I  «m  in  favor  of  its 
being  regulated  by  law  in  such  a  way  as  they  Avill  be  in  a  posi- 
tion to  do  something,  but  as  it  is  now  itwill  simply  amount  to  a 
dead  law. 

Mr.  CHAIRMAN.  Are  you  ready  for  the  question?  All  in 
favor  of  the  motion  to  strike  out  wrill  say  aye;  contrary  no.  The* 
ayes  have  it ;  the  motion  to  strike  out  prevails. 

Mr.  HAKVEY.    I  think  this  thing  is  absurd. 

Mr.  CHAIRMAN.  Does  the  gentleman  wish  to  make  a  mo- 
tion? 

Mr.  HARVEY.    No,  I  don't  care  to,  but  this  thing  seems  ab- 
surd as  it  is  now. 

Mr.  BAXTER.  I  think  myself  it  is  desirable  to  have  a  prop- 
osition in  this  constitution  which  will  make  it  binding  upon 
either  party  to  a  contest  to  submit  it  to  a  board  of  arbitration, 
provided  the  employer  is  employing  labor  of  such  an  amounjfc 
as  to  seriously  threaten  the  disturbance  of  the  peace  of  the 
country,  but  it  seems  to  me  that  in  its  present  shape  it  is  a 
most  extraordinary  clause.  It  shall  be  the  duty  of  the  board  to 
hear  all  differences  between  employers  ami  their  employes. 
That  means  every  man  that  employs  hands.  If  I  have  a  man 
working  for  me  and  we  have  some  difference  we  have  to  go  to 
this  board.  If  an  employer  is  employing  labor  of  such  quantity 
as  to  threaten  a  strike  upon  the  part  of  a  large  number  of  em- 
ployes, there  should  be  some  provision  for  arbitration  in  that 
case,  and  not  that  they  submit  but  that  they  shall  come  in  and 
submit  to  arbitration  upon  the  aplication  of  either  party. 

Mr.  P.URR.I.TT.  The  question  as  I  understand  it  is  upon  re- 
porting back  this  file  with  the  recommendation  that  it  do  pass.. 
This  is  the  first  time  I  have  seen  this  file,  and  I  have  been 
reading  it  vigorously,  endeavoring  to  get  at  the  meaning  of  it, 
and  been  hoping  that  some  member  would  get  up  and  explain. 
I  have  heard  no  explanation  as  yet.  If  it  said :  "The  legislature 
shall  establish  boards  of  arbitration,  whose  duty  it  shall  be  to 
hear  and  determine  differences  and  controversies  between  la- 
borers and  their  employers  upon  such  matters  and  in  such 
manner  as  the  legislature  may  prescribe,"  and  stop  right  there,, 
there  might  be  somei  sense  in  it,  but  if  this  file  passes  in  its 
present  shape  it  don't  mean  anything  in  the  world,  it  is  just 
like  a  blank  piece  of  paper,  and  J  am  opposed  to  the  committee 
making  any  such  report  in  reference  to  this  file.  You  might 


590  CONSTITUTIONAL  CONVENTION. 

just  as  well  wipe  out  the  judiciary  altogether.  If  this  was  in- 
tended by  Committee  No.  10  to  reach  corporations  who  bare 
differences  with  these  labor  organizations,  why  then  it  seems  to 
me  that  it  ought  to  be  so  worded.  As  it  is  now  it  fails  to  reach 
rthat  purpose.  Any  person  could  drive  a  four  horse  team  and 
wragon  through  that  and  never  touch  that  idea.  I  may  be  a 
blockhead,  but  I  fail  to  see  any  meaning  in  it  the  way  it  now 
rstands. 

Mr.  REED.  There  seems  to  be  a  good  deal  of  controversy 
.over  this  file.  If  a  man  wall  read,  it  over  carefully  he  will  see 
that,  rthetfe  is  a  good  deal  of  sense  in  it,  and  not  so  absurd  as 
.some  of  these  gentlemen  seem  to  think.  Sec.  1  as  it  now  stands 
lias  already  been  adopted  by  another  state.  I  will  state  that 
my  object  in  proposing  it  to  this  convention  was  this,  to  pro- 
tect us.  I  presume  everybody  knows  that  the  Union  Pacific 
a  short  time  ago  was  on  the  verge  of  a  very  important  strike, 
similar  to  the  C.  B.  &  Q.  I  know  it  anyway,  and  know  all 
about  it.  The  company  in  trying  to  get  around  the  strike  in- 
sisted upon  arbitration,  and  we  refused  to  arbitrate,  because 
we  took  the  stand  that  we  had  nothing  to  arbitrate.  One 
morning  in  Omaha  every  paper  in  the  city  came  out  and  said 
the  Brotherhood  was  bound  to  arbitrate,  and  should  arbitrate. 
^We  didn't  understand  the  sudden  change  of  opinion,  but  simply 
to  accommodate  the  public  and  the  people  at  large  we  said  we 
would  arbitrate.  They  took  one  man,  we  took  one  man,  and 
these  two  selected  a  third,  and  in  two  hours  they  decided  that 
.our  ground  was  just,  and  that  the  company  was  in  the  wrong. 
I  want  this  proposition  in  here  in  some  way  so  we  can  submit 
these  differences.  Your  section  in  your  judiciary  bill  is  not 
going  to  reach  these  big  strikes  at  all 

Mr.  McCANDLISH.  I  would  like  to  ask  the  gentleman, 
in  the  case  he  speaks  of,  suppose  the  case  had  been  reversed, 
suppose  the  Brotherhood  had  wanted  to  arbitrate,  and  the  com- 
pany had  refused  to  arbitrate.  There  is  nothing  in  this  bill 
to  make  them  arbitrate,  if  they  don't  want  to,  I  would  like 
to  see  something  put  in  it  to  compel  them  to  arbitrate. 

Mr.  GREED.  I  will  state  that  the  Union  Pacific  Avill  al- 
ways arbitrate;  they  have  got  their  teeth  cut;  and  the  C.,  B. 
.&,  Q.  will  always  arbitrate. 

Mr.  BROWN.  I  have  a  motion  that  I  want  to  make,  and  I 
Tvish  to  state  before  hand  why  I  make  'it.  I  don't  believe  in 
putting  things  in  this  constitution  that  will  amount  to  about 
as  much  as  the  wind  whistling  around  this  statehouse,  and 
when  we  keep  in  this  proposition  or  article  the  words  which 
follow  "employers"  in  the  second  line  it  simply  destroys  the 
entire  proposition,  and  makes  it  about  equal  to  the  whistling  of 
the  wind.  When  we  undertake  to  do  anything  let  us  do  it  so 
that  it  will  accomplish  its  purpose  and  reap  results.  I  know 


PROCEEDINGS  AND  DEBATES.  59! 

what  Mr.  Keed  want's  to  accomplish,  and  I  offer  this  amend- 
ment because  I  believe  it  will  accomplish  just  the  object  which 
the  gentleman  has  in  mind.    T  propose  then  to  strike  out  all  of 
these  words  in  the  third  line,  ''which  shall  be  submitted  to  them 
in  writing  by  all  the  parties."    I  propose  to  insert  in  the  second 
line  between  the  word  "laborers"  and  "between"  the  word 
"organizations."  The  proposition  which  we  desire  to  reach  here 
is  not  the  difficulties  that  constanly  arise  between  an  every  day 
laborer  and  the  man  who  employs  him,  every  stable  boy  and 
Jris  employer,  but  we  want  to  reach  a  much  more  dangerous 
element.    When  men  organize  to  resist  the  rights  of  their  em- 
ployers they  then  become  an  organization,  and  as  an  organiza- 
tion they  become  dangerous  to  society.     Under  such  circum- 
stances, when  so  organized,  they  destroy  immense  amounts  of 
property ;  they  may  destroy  the  entire  property  of  a  corporation, 
and  if  these  matters  are  compelled  by  law  to  be  submitted,  ff 
these  labor  organizations  may  be  brought  to  submit  their  dif- 
ferences to  these  boards  of  arbitration,  society  may  be  saved 
bloodshed,  outrage  and  all  other  violence  that  we  suffer  from 
thisl  cause.     There  is  another  thing  about  it,  it  will  not  only 
save  the  property  of  the  employer,  but  if  this  measure  is  en- 
forced, it  will  save  the  men  who  organize  to  resist  wrong,  the 
results  of  their  hard  earnings,  and  it  is  to  save  them  the  expen- 
diture of  their  hard  earnings  m  resisting  w  Aat  they  believe 
to  be  wrong  against  their  rights,  that  these  boards  of  arbitra- 
tion should  be  established.    Not  only  in  their  interest  is  it  that 
we  should  establish  them,  to  save  them,  but  we  should  estab- 
lish them  in  the  interest  of  general  society,  and  for  the  good  of 
society  at  large.    These  matters  have  been  considered  in  every 
part  of  the  world,  strikes  are  common  everywhere,  men  who 
think  their  rights  have  been  taken  away  from  them  by  organ- 
ized capital,  to  their  injury,  will  resist  the  wrong,  and  have  the 
right  to  resist,  and  I  admire  them  when  they  do  resist,  but 
when  they  are  compelled  to  resist  to  the  extent  of  destroying 
life  and  property,  they  are  injuring  not  only  their  employers, 
but  themselves  and  society  at  large.    There  is  but  one  way  to 
reach  these  outbreaks,  and  they  can  be  reached  by  these  courts 
of  arbitration,  and  I  say  to  you,  gentlemen,  let  us  here  in  Wyo- 
ming a't  least  undertake  to  establish  a  remedy  for  these  evils 
which  are  as  wide  as  the  world.    When  we  undertake  to  do  it 
by  the  establishment  of  a  board,  or  a  court  of  arbitration,  we 
are  taking  one  step  in  the  right  direction,  you  can  depend  upon 
it. 

Mr.  COFFEEN.  I  would  like  to  ask  Judge  Brown  one  ques- 
tion. I  believe  we  are  striking  in  the  right  direction 
in  behalf  of  the  vast  number  of  laborers  when 
we  establish  these  -  boards,  but  when  he  says  or- 
ganizations of  laborers,  I  think  that  term  may  be  more  limited 


592  CONSTITUTIONAL  CONVENTION. 

than  we  now  think,  not  so  broad  as  if  we  said  "or  associations.'*" 
The  courts  may  decide  the  term  organizations  will  limit  this  to* 
those  that  are  established  with  their  presidents  and  secreta- 
ries, in  some  large  form  or  other,  a  small  body  of  men  associat- 
ed together  ought  certainly  to  have  the  benefit  of  this.  I  sup- 
port, this  most  heartily,  but  I  am  a  little  afraid  of  that  word 
organizations  as  it  is.  "Or  associations  of  laborers"  I  think 
would  improve  his  amendment. 

Mr.  BROWN.  It  seems  to  me  that  when  we  say  organiza- 
tions of  laborers,  it  is  any  organization  of  laborers,  that  is  my 
idea,  but  if  what  the  gentleman  suggested  will  add  anything  to1 
it,  I  am  entirely  willing  to  accept  the  amendment. 

Mr.  COFFEEN.  I  say'the  word  association  would  be  a  good 
word,  organizations  or  associations  of  laborers,  and  that  being 
accepted  |I  wish  to  say  a  word  on  this.  I  think  this  covers  the 
ground  perfectly;  they  must  be  submitted  in  writing  and  leave 
it  to  the  legislature  to  prescribe  what  powers  and  authority 
they  shall  .possess,  and  under  what  circumstances  they  must 
come  to  arbitration,  if  necessary,  and  I  believe  the  legislature 
will  deal  wisely  with  all  these  things.  Again,  while  it  is  true, 
no  doubt,  what  the  gentlemean  stated  concerning  the  demands 
for  arbitration,  on  the  ,part  of  the  corporation,  and  not  the 
laborers,  my  own  observation  has  been  among  the  people  with 
whom  I  have  lived,  that  the  laborers  have  in  many  cases- 
sought  arbitration,  and  sought  it  in  vain,  and  therefore  I  want 
it  so  it  shall  not  be  impossible  to  bring  these  matters  to  arbi- 
tration; that  they  shall  be  brought  before  these  boards  of  ar- 
bitration, and  I  am  therefore  in  favor  of  the  amendment. 

Mr.  BURRITT.  If  this  file  is  open  to  amendment  I  desire  to 
move  an  amendment  to  the  amendment,  but  I  won't  designate 
it  in  that  way.  I  offer  this  as  a  substitute  for  the  whole  prop- 
osition, and  I  desire  to  say,  Mr.  Chairman,  just  this :  <I  endorse 
fully  all  the  gentleman  from  Sheridan  has  just  said,  but  the 
point  I  object  to,  the  one  I  made  when  I  first  arose,  although  I 
may  not  have  made  it  clear,  is  the  point  I  desire  to  emphasize, 
and  is  my  reason  for  offering  this  amendment.  I  am  just  as 
much  in  favor  of  protecting  organized  labor  of  any  kind  as  any 
man  in  this  convention,  and  I  should  like  to  see  it  on  an  equal- 
ity with  capital,  but  what  I  object  to  is  incorporating. into  this; 
constitution  a  precise  form  of  judiciary  for  this  matter  of  arbi- 
tration, which  may  after  a  little  experience,  after  the  first  case 
even,  prove  to  be  an  unwise  provision.  Now  in  the  manner  in 
which  I  have  worded  this  substitute  it  will  leave  it  to  the  leg- 
islature to  prescribe  the  jurisdiction  of  this  court,  what  its  du- 
ties are,  and  when  its  services  shall  be  required;  but  if  we  put 
it  in  as  it  is  now,  and  it  prove  a  failure,  we  cannot  change  it 
without  changing  the  constitution,  il  offer  the  substitute,, 
which  reads  as  follows:  "The  legislature  shall  establish  boards 


PROCEEDINGS  AND  DEBATES.  593 

of  arbitration,  whose  duty  it  shall  be  to  hear  and  determine  all 
differences  and  controversies  between  organizations  or  associa- 
tions of  laborers  and  their  employers,  which  shall  be  submitted 
to  them  in  such  manner  as  the  legislature  may  provide." 

Mr.  REED.  I  am  afraid,  as  the  gentleman  here  on  my  right 
has  suggested,  that  by  the  time  we  get  through  with  the  origi- 
nal file,  we  won't  know  what  it  is.  I  have  no  remarks  to  offer 
upon  the  amendment  offered  by  Judge  Brown.  I  think  it  is 
right,  and  reads  sensible  on,  the  face  of  it,  but  to  add  any 
amendments  to  it  we  can't  tell  whether  we  are  going  to  have 
a  board  of  arbitration  or  not,  the  way  matters  are  going  now. 
I  don't  favor  any  more  amendments;  I  will  take  my  chances  on 
it  as  it  is. 

Mr.  RINER.  I  will  favor  either  the  substitute  or  the 
amendment.  I  will  favor  the  substitute  first  because  that  is  to 
be  voted  upon  first,  but  I  Avant  to  call  the  attention  of  the 
convention  to  one  matter,  and  that  is  this:  When  you  confine 
your  question  of  arbitration  to  organizations  or  associations 
of  laborers,  you  cut  off  and  deprive  one-half  at  least  of  the 
railroad  men  in  the  country  of  the  right  to  arbitrate.  I  be- 
lieve in  arbitration,  so  does  every  one  who  has  any  interest, 
directly  or  indirectly,  in  corporations.  I  wish  it  might  be  pos- 
sible for  every  company,  or  any  man  who  has  any  differences 
of  any  difficulty  between  the  laborer  and  his  employer,  to  come 
to  arbitration.  It  is  better  for  the  company  and  better  for  the 
laborer,  but  I  don't  believe  when  you  come  to  look  this  over 
it  exactly  reaches  the  question.  However,  if  it  is  thought  by 
the  convention  that  it  does,  I  will  gladly  vote  for  the  amend- 
ment, because  I  believe  it  is  a  step  in  the  right  direction,  al- 
though it  does  not  go  far  enough  in  my  judgment. 

Mr.  CHAIRMAN.    The  queston  is  on  the  substitute. 

Mr.  SMITH.  I  would  like  to  ask  that  the  two  amendments 
offered  by  Judge  Brown  be  put  separately,  as  I  would  like  to 
vote  upon  them  separately 

Mr.  CHAIRMAN.  The  question  is  on  the  substitute  offer- 
ed by  the  gentleman  from  Johnson,  Mr.  Burritt. 

Mr.  REED.  The  gentleman  would  seem  to  doubt  that 
every  branch  of  labor  on  the  Union  Pacific  is  organized.  To 
my  knowledge  there  is  not  a  single  branch  on  that  road  that 
is  not  organized,  all  under  a  separate  head,  but  under  one  fed- 
eral control,  as  it  were. 

Mr.  COFFEEN.    I  rise  to  ask  that  the  amendment  be  read. 

(Reading  of  Mr.  Burritt's  substitute.) 

Mr.  CHAIRMAN.  Are  you  ready  for  the  question?  All  in 
favor  of  the  substitute  will  say  aye;  contrary  no.  The  ayes 
have  it;  the  substitute  is  adopted. 

—  38 


594  CONSTITUTIONAL  CONVENTION. 

Mr.  POTTER.  I  move  that  when  this  committee  arise  it 
report  back  this  substitute  with  the  recommendation  that  it 
do  pass. 

Mr.  BURBITT.    Second  the  motion. 

Mr.  CHAIRMAN.  Gentlemen,  you  have  heard  the  motion, 
Are  you  ready  for  the  question?  All  in  favor  of  the  motion  will 
say  aye;  contrary  no  The  ayes  have  it;  the  motion  prevails. 

Substitute  for  Files  7,  26,  27/41,  55  and  54,  revenue. 

Mr.  RINER.  I  move  this  be  made  the  special  order  for  to- 
morrow afternoon.  I  will  explain  if  I  can  get  a  second. 

Mr.  POTTER,    Second  the  motion. 

Mr.  RINER.  I  do  this  because  this  is  a  question  upon  which 
I  wish  to  vote  intelligently.  There  are  a  number  of  members 
who  are  away,  but  who  will  be  here  on  tomorrow's  train,  that 
have  taken  the  trouble  to  inform  themselves  about  this  mat- 
ter, which  I  consider  one  of  the  most  important  matters  this 
convention  has  to  deal  with.  I  believe  we  ought  to  avail  our- 
selves of  all  the  information  we  can  obtain,  and  there  are  a 
number  of  gentlemen  from  Rock  Springs  and  Uinta,  and  oth- 
ers that  I  know  of,  I  don't  know  whether  Mr.  Richards  will 
be  here  or  noit,  who  are  particularly  interested  in  this,  and 
would  like  to  take  part  in  the  discussion. 

Mr.  HAY.  Have  it  made  Wednesday  morning;  the  Chey- 
enne &  Northern 'will  come  in  tomorrow  night  and  Mr.  Richards 
may  come  in  on  that. 

Mr.  RINER,    Second  the  motion. 

Mr.  CHAIRMAN.  It  is  moved  that  when  we  rise  we  report 
this  back  to  the  convention  with  the  recommendation  that  it 
be  made  the  special  order  for  Wednesday  morning.  Are  you 
ready  for  the  question? 

Mr.  BROWN.  I  object  to  Wednesday.  There  is  no  use  in 
putting  it'  off  day  after  day.  We  might  as  well  tackle  it  now 
as  any  time.  Let  us  have  it  tomorrow.  There  is  no  use  in 
delaying  these  things,  putting  matters  off,  let  us  get  down  to. 
work  and  get  through.  I  am  opposed  to  Wednesday. 

Mr.  HARVEY.  There  is  no  probability  of  anyone  coming 
on  the  Cheyenne  .&  Northern. 

Mr.  HAY.  Well,  then  if  that  is  the  case,  I  withdraw  my 
motion,  as  that  was  the  only  reason  why  I  made  it'. 

Mr.  CHAIRMAN.  The  question  is  on  the  motion  that  this 
be  made  special  order  for  tomorrow.  Are  you  ready  for  the 
question?  All  in  favor  of  the  motion  will  say  aye;  contrary  no. 
The  ayes  have  it ;  the  motion  prevails. 

(Substitute  for  Files  11,  38,  42  and  72.) 

Mr.  CHAIRMAN.  Is  there  any  objection  to  Sec.  1?  If  not 
Sec.  2  will  be  read. 

(Reading  of  Sec.  2.) 


PROCEEDINGS  AND  DEBATES.  595 

Mr.  HARVEY.  I  think  that  is  surplusage;  it  is  unnecessa- 
ry ;  that  is  perfectly  understood,  and  I  think  there  is  no  use  in 
putting  it  into  the  constitution.  I  therefore  move  to  strike  it 
out. 

Mr.  HAY.    Second  the  motion. 

Mr.  CHAIRMAN.  Gentlemen,  you  have  heard  the  motion. 
Are  you  ready  for  the  question? 

Mr.  COFFEEN.  I  hope  the  motion  will  not  prevail.  Be- 
cause things  are  axioms  is  one  of  the  very  best  points  that  can 
be  made  in  favor  of  their  being  put  into  the  constitution.  Be- 
cause a  thing  is  regarded  as  an  axiom  is  no  restriction  upon 
courts  or  legislatures.  Jf  there  is  no  other  reason  for  striking 
out  than  because  it  is  an  axiom  I  think  it  had  better  remain 
where  it  is.  Such  things  as  are  universally  admitted  to  be  in 
the  interest  of  good  government  ought  of  all  things  to  be  in- 
corporated in  the  constitution.  Sometimes  the  right  of  the 
state  has  been  questioned  to  regulate  these  things,  and  some- 
times it  has  been  decided  one  way  and  sometimes  in  another, 
and  for  that  very  reason  I  think  it  ought  tp  be  inserted  here. 
,  Mr.  HAY.  My  idea  in  having  this  stricken  out  was  be- 
cause I  considered  it  unnecessary.  But  if  the  convention  thinks 
it  is  necessary,  I  have  no  objections  to  make. 

Mr.  CHAIRMAN.  It  is  moved  and  seconded  that  Sec.  2 
of  this  file  be  stricken  out.  Are  you  ready  for  the  question  ?  All 
in  favor  of  the  motion  will  say  aye;  contrary  no.  The  chair  is 
in  doubt.  As  many  as  favor  the  motion  to  strike  out  will  rise 
and  stand  until  counted — 9.  Contrary  minded  will  rise  and 
stand  until  counted — 18.  In  the  negative.  The  motion  is  lost. 

Mr.  FOX.  I  move  to  strike  out  all  after  the  word  "declared" 
in  tire  fourth  line.  I  think  all  that  follows  is  a  repetition. 

Mr.  HAY.    I  wish  to  say  that  is  what  I  objected  to. 

Mr.  CHAIRMAN.  It  is  moved  and  seconded  that  all  af- 
ter the  word  "declared"  in  the  fourth  line  be  stricken  out.  As 
many  as  favor  the  motion  will  say  aye ;  contrary  no.  The  noes 
have  it ;  the  motion  is  lost. 

(Reading  of  Sec.  3.) 

Mr.  CAMPBELL.  In  order  to  bring  this  matter  before  the 
convention,  I  move  to  strike  it  out.  I  confess  that  I  don't  know 
what  it  means  but  in  order  to  bring  it  before  the  convention  and 
have  it  explained,  I  move  it  be  stricken  out.  I  cannot  see  any 
necessitv  for  it  at  all.  I  don't  see  what  it  is  striking  at  in  the 
first  place. 

Mr.  BROWN.  The  idea  of  the  committee  in  reference  to  this 
matter  I  have  no  knowledge  of,  but  it  seems  to  me  that  the  op- 
eration of  it  would  be  this:  That  if  some  person  or  persons  have 
organized  or  undertaken  to  organize  a  company  for  some  pur- 
pose, and  has  not  done  anything  under  it,  that  it  would  be 
wiped  out  That  is  my  idea.  There  exists,  it  is  said,  I  don't 


596  CONSTITUTIONAL  CONVENTION. 

know  whether  there  is  any  truth  in  it,  but  it  simply  illustrates 
what  I  think  is  attempted  to  be  reached  here  in  this  section. 
It  is  said  that  in  the  Sweetwater  somewhere  a  straw  railroad 
company,  organized  under  the  laws  of  the  territory,  has  gone 
and  occupied  a  canyon,  and  by  their  occupation  of  it  have  pre- 
yented  the  Northwestern  road  from  constructing  its  line  over 
the  route  that  they  haye  selected  and  want}  to  build  oyer,  and 
that  the  extension  of  the  Northwestern  line  nas  absolutely  been 
preyented  by  the  said  straw  company  occupying  that  canyon. 
If  that  is  true  we  don't  want  these  straw  companies  to  con- 
tinue to  occupy  places  of  this  kind,  and  preyent  bona  fide  cor- 
porations from  building,  and  that  is  what  this  section  strikes 
at,  and  would  preyent  some  one  getting  up  a  company  on  pa- 
per, and  going  out  and  doing  one  or  two  days  work,  and  pre- 
yent some  bona  fide  company  from  occupying  the  ground  and 
constructing  a  road,  or  compel  them  to  buy  them  out  at  some 
exorbitant  figure. 

Mr.  MORGAN.  I  think  if  any  one  would  go  down  to  the 
secretary's  office  and  examine  the  incorporation  articles  on  file 
they  will  find  a  great  many  that  haye  done  nothing  but  taken 
out  their  organization  papers.  At  an  auction  not  long  ago  in 
this  city  the  stock  of  one  of  the  corporations  of  this  sort, 
amounting  to  some  seven  hundred  thousand  dollars,  was  sold 
for  fifty  cents.  The  company  was  organized  but  nothing  was 
done  under  it,  and  neyer  will  be,  and  just  as  Judge  Brown  says 
their  charter  ought  to  be  canceled,  so  as  not  to  prevent  bona 
fide  corporations  coming  in  and  occupying  the  ground. 

Mr.  POTTER.  As  a  member  of  the  committee,  when  this 
was  read  to  me  by  the  chairman  I  saw  no  objection  to  it,  for 
it  seemed  to  me  to  refer  to  special  charters  or  something  of 
that  kind,  but  Judge  Brown's  statement  here  leads  me  to  doubt 
the  wisdom  of  putting  it  in  here  just  as  it  is.  It  reads  "under 
which  an  actual  and  bona  fide  organization  shall  not 
haye  taken  place  and  business  been  commenced."  I  believe 
with  Judge  Brown  that  these  straw  companies  ought  to  be 
wiped  out  of  existence,  but  we  want  to  be  careful,  in  putting 
this  in  the  constitution  that  we  do  not  wipe  out  corporations 
or  companies  which  are  formed  in  good  faith,  and  intend  to 
do  business,  although  they  may  have  not  done  so  as  yet.  I  re- 
call to  mind  one  that  I  know  of  myself.  I  know  that  the  Burl- 
ington road  have  located  a  line  from  their  present  termination 
down  somewhere  near  Fort  Laramie,  and  have  filed  their  plat 
with  the  United  States  general  land  office.  They  have  their 
right  of  way,  have  bought  rights  of  way  through  lands,  and 
have  paid  for  it,  but  they  have  not  built.  The  railroads  have 
all  been  somewhat  obstructed  in  building  owing  to  the  depres- 
sion in  business,  but  they  intend  to  build.  They  have  put  m'on- 
ey  into  this  right  of  way,  but  under  this  provision  that  com- 


PROCEEDINGS  AND  DEBATES. 


597 


pany,  it  is  not  called  the  Burlington  but  is  known  here  by 
some  other  name,  the  Grand  Island  &  Western,  I  think  it  is, 
would  have  to  be  wiped  out  of  existence  because  they  had  not 
commenced  business.  At  least  I  think  that  would  be  the  con- 
struction of  this,  but  it  might  not  be. 

Mr.  SMITH.  Is  not  that  commencing  business?  If  they  put 
their  money  into  it,  that  would  indicate  their  good  faith.  But 
there  are  some  corporations  who  have  not  done  any  business 
and  don't  intend  to  do  any,  and  they  ought  to  be  wiped  out  of 
^existence.  But  we  ought,  to  be  very  careful  about  this  section. 

Mr.  COFFEEN.  A  word.  In  the  first  place  it  is  clear  that 
the  -same  wish  in  regard  to  this  matter  exists  in  the  minds  of 
all.  In  the  next  place,  as  d  take  it,  if  a.  railroad  has  commenced 
business  to  the  extent  of  surveying  the  line,  or  buying  the 
right  of  Avay,  or  anything  else  that  indicates  their  good  faith, 
they  are  safe.  This  is  intended  to  block  the  way  of  com- 
panies organized  to  take  advantage  of  the  free  railroad  lands, 
to  cut  them  off  from  getting  privileges  in  that  way,  but  if 
acting  in  good  faith,  it  don't  hurt  anybody. 

Mr.  HAY.  I  am  unfortunately  connected  with  a  corpora- 
tion  that  owns  some  land.  We  put  in  twenty  dollars  an  acre 
for  it,  it  is  coal  land.  We  put  that  in  two  years  ago,  we  have 
never  been  able  to  get  title  to  it,  and  we  Imve  never  done  any 
business  excep>t  to  put  our  money  into  it.  We  expect  to  some 
day,  and  I  don't  for  myself  see  the  justice  in  dissolving  it. 

Mr.  HARVEY.  I  would  like  to  ask  if  this  is  intended  to 
wipe  out  these  corporations  without  any  hearing. 

Mr.  FOX.    Bona  fide  organizations  it  says. 

Mr.  RINER,  It  is  qualified  by  the  words  "business  been 
commenced  in  good  faith." 

Mr.  BROWN.  In  answer  to  the  question  presented  by  the 
o-entleman  from  Converse,  Mr.  Harvey,  I  would  say  this  does 
not  wipe  out  without  a  hearing.  The  gentleman  will  see  in 
an  instant,  by  an  examination  of  the  section,  that  there  are 
many  questions  of  fact  raised  in  this  section.  "All  existing 
charters,  franchises,  etc.,  under  which  an  actual  and  bona  "fide 
organization  shall  not  have  taken  place."  That  is  one  fact;  a 
bona  fide  organization.  Its  business  commenced  is  another 
fact.  The  good  faith  of  the  parties  is  another  fact,  Now  all 
of  these  facts  would  seem  to  have  to  be  considered  before  any 
organization  is  wiped  out.  Who  is  to  decide  upon  these  facts? 
How  are  they  to  be  determined?  The  corporation  must  go  into 
court  and  establish  the  fact  that  they  cannot  wipe  them  out  un- 
der this  provision.  But  another  proposition:  "business  com- 
menced." That  is  not  so  clear  to  me.  It  seems  to  me  that  a 
railroad  company,  for  instance,  when  organized,  don't  com- 
mence business  when  it  commences  to  buy  its  right  of  way,  it 
don't  commence  even  when  it  commences  constructing  its  road. 


598  CONSTITUTIONAL  CONVENTION. 

The  business  of  a  railroad  is  that  of  a  common  earner,  and 
when  we  say  commence  business  in  the  sense  used  here  it 
means  business,  the  business  for  which  or  the  purpose  for 
which  the  corporation  was  formed,  and  it  is  a  dangerous  word 
to  use  in  the  section  it  seems  to  me.  Now  perhaps  the  proposi- 
tion presented  by  Mr.  Hay  would  also  illustrate  this  same  ques- 
tion. A  corporation  is  formed  and  they  undertake  to  acquire 
title  to  land.  /If  the  purpose  and  the  object  is  to  mine  coal,  one 
of  the  incidents  perhaps  to  its  business  would  be  acquiring  ti- 
tle to  the  land,  but  the  business  of  a  coal  mining  company  is 
producing  coal,  the  main  business  of  the  company,  so  can  you 
say  that  the  business  for  which  it  was  organized  has  been  be- 
gun with  the  purchase  of  the  land?  It  is  a  very  difficult  ques- 
tion I  should  say.  I  can  see  why  the  term  business  was  used 
here  by  the  committee.  It  is  evidently  used  because  the  inten- 
tion was  to  cover  a  great  variety  of  corporations,  and  you  can- 
not say  the  construction  of  a  railroad,  because  that  would  limit 
it  to  a  single  class  of  corporations;  that  the  purchase  of  land 
for  a  coal  mining  company,  because  that  limits  it  again  to  an- 
other class.  The  word  business  was  used  here  by  the  commit- 
tee with  a  view  of  applying  it  to  all  classes  of  corporations,  but 
I  am  afraid  that  it  is  a  dangerous  word  to  use. 

Mr.  KIXEK.  The  suggestion  made  by  Judge  Brown,  as  to 
the  condition  of  affairs  out  on  the  Sweetwater,  in  vieAV  of  the 
legislation  had  by  congress,  cuts  no  figure  whatever.  Con- 
gress has  provided  by  law  where  any  railroad  company  occu- 
pies a  camion  or  pass  in  the  mountains,  where  it  is  impossible 
to  get  through  in  any  other  direction,  that  another  railroad 
can  even  condemn  their  track  if  necessary  in  order  to  get 
through,  they  have  got  to  allow  them  to  go  through,  so  as  a 
matter  of  fact  the  question  of  that  corporation  holding  that  can- 
yon up  there  and  delaying  the  construction  of  the  Northwest- 
ern, cannot  be  the  case  in  view  of  the  legislation  had  by  con- 
gress. It  is  on  public  land.  There  has  been  a  great  deal  said 
about  the  application  of  this  section  to  railroad  corporations. 
It  hits  fifty  ditch  companies  and  coal  companies  and  other  cor- 
porations where  it  hits  one  railroad,  and  if  that  is  the  purpose, 
although  I  must  admit  the  danger  of  the  suggestion  made  by 
Mr.  Potter  and  Judge  Brown  as  to  the  word  dangerous,  the 
section  is  not  dangerous.  The  purpose  of  this  is  to  wipe  oat  all 
of  these  straw  companies  on  file  with  the  secretary  of  the  ter- 
ritory, that  is  all  right,  and  I  don't  believe  anybody  will  disa- 
gree to  that.  In  the  way  this  is  worded,  however,  it  must  not 
only,  in  order  to  save  the  organization  of  a  corporation,  be  or- 
ganized, have  a  president,  secretary,  etc.,  a  bona  fide  organiza- 
tion, but  if  the  business  has  not  actually  been  commenced,  in 
good  faith,  at  the  time  of  the  adoption  of  this  constitution.  If 
a  corporation  fails  in  either  of  these  things,  under  this  provi- 


PROCEEDINGS  AND  DEBATES. 

sion  of  the  constitution  as  here  proposed,  it  will  have  no  valid- 
ity. Here  you  require  them  to  not  only  organize  in  good  faith, 
for  the  purpose  for  which  incorporated,  but  you  require  them  to 
actually  commence  business,  and  I  think  that  the  term  busi- 
ness will  bear  the  construction  placed  upon  it  by  Judge  Brown. 
I  believe  it  is  dangerous,  but  I  am  unable  without  considering 
the  matter  to  suggest  just  what  word  should  go  in  there.  The 
purpose  of  the  section  is  all  right,  and  I  think  the  effect  of  such 
a  provision  a  good  one,  but  we  should  be  careful  to  word  it  so 
as  to  avoid  the  objection  made  to  it  by  Mr.  Potter. 

Mr.  SMITH.  This  section  has  been  effective  in  the  states 
where  it  has  been  used  to  meet  just  such  corporations  as  have 
been  referred  to  by  Mr.  Riner.  There  are  many  companies, 
ditch  companies,  commercial  companies,  and  banking  compa- 
nies, who  two  days  before  the  election  takes  place  to  adopt  this 
constitution,  or  two  months  before,  who  have  not  per- 
fected their  organization.  A  great  many  organizations  are  or- 
ganized in  good  faith,  for  a  special  purpose,  but  not  in  good 
faith  for  the  purpose  of  transacting  the  business  organized  for. 
The  law  as  it  stands  now  may  be  favorable  to  a  particular  kind 
of  corporation,  more  favorable  than  under  a  state  govern- 
ment, and  they  will  organize  for  the  purpose  of  securing  rights 
they  will  have  by  so  doing,  and  wThich  they  would  not  have  un- 
der state  laws,  and  that  is  the  intention  of  this  section  to  pre- 
vent things  of  that  kind.  If  they  organized  under  the  territo- 
rial law  and  they  do  not  prosecute  their  business,  they  are  not 
entitled  to  continue  their  charter,  and  they  ought  be  compelled 
to  give  it  up  and  organize  under  the  state  law.  I  think  this  sec- 
tion was  drawn  up  also  by  the  committee  on  railroads,  when 
they  made  their  report,  but  they  did  not  incorporate  it  in  their 
report,  but  thought  this  was  the  proper  place  for  it.  The  public 
is  interested  in  looking  after  its  railroad  lands,  although  I  have 
no  doubt  whatever  that  this  would  apply  to  a  railroad  acting  in 
good  faith,  dt  proposes  for  instance  to  reach  straw  companies 
where  it  is  evident  they  are  trying  to  get  hold  of  these  railroad 
grants  for  speculation,  and  hold  them  and  compel  another  road 
to  buy  them  from  it,  a  sort  of  blackmail  you  might  call  it.  I 
understand  this  is  intended  for  them,  and  I  think  it  should  be 
incorporated  in  this  constitution,  although  I  think  perhaps  that 
it  might  be  worded  differently. 

Mr.  BROWX.  I  don't  know  that  what  I  propose  will  exactly 

meet  the  situation,  but  I  submit  it  for  the  consideration  of  the 

committee;  that  is  to  strike  out  the  word  "business"  and  insert 

"the  purpose  for  which  formed  has  been  dilligently  pursued  in 

good  faith." 

Mr.  HAY.  It  seems  to  me  that  the  object  desired  by  these 
gentlemen  can  be  reached  in  some  other  way.  For  the  sake  of 
reaching  these  straw  companies  referred  to  by  them,  I  don't 


6oo  CONSTITUTIONAL  CONVENTION. 

think  we  ought  to  effect  the  interests  of  every  corporation  that 
might  not  be  able  to  pursue  their  business  right  along.  I  think 
if  an  organization  elects  its  officers  every  year,  keeps  its  or- 
ganization in  force,  have  their  board  of  trustees,  their  secretary 
and  president,  and  show  their  good  faith  in  keeping  their  or- 
ganization alive  from  time  to  time,  it  ought  not  to  be  dissolved; 
they  may  be  unable  to  raise  the  money,  I  know  a  good  many  of 
that  kind,  organized  in  good  faith,  but  who  found  it  impossible 
to  raise  the  necessary  amount  of  money  to  carry  out  their  plans 
and  are  not  liable  to  within  the  few  wreeks  before  the  adoption 
of  this  constitution.  The  question  of  the  straw  companies  hold- 
ing the  public  lands  ought  to  be  reached  in  some  other  way,  and 
not  by  affecting  the  franchises  of  corporations  organized  in 
good  faith,  and  who  are  keeping  their  organizations  alive  in 
good  faith  every  year. 

Mr.  POTTER.  I  believe  it  is  the  unanimous  sense  of  this 
convention  that  if  any  corporation  has  been  organized  in  good 
faith,  that  it  ought  to  be  permitted  to  exist.  I  believe  that  is 
the  sentiment  of  this  convention,  and  that  being  the  case, 
there  is  no  use  in  saying  anything  more,  or  to  hear  any  more  ar- 
guments on  this  question  if  you  believe  that.  I  think  it  would 
be  an  outrage  to  take  away  their  franchises  if  they  are  organ- 
ized in  good  faith,  just  as  much  an  outrage  as  it  would  be  to 
take  away  my  property.  Now  then,  I  am  going  to  add  the  fol- 
lowing to  the  amendment  suggested  by  Judge  Brown,  or  rather 
in  place  of  his  amendment:  To  strike  out  the  words  "business 
been  commenced"-and  insert  "for  the  purpose  for  which  formed 
ed,  and  which  shall  not  have  been  maintained  in  good  faith." 
I  don't  know  as  that  is  any  better,  but  it  seems  to  me  that  it 
is. 

Mr.  COFFEEN.  The  gist  of  this  article  as  prepared  and  re- 
ported by  the  committee  is  to  know  that  the  organization  is  in 
good  faith  to  do  something.  If  it  does  nothing,  why  I  guess  it 
ought  to  be  gotten  out  of  the  way  and  let  somebody  take  the 
field  who  will  do  something.  The  gist  of  it  is  that  they  should 
commence  business  in  good  faith.  The  first  thing  it  is  nec- 
essary for  a  corporation  to  do,  is  a  part  of  its  business,  if  it  be 
the  survey  of  the  road  bed,  acquiring  title  to  lands,  or  anything 
of  that  kind,  the  first  thing  it  does,  so  I  don't  believe  there  is 
any  danger  in  this  section,  and  I  don't  believe  we  can  improve 
upon  it.  The  Washington  constitution  has  exactly  this  same 
section  in  it,  I  think  the  section  as  it  stands  covers  the  ground 
perfectly. 

Mr.  BAXTER.  I  move  that  this  committee  rise,  report  pro- 
gress and  ask  leave  to  sit  again. 

Mr.  CHAIRMAN.  Gentlemen,  you  have  heard  the  motion. 
Are  you  ready  for  the  question?  All  in  favor  of  the  motion  will 


PROCEEDINGS  AND  DEBATES.  60 1 

say  aye;  contrary  no.    The  ayes'  have  it;  the  motion  prevails. 
'The  committee  will  now  rise. 

(Committee  report.    See  journal  page  84.) 

Mr.  PRESIDENT.  What  will  you  do  with  the  report  of 
jour  committee,  gentlemen? 

Mr.  POTTER.    I  move  it  be  adopted. 

Mr.  PRESIDENT.  It  is  moved  and  seconded  that  the  report 
•of  the  committee  of  the  whole  as  read  be  adopted.  Are  you 
ready  for  the  question?  All  in  favor  of  the  motion  will  say  aye; 
contrary  no.  The  ayes  have  it ;  the  report  is  adopted. 

Mr.  RINER.  I  move  that  we  now  take  a  recess  until  7:30 
this  evening. 

Mr.  PRESIDENT.  Gentlemen,  you  have  heard  the  motion. 
Are  you  ready  for  the  question  ?  All  in  favor  of  the  motion  that 
we  now  take  a  recess  until  7:30  this  evening  will  say  aye;  con- 
trary ho.  The  ayes  have  it;  the  motion  to  take  a  recess  pre- 
vails. 

EVENING  SESSION. 


Monday  evening,  Sept.  23,  1889. 

Mr.  PRESIDENT.    Convention  come  to  order. 

Gentlemen,  at  the  hour  of  adjournment  we  were  considering 
the  report  of  the  committee  of  the  whole  on  substitute  for  Files 
N"o.j  11,  38,  42  and  72.  The  committee  of  the  whole  rose  and 
asked  leave  to  sit  again. 

Mr.  RINER.  I  move  we  go  into  committee  of  the  whole  for 
•consideration  of  the  general  file. 

Mr.  FOX.    Second  the  motion. 

Mr.  PRESIDENT.  All  in  favor  of  the  motion  to  go  intt> 
committee  of  the  whole  will  say  aye;  contrary  no.  The  ayes 
liave  it;  th'e  motion  to  go  into  committee  of  the  whole  pre- 
vails. Will  Mr.  Johnson  of  Laramie  take  the  chair? 

Mr.  CHAJRMAN.  At  the  time  the  committee  arose  the 
question  was  on  the  amendment  to  Sec.  3,  to  strike  out  "busi- 
ness been  commenced"  and  insert  "and  been  continued.'' 

Mr.  CHAPLIN.  I  offer  this  as  a  substitute:  "All  existing 
charters,  grants  of  special  or  exclusive  privileges  under  which 
organization  shall  not  have  taken  place,  or  shall  not  have  been 
in  operation  within  ten  days  from  the  time  this  constitution 
takes  effect,  shall  thereafter  have  no  effect  or  validitv  what- 
ever." 

I  will  state  that  this  section  is  taken  from  Ilie  Illinois  con- 
stitution and  seems  to  do  away  with  the  business  part  objected 
to  this  afternoon,  and  in  my  opinion  covers  the  ground  entirely. 

Mr.  MORGAN.  I  like  the  original  section  pretty  well,  and 
if  this  substitute  takes  its  place  I  shall  like  it  equally  wefi. 


602  CONSTITUTIONAL  CONVENTION. 

This  article  is  of  more  importance  than  I  thought  when  we 
adjourned.  It  is  intended  for  something  like  this.  There  are 
numerous  corporations  in  this  territory  which  are  virtually 
dead,  but  they  can  be  revived  by  any  designing  man,  and  made 
alive  under  the  new  constitution  when  it  comes  into  effect,  with- 
out being  subject  to  the  provisions  thereof.  The  corporation 
might  be  apparently  dead,  so  far  as  the  original  organization 
was  concerned,  but  it  might  have  been  organized  under  special 
favorable  privileges,  and  be  revived  for' the  purpose  of  getting 
the  benefit  thereof,  and  putting  them  into  operation  without 
being  subject  to  the  provisions  of  the  constitution.  I  think 
my  friend  from  Albany  was  mistaken  in  his  ideas  this  after- 
noon, that  this  would  effect  railroad  companies,  because  their 
business  was  that  of  common  carriers,  whereas  in  the  incorpo- 
ration of  a  railroad  company  it  is  for  the  purpose  of  construct- 
ing and  maintaining  a  railroad  as  well  as  common  carriers. 
This  is  intended  to  prevent  corporations  which  are  virtually 
dead  from  being  revived  without  being  subject  to  the  provisi- 
ons of  the  constitution.  If  they  want  to  reorganize  they  can  do 
so  under  the  new  constitution  and  be  subject  to  it.  It  seems  to- 
me  there  is  no  difficulty  about  this,  and  I  think  Sec.  3  or  the- 
substitute  will,  either  one  of  them,  answer  the  purpose. 

Mr.  SMITH.  I  hope  this  substitute  will  not  prevail,  because 
I  think  if  you  will  look  at  this  section  carefully  it  is  really  a 
very  important  one.  Now  as  to  this  word  "business"  as  referred^ 
to  here.  The  section  a,s  it  reads,  "bona  fide  organization  shall 
not  have  taken  place,  and  business  commenced  in  good  faith, 
at  the  time  of  the  adoption  of  this  constitution,  shall  thereafter 
have  no  validity."  The  word  business  there  is  unnecessary,  the- 
gist  of  the  whole  thing  is  the  good  faith.  There  are  a  great 
inany  corporations  that  have  spent  considerable  money  in  ac- 
quiring franchises,  that  may  have  some  particular  purpose  in. 
desiring  to  hold  their  franchises,  yet  have  done  nothing,  that 
corporation  has  its  existence.  Every  corporation  until  legally 
dissolved  is  an  existing  corporation  and  from  what  I  have  heard, 
here  there  are  corporation  papers  on  file  in  the  office  of  the  sec- 
retary of  this  territory  covering  almost  every  conceivable  inter- 
est you  can  think  of.  These  corporations  by  their  charters  here 
may  be  revived,  and  they  are  revived  under  the  law  which  they 
wrere  created.  A  charter  granted  is  a  contract,  and  no  constitu- 
tion or  subsequent  law  can  effect  it,  unless  the  right  is  especial- 
ly reserved  at  that  time,  and  they  are  only  subject  to  the  laws 
under  which  the  charter  was  granted,  and  if  they  prefer  to  act 
under  the  old  charter  there  is  no  remedy  for  it,  and  you  cannot 
make  them  subject  to  the  new  constitution.  Another  thing.  I 
desire  to  call  attention  to  the  complications  and  difficulties  that 
would  arise  in  business  if  corporations  did  revive  and  do  busi- 


PROCEEDINGS  AND  DEBATES.  603 

ness  under  the  old  charter.  There  is  always  more  or  less  litiga- 
tion connected  with  corporations. 

Mr.  MORGAN.  Let  me  read  a  section  from  the  Pennsyl- 
vania, constitution:  "All  existing  charters  or  grants  or  special 
or  exclusive  privileges  under  which  a  bona  fide  organization 
shall  not  have  taken  place  and  business  been  commenced  in 
good  faith,  at  the  time  of  the  adoption  of  this  constitution,  shall 
thereafter  have  no  validity."  That  is  almost  word  for  word  as 
we  have  it  here. 

Mr.  CHAIRMAN.  The  question  is  on  the  substitute  offered 
by  the  gentleman  from  Albany,  Mr.  Chaplin.  All  in  favor  of 
the  motion  will  say  aye;  contrary  no.  '  The  noes  have  it;  the  mo- 
tion is  lost.  The  Question  now  recurs  on  the  amendment  to 
strike  out  the  words  "business  been  commenced"  and  insert  the 
words  "been  continued."  Are  you  ready  for  the  question  ? 

Mr.  POTTER,  I  really  think  that  this  amendment  covers 
the  ground  and  puts  it  just  where  we  ought  to  have  it.  Nearly 
all  the  corporations  formed  in  this  territory  are  for  private 
business  purposes,  nearly  all  of  them,  with  the  exception  of 
the  few  railroad  companies  we  have.  They  may  own  property, 
may  have  acquired  property,  and  as  I  said  this  afternoon,  may 
not  have  gone  into  actual  business.  Mr.  Smith  says  that  good 
faith  is  after  all  the  gist  of  the  whole  matter.  If  there  is  an 
organization  in  good  faith,  it  covers  the  whole  question,  and  we 
need  look  for  nothing  further.  They  cannot  prove  that  unless- 
they  have  gone  into  business  or  are  making  arrangements  to* 
go  into  business  and  I  am  not  sure  whether  the  courts  would 
not  hold  that  it  Avill  not  be  considered  so  unless  they  have  act- 
ually gtme  into  business,  and  as  it  would  have'  to  go  to  the 
courts  an}rway  why  not  leave  it  entirely  to  them?  Although 
all  these  other  states  have  adopted  this,  but  they  may  have 
some  other  questions,  something  in-  those  states  that  we  have 
not  got.  They  may  have  some  law  by  which  they  can  grant 
special  charters.  No  charter  has  been  granted  in  this  territo- 
ry since  I  have  been  a  resident  of  it.  They  have  all  been  organ- 
ized under  the  general  law.  We  have  no  special,  exclusive,  pri- 
vileges given  to  corporations.  I  don't  believe  one  can  be  point- 
ed out. 

Mr.  FOX.  The  object  of  this  section  here  is  to  bring  every- 
thing as  near  as  possible  under  the  state  government  when 
wre  organize.  Under  the  restrictions  we  put  on  corporations, 
these  old  corporation  papers  that  have  never  been  used  will  be 
in  demand.  Parties  will  buy  them  up  because  organized  under 
the  laws  of  Wyoming  territory,  and  they  will  carry  out  the  ob- 
ject of  the  incorporation  under  the  laws  of  the  territory.  I  think 
this  section  is  a  good  one  and  should  be  adopted  just  as  it  ia 
now. 


604  CONSTITUTIONAL  CONVENTION. 

Mr.  BIXEK.  In  arranging  this  report  on  corporations,  I 
think  in  the  consideration  of  any  one  subject,  we  must  view  it 
in  the  light  of  the  succeeding  sections.  Sec.  8  provides  that 
"no  corporation  shall  have  power  to  engage  in  more  than  one 
general  line  or  department  of  business,  which  line  of  business 
shall  be  distinctly  specified  in  its  charter  of  corporation."  Take 
the  case  to  which  Mr.  Hay  referred  this  afternoon.  Here  is 
a  corporation  organized  in  good  faith,  for  what  purpose?  The 
articles  of  incorporation  say  for  the  purpose  of  mining  coal. 
They  have  invested  a  large  amount  of  money  in  coal  lands,  but 
have  not  developed  them  as  yet  at  all.  They  own  the  land,  for 
which  they  paid  the  government  price  of  twenty  dollars  an 
acre.  By  your  adoption  of  Sec.  3,  unless  you  put  in  a  saving 
clause,  as  suggested  by  Mr.  Potter,  you  dissolve  tha,t  company 
and  take  away  its  franchises.  Now  then  hejre  comes  in  the 
trouble  of  this  whole  thing.  Members  of  the  committees  take 
out  t^iis  and  that  from  the  different  state  constitutions,  without 
taking  into  consideration  for  a  moment  whether  they  effect  the 
local  conditions  we  have  here  or  not.  Now  I  say  to  this  con- 
stitutional convention  thait  the  people  will  never  ratify  a  con- 
stitution which  is  going  down  into  the  pockets  of  the  people  of 
this  territory  and  take  away  from  them  thousands  of  dollars 
which  they  have  invested  in  corporations,  such  as  Mr.  Hay  sug- 
gests. That  is  a  corporation  which.  I  know  was  organized  and 
is  organized  and  exists  today  in  good  faith,  yet  taking  your 
whole  report,  coupling  Sec.  8  with  Sec.  3,  and  you  take  from 
that  corporation  not. only  its  franchises  and  its  property  (be- 
cause its  charter  is  part  of  its  property),  but  also  the  right  to 
utilize  that  property,  for  other  purposes.  Supposing  your  con- 
stitution is  adopted  tomorrow,  I  a,sk  you,  more  especially  the 
legal  members  of  the  convention,  whether  or  not  as  a  matter  of 
law  they  would  not  be  wriped  out  of  existence? 

Mr.  BKOWN.  Let  me  ask  you  a  question?  How  will  you 
remedy  the  section  so  as  to  save  such  companies  and  yet  main- 
tain the  general  object  of  the  section? 

Mr.  RINER.  1  think  Mr.  Pot'bejr's  suggestion  reaches  the 
exact  case.  When  it  comes  to  the  question  whether  or  not  par- 
ties have  formed  a  corporation  in  good  faith,  we  know  that  it 
is  a  wrell  defined  proposition  in  law,  the  court  will  have  no 
trouble  in  ascertaining  what  good  faith  is.  "All  existing  char- 
ters, franchises,  special  or  exclusive  privileges,  under  which  an 
actual  and  bona  fide  organization  shall  not  have  taken  place 
and  been  continued  in  good  faith  at  the  time  of  the  adoption 
of  this  constitution,"  I  say  that  is  broad  enough,  and  as  broad 
as  we  want  to  have  it  in  this  constitution.  As  to  this  matter  no 
one  can  say  I  am  speaking  for  any  particular  corporation,  it 
won't  effect  a  railroad  in  the  territory.  The  section  as  it  now 
reads,  unless  this  amendment  is  put  in,  you  will  find,  /I  venture 


PROCEEDINGS  AND  DEBATES. 


605 


to  say,  stamp  out  of  existence  at  least  twenty-five  corpo- 
rations which  are  maintaining  their  organizations  in  good 
faith,  as  much  as  the  Northwestern  railroad  maintains  it's  or- 
ganization in  good  faith.  It  will  dissolve  a  number  of  coal  com- 
panies ;  to  my  knowledge  there  is  one  formed  a  short  time  ago 
for  the  purpose  of  developing  a  coal  mine  near  Rock  Springs, 
a  private  corporation  in  which  no  railroad  or  no  man  who  has 
any  interest  directly  or  indirectly  in  a  railroad  company,  are" 
stockholders,  they  have  bought  their  land  and  paid  the  govern- 
ment price  for  it,  but  as  yet  have  done  no  work.  Now  are  you 
going  to  say  that  companv  shall  be  dissolved  because  they  have 
not  as  yet  done  any  work,  and  may  not  have  done  any  at 
the  date  of  the  adoption  of  this  constitution?  They  are  poor 
men,  laboring  men,  who  thought  they  could  do  better  at  this 
than  to  work  for  the  Union  Pacific  in  their  coal  mines  by  the 
day.  By  your  provision,  unless  you  put  in  a  saving  clause 
such  as  suggested  by  Mr.  Potter,  you  drive  them  back  to  the 
mines  to  work  by  the  day.  I  say  the  thing  is  not  right.  Lejt 
us  look  at  it  as  men,  a»  intelligent  men,  who  want!  to  do  the 
right  thing,  in  view  of  our  local  conditions  here.  You  cannot 
take  a  section  from  the  Pennsylvania  constitution,  another 
from  Colorado,  another  from  South  Carolina,  where  tjie  condi- 
tions are  entirely  different  from  what  they  are  here,  and  at- 
tempt to  apply  it  here,  because  it  worked  well  in  Pennsylvania. 
It  is  a  mistake  and  you  will  find  it  out  to  your  sorrow  later  on. 

Mr.  COFFEEN.  "In  good  faith"  applied  to  the  fact  of  con- 
tinuing the  organization,  don't  reach  far  enough,  we  ought  to 
in  some  manner  say  good  faith  in  the  going  forward  to  activ- 
ity. Consider  it  in*  the,  light  of  Sec.  8  Mr.  Riner  says.  I  con- 
tend it  is  not  effected  by  Sec.  8,  unless  they  have  violated  it, 
and  if  they  have  it  is  best  for  the  people;  that  they  should  not 
be  able  to  hold  their  rights.  But  I  would  like  to  ask  a  question. 
Some  parties  have  been  referred  to  by  the  gentleman  from  Lar- 
amie,  Mr.  Hay,  as  having  organized  a  corporation,  made  their 
organization  and  invested  tjieir  money,  in  doing  that  have  they 
not  commenced  business? 

Mr.  RINER.    The  courts  have  decided  that  they  have  not. 

Mr.  COFFEEN.  If  you  can  state  the  courts  have  decided 
that,  it  will  helD  us  out  in  this  case.  But  we  wanit  to  prevent 
corporations  from  simply  holding  their  franchises  in  bad  faith 
and  doing  nothing  at  all,  but  if  they  are  doing  something  in 
good  faith,  investing  money  in  coal  lands  in  good  faith,  as  has 
been  referred  to  here,  then  I  stand  in  favor  of  protecting  their 
rights. 

Mr.  MORGAN.  I  move  as  a  substitute  the  following:  "The 
general  assembly  shall  not  remit  the  forfeiture  of  the  charter 
of  any  corporation  now  existing  or  alter  or  amend  the  same 
or  pass  any  other  general  or  special  law  for  the  benefit  of  such 


606  CONSTITUTIONAL  CONVENTION. 

corporation,  except  upon  the  condition  that  such  corporation 
shall  thereafter  hold  its  charter  subject  to  the;  provisions  of 
this  constitution. 

Mr.  RTNER.  There  is  one  objection  to  that.  We  have  al- 
ready provided,  and  I  think  very  properly,  that  special  charters 
shall  not  be  granted  in  any  case,  therefore  the  part  referring  to 
special  charters  should  be  cut  out 

"Mr.  CHAIRMAN.  The  question  is  on  the  substitute.  As 
many  as  favor  the  adoption  of  the  substitute  will  say  aye;  con- 
trary no.  The  noes  have  it;  the  motion  is  lost.  The  question  is 
now  on  the  amendment  to  strike,  out  "business  been  commenc- 
ed" and  insert  "been  continued."  As  many  as  favor  the  amend- 
ment will  say  aye;  contrary  no.  The  chair  is  in  doubt.  As 
many  as  favor  the  amendment  will  rise  and  stand  until  count- 
ed— 7.  Contrary — 9.  The  amendment  is  lost.  The  question 
now  recurs  on  Sec.  3  as  it  originally  stood. 

Mr.  F/LNER.  I  shall  be  compelled  to  raise  the  question  of 
a  quorum. 

Mr.  CHAIRMAN.  As  I  understand  it  the  question  of  a  quo- 
rum cannot  be  entertained  in  committee  of  the  whole. 

Mi1.  RINER.  As  the  matter  was  passed  upon  the  other  day  it 
was  decided  that  the  Question  of  a  Quorum  can  always  be 
raised. 

Mr.  MORGAN.  I  decided  the  other  day  that  the  question 
could  not  be  raised,  and  afterwards  found  that  I  was  wrong  and 
took  it  back.  The  question  can  be  raised  in  committee  of  the 
whole  as  well  as  in  the  convention. 

Mr.  CHAIRMAN.  The  chair  did  not  understand  it  that 
way. 

Mr.  MORGAN.  I  move  that  we  pass  this  section  for  the 
present,  and  not  take  a  vote  on  it  now. 

Mr.  COFFEEN.  I  rise  to  second  that  suggestion  in  defer- 
ence to  Mr.  Riner's  wishes,  so  we  can  go  on  with  the  business 
and  not  lose  anv  tune. 

Mr.  HAY.  I  move  to  amend  the  motion  of  the  gentleman 
from  Laramie,  Mr.  Morgan,  so  as  to  make  it  that  we  pass  over 
this  file  entirely  and  go  on  to  the  next  file  on  the  calendar. 

Mr.  TESCHEMACHER.    Second  the  motion. 

Mr.  CHAIRMAN.  It  is  moved  and  seconded  that  we  pass 
over  this  file  and  go  on  to  the  next  file.  All  in  favor  of  the  mo- 
tion will  say  aye;  contrary  no.  The  ayes  have  it;  the  mot  ion 
prevails.  The  next  file  is  File  No.  85,  by  Mr.  Jones. 

(Reading  of  the  file.) 

Mr.  RUSSELL.  I  move  when  this  committee  rise  it  rec- 
ommend this  section  for  adoption. 

Mr.  JONES.    Second  the  motion. 

Mr.  CHAIRMAN.  It  is  moved  that  when  we  rise  we  recom- 
mend that  this  file  be  adopted.  Are  you  ready  for  the  question? 


PROCEEDINGS  AND  DEBATES.  607 

Mr.  HAY.  I  ain  not  quite  clear  about  this  and  would  like 
to  hear  a  little  discussion  upon  it.  In  order  to  bring  it  before 
the  committee  I  move  to  strike  out  "in  all  mines." 

Mr.  FOX.  I  don't  think  this  belongsi  in  the  constitution. 
It  is  legislative  business  and  should  be  left  to  the  legislature. 

Mr.  RUSSELL.  I  don't  see  why  this  should  not  be  incorpo- 
rated in  the  constitution.  The  question  has  been  raised  in  Col- 
orado, and  they  have  incorporated  a  part  of  this  in  their  con- 
stitution. We  all  know  that  eight  hours  is  sufficient  for  any 
man  or  boy  to  be  imprisoned  in  a  mine.  This  would  not  inter- 
fere with  the  matter  of  contracts.  He  might  contract  to  work 
sixteen  hours.  It  would  not  interfere  with  contracts  at  all.  I 
think  it  belongs  in  the  constitution  and  that  is  where  it  ought 
to  go.  The  mining  people,  in  nay  part  of  the  country  particu- 
larly, requested  that  it  should  be  put  in  there. 
,  Mr.  SUTHERLAND.  I  am  in  favor  of  this  being  incorpo- 
rated in  the  constitution,  as  I  think  eight  hours  is  long  enough 
for  a  man  to  work  in  wr<#  mines.  I  think  eight  hours  is  long 
enough  for  a  man  to  stand  working  in  cold  water,  and  I  am 
for  that  reason  in  favor  of  having  it  incorporated,  and  not  trust 
to  the  legislature  to  pass  such  a  law.  I  know  there  is  always 
a  chance  to  get  around  it.  I  have  workejd  large  shifts  of  men 
in  (Connecticut,  wiiere  the  same  law  was  in  force.  The  mein 
could  work  longer  under  special  contract,  but  I  know  it  was 
taken  advantage  of  by  those  under  age,  boys  for  instance,  and 
the  law  was  complied  with  to  the  letter  in  regard  to  them,  and 
as  long  as  the  government  has  made  eight  hours  an  actual  day's 
work,  I  don't  think  it  is  anything  but  justice  to  those  who  have 
to  work  below  the  surface  of  the  e/irth  for  a  living  that  we 
should  pass  this,  as  long  as  it  is  their  request. 

Mr.  POTTER.  I  move  to  strike  out  all  after  the  word  work. 
I  make  this  amendment  for  this  reason :  I  don't  see  why  a  tax 
payer  should  pay  his  money 'out  on  shorter  hours  than  an  indi- 
vidual, andj  if  eight  hours  is  enough  work  for  a  city  or  state, 
it  is  enough  for  me,.  I  believe  a  rule  which  is  a  good  rule  for 
one  is  a  good  rule  for  all,  and  if  it  is  not  a  good  rule  for  all,  it 
is  not  a  good  rule  at  all. 

Mr.  SUTHERLAND.  So  far  as  its  being  a  good  rule,  I  re- 
ferred to  the  mines.  A  number  of  years  ago  the  brick  layefs 
and  stone  cutters  called  for  ^jight  hours  as  a  legal  day's  work, 
and  now  every  state  in  the  union  has  accepted  eight  hours  as  a 
legal  day's  work. 

Mr.  POTTER.  If  it  is  long  enough  to  work  for  the  state  why 
is  it  not  long  enough  to  work  for  me  ?  Why  should  he  wrork  less 
for  his  monev  for  the  state  than  for  me? 

Mr.  SUTHERLAND.  I  don't  know  why.  I  believe  if  you 
hire  a  man  I  will  guarantee  that  the  first  thing  that  you  will  do 
is  to  state  to  him  whether  he  is  to  work  for  eight  hours  or  ten 


6oS  CONSTITUTIONAL  CONVENTION 

hours,  and  YOU  will  pay  him  so  much  an  hour.  That  is  the  way 
it  is  done.  I  have  worked  in  coal  mines,  and  for  a  man  to  stand 
drenched  with  cold  water  logger  than  that  is  not  right,  ten 
hours  is  too  much. 

Mr.  HARVEY.  What  is  the  object  of  this  law;  to  contract 
for  ten  hours  and  work  for  eight  hours  under  the  contract? 

Mr.  RUSSELL.  In  answer  to  that  question,  I  will  state  the 
object  of  this  law.  A  young  man  who  cares  for  education,  be- 
ing compelled  to  work  in  a  coal  mine,  say  ten  or  twelve  hours, 
it  allows  him  little  time  or  opportunity  to  study  or  improve  him- 
self, little  time  for  recreation  and  study,  but  with  eight  hours, 
he  \vill*have  plenty  of  time  to  study  and  educate  himself,  and 
this  is  largely  for  the  purpose  to  give  the  boys  a  chance.  There 
is  no  question  but  there  are  hundreds  of  men  in  this  territory 
who  would  rather  work  sixteen  hours  than  six.  and  they  can  do 
it  if  they  wish,  but  it  is  the  opinion  of  the  intelligent  men  that 
eight  hours  is  sufficient  to  work  in  these  mines,  and  as  Ji  said  be- 
fdre,  it  is  to  give  the  youth  who  have  to*  work  in  these  mines 
and  help  their  fathers  support  the  family,  an  oportunity  to  ed- 
ucate and  improve  themselves. 

Mr.  POTTER,  Why  do  you  confine  this  to  mines  and  to 
state  and  municipal  works?  Why  should  eight  hours  be  confined 
to  that  class  of  work?  Why  should  a  man  who  works  on  a  store 
building  be  compelled  to  work  longer  than  a  person  who  works 
on  a  statehouse?  If  eight  hours  is  enough  for  one  kind  of  work, 
why  is  it  not  enough  for  all  kinds? 

Mr.  SUTHERLAND.  All  the  trades  unions  in  the  country 
have  adopted  this  eight  hour  system;  where  contracts  are  made 
the  contractors  are  all  in  favor  of  the  eight  hour  system.  A 
man  will  do  almost  as  much  work  in  eight  hours  as  he  will  in 
ten.  You  have  a  fresh  man  where  you  have  a  tired  one  when 
he  works  ten  hours.  The  stone  cutters  like  it  better,  the 
brick  layers  like  it  better,  and  all  over  the  east  this  system  pre- 
vails. 

Mr.  HOYT.  I  agree  with  my  colleague  that  this  is  legisla- 
tion, but  we  have  done  considerable  legislation,  and  this 
covers  but  one  or  two  lines  in  the  constitution.  This  is  an  age 
of  human  sentiment,  and  great  progress  has  been  made  in  the 
consideration  of  this  question  of  labor,  and  the  interests  of  tHe 
laboring  classes.  I  recollect  very  well  when  children  worked 
fourteen  and  sixteen  hours  in  the  factories  until  the  intelligent 
people  and  the  legislatures  in  the  states  east  of  the  Mississippi 
and  in  the  northeastern  states,  where  these  great  factories  are, 
came  to  the  rescue  and  saved  these  young  children,  from  their 
drudging  toil  which  was  wearing  out  their  lives  while  they  were 
yet,  young.  I  have  never  had,  I  think,  so  much  sympathy  for 
any  one  as  I  have  for  these  men  who  work  in  the  mines,  wTh'o 
go  beneath  the  surface  and  toil  in  the  dark  for  hours,  in  the 


PROCEEDINGS  AND  DEBATES.  609- 

damp,  unwholesome  atmosphere,  until  their  lives  wear  out  while 
they  are  yet  young.  Now  inasmuch  as  this  does  not  require  a 
man  to  pay  any  more  for  so  much  work  per  hour  than  if  he 
worked  sixteen  hours,  this  will  give  the  men  a  little  time  for- 
study  and  recreation,  and  I  am  in  favor  of  this  proposition,  and 
yet  I  think,  as  Mr.  Potter  does,  if  eight  hours  is  enough  for  a 
day's  work  on  state  and  municipal  works  why  is  it  not  enough 
for  all  work?  I  think  it  should  be  conceded  as  a  general  propo- 
sition, that  eight  hours  work  is  enough  for  any  man,  and  I  hope 
to  see  the  time  when  eight  hours  will  be,  when  men  shall  not 
be  required  to  work  from  hour  to  hour  with  little  time  to  de- 
vote to  the  cultivation  of  mind,  and  his  family  and  the  comforts 
and  enjoyments  of  home  life. 

Mr.  JONES.  Jt  is  a  matter  of  fact  that  the  statutes  have  a 
similar  section  to  this  in  regard  to  employment  on  state  and 
municipal  works,  while  we  miners  who  labor  under  the  sur- 
face are  compelled  to  work  longer.  Eight  hours  is  long  enough 
for  a  man  t,o  work  in  the  damp,  impure  air  of  a  coal  mine.  I  in- 
troduced this  section  at  the  request  of  the  miners  of  Uinta,  and 
I  hope  it  wTill  pass. 

Mr.  BKOWN.  I  want  to  present  another  view  of  this  quest- 
tion  for  the  consideration  of  those  gentlemen  who  represent  the 
laboring  interests  of  this  country.  I  remember  last  winter  the 
railroad  company  was  talking  about  cutting  down  the  work  in< 
the  shops  to  eight  hours  a  day,  and  there  was  a  howl  went  up* 
against  that  sort  of  thing,  and  by  the  laborers  themselves; 
There  is  another  thing  in  reference  to  this  same  matter.  I  heard 
a  gentleman  on  this  floor  say  a  few  days  ago  that  he  would!  not 
dare  to  go  home  among  his  people  if  a  measure  of  this  kind  was- 
adopted,  and  he  lives  among  a  mining  people.  The  idea  was 
that  if  this  eight  hour  system  was  adopted  as  a  matter  of  law 
all  these  companies  would  enforce  it  whenever  they  took  a  no- 
tion, and  there  would  be  nx>  way  of  getting  around  it.  Now 
take  it  in  a  mine.  A  man  cannot  go  and  work  as  he  pleases 
and  as  long  as  he  pleases,  or  as  short  as  he  pleases.  jLf  he  goes; 
into  a  mine  to  work  and  they  are  employing  men  upon  the 
eigjhlt  hour  system,  wrhen  the  eight  hours  are  up  he  goes  out- 
and  someone  else  goes  in  there  to  take  his  place.  There  are- 
many  men  in  the  mines  who  are  not  willing  to  work  under  this 
eight  hour  system,  and  I  think  that  a  great  majority  of  them: 
will  be  found  to  consider  that  the  adoption  of  such  a  proposi- 
tion as  this  would  work  a  great  injury  to  them.  You  take  it 
where  you  are  working  under  the  eight  hour  system,  and  when 
that  system  is  adopted  by  a  mining  company,  they  arrange  it 
with  their  employes  so  that  their  men  are  changed  whenever 
the  eight  hours  expire,  and  they  make  that  arragement  with  all' 
their  employes.  I  have  never  yet  seen  a  mine  where  jthat  sys- 
tem could  be  adopted  and  followed  without  cleaning  out  every 
—  39 


6lO  CONSTITUTIONAL  CONVENTION. 

knam  who  went  in  there  at  the  end  of  eight  hours,  or  let  him 
work  for  sixteen  hours  if  he  wants  to.  That  is  the  only  way  you 
can  arrange  it.  I  don't  believe  therefore  that  this  is  a  thing 
that  laboring  men  want.  The  gentleman  from  Uinta  says  we 
want  it  there.  Another  mining  man  from  Carbon  says  we 
don't  want  it,  and  it  is  the  veiry  last  thing  in  the  world  that  we 
do  want.  I  don't  know  how  these  gentlemen  are  going  to  set- 
tle it  between  them.  It  might  work  well  in  its  application  to 
children,  but  my  own  idea  about  it  is  that  children  should  nev- 
er be  allowed  to  iro  into  mines  at  all.  and  those  that  let  thefr 
children  do  it  don't  do  their  duty. 

Mr.  HOYT.  I  agree  with  Judge  Brown  that  the  mines  are 
no  place  for  children,  but  this  does  not  reach  the  difficulty.  Now 
if  all  the  miners  in  the  state  really  desired  this  to  be  placed  in 
the  constitution  they  should  have  petitioned  this  body  to  do  it 
and  we  should  have  had  some  sort  of  an  expression  from  the 
miners  of  the  territory  in  regard  to  it.  If  we  put  it  in  the  con- 
stitution necessarily  that  rule  applies  all  over  the  territory,  and 
the  only  question  in  my  own  mind  is  as  to  whether  they  want 
it  or  not. 

Mr.  JONES.  Of  course  we  don't  expect  to  earn  as  much 
in  the  eight  hours  as  we  would  in  ten,  working  by  the  piece, 
If  we  can  make  three  dollars  and  a  half  in  ten  hours  and  only 
three  in  eight  we  a/re  willing  to  take  it,  for  the  purpose  of  edu- 
cating our  children. 

Mr.  HOLDEN.  I  Dresume  I  am  in  the  same  boat  with  the 
majority  of  the  members  of  this  convention,  I  don't  know  any- 
thing about  this  matter.  But  as  I  infer  from  my  colleague  here 
the  object  of  this  thing  is  simply  this:  Under  the  present  regime 
these  men  go  into  the  mines  at  seven  o'clock  in  the  morning, 
and  are  compelled  to  remain  there  until  six  o'clock  in  the  even- 
ing. Now  they  tell  me  that  they  work  by  the  ton,  tha-t  is  so 
much  money  for  so  much  work,  iso  much  for  mining  each  and 
every  ton  of  coal.  They  tell  me  that  they  are  only  able  to  work 
part  of  the  time  they  are  down  there,  but  they  are  compelled  to 
remain  there,  without  doing  anything  at  all.  Now  in  order  to 
send  their  sons  to  school,  as  I  understand  it,  they  do  not  wish  to 
be  required  to  remain  down  in  the  mines  longer  than  eight 
hours  each  day,  that  the  boys  shall  not  be  required  to  remain 
down  there  longer  than  eight  hours  each  day.  If  the  men  are 
strong  and  healthy  and  desirous  of  making  more  money  they 
might  remain  longer,  and  they  would  certainly  be  paid  for  it. 

Mr.  RUSSELL.  This  may  appear  to  you  gentlemen  a  very 
simple  thing  in  your  minds,  simply  because  you  are  not  miners. 
My  colleague  and  I  have  been  miners  for  the  last  twenty-five 
years,  and  we  know  what  we  are  talking  about,  and  I  wish  you 
gentlemen  to  understand  that  I  made  the  statement  here  that 
it  was  at  the  request  of  the  miners  of  our  county,  I  had  this 


PROCEEDINGS  AND  DEBATES.  6ll 

article  introduced  here.  I  don't  know  anything  about  this  op- 
position from  Carbon  county.  I  know  there  are  many  miners 
that  this  would  not  suit  at  all,  but  I  say  the  intelligent  class  of 
miners  wish  the  measure  passed.  This  eight  hour  system  may 
reduce  my  wages,  but  they  will  reduce  my  wages  anyhow  and  I 
will  have  to  work  ten  hours.  It  is  a  question  of  supply  and  de- 
mand. Now,  gentlemen,  d  hope  this  will  pass  and  be  embodied 
in  the  constitution. 

Mr.  PRESIDENT.  The  question  is  on  I'.e  inoti  -n  that  this 
file  be  reported  back  to  the  convention  with  the  recommenda- 
tion that  it  be  adopted.  Are  you  ready  for  the  question?  All  in 
favor  of  the  motion  will  say  aye;  contrary  no.  The  ayes  have  it; 
the  motion  prevails. 

The  next  thing  on  the  gereral  file  is  the  proposition  on  edu- 
cation. 

Mr.  RINER.  I  move  this  file  be  made  special  order  for 
Thursday  morning.  Governor  Baxter  and  one  or  two  others 
are  much  interested  in  this  question  and  would  like  to  hear 
it  discussed. 

Mr.  PRESIDENT.  The  question  is  on  the  motion  that  the 
educational  file  be  made  special  order  for  Thursday  morning. 
Are  you  ready  for  the  question?  All  in  favor  of  the  motion  will 
Siiy  aye;  contrary  no.  The  ayes  have  it;  the  motion  prevails. 

Mr.  CAMPBELL.  I  move  the  committee  now  rise  and  re- 
port. 

Mr.  CILORMAN.  The  question  is  now  on  the  motion  that 
this  committee  rise  and  report.  Are  you  ready  for  the  question? 
All  in  favor  of  the  motion  will  say  aye ;  contraiy  no.  The  ayes 
have-  it;  the  committee  will  fise  and  report. 

Mr.  PRESIDENT.  What  will  you  do  with  the  report  of  your 
committee,  gentlemen? 

Mr.  CAMPBELL.    I  move  the  report,  be  adopted. 

Mr.  PRESIDENT.  The  question  is  on  the  motion  that  the 
report  of  the  committee  of  the  whole  be  adopted.  Are  you  ready 
for  the  question?  All  in  favor  of  the  motion  will  say  aye;  con- 
trary no.  The  ayes  have  it;  the  motion  prevails. 

Mr.  RINER.  I  move  we  now  adjourn  until  9  o'clock  tomor- 
row mornintr. 

Mr.  PRESIDENT.  The  question  is  on  the  motion  to  ad- 
journ. AJ1  in  favor  of  the  motion  will  say  aye;  contrary  no. 
The  ayes  have  it;  the  motion  prevails.  The  convention  will  ad- 
journ until  tomorrow  morning. 


5i2  CONSTITUTIONAL  CONVENTION. 


TWENTIETH  DAY, 
MORNING  SESSION. 


Tuesday,  Sept.  24,  1S89. 

Convention  assembled  at  9  o'clock. 

President  ISrown  in  the  chair. 

Mr.  PRESIDENT.    Convention  come  to  order. 

Prayer. 

Roll  call. 

Heading  of  the  journal. 

Mr.  PRESIDENT.  Are  there  any  corrections  to  be  made 
to  the  journal?  The  chair  hears  none.  The  record  will  stand  ap- 
proved as  read. 

Introduction  of  petitions,  etc.,  are  now  in  order. 

Reports  of  standing  committees.  Any  reports  this  morn- 
ing? 

Reports  of  special  committees. 

Final  reading  of  propositions. 

Mr.  TESCHEMACHER.  If  the  convention  will  wait  five 
minutes~the  engrossing  clerk  will  have  two  bills  ready  for  final 
passage. 

Mr.  PRESIDENT.  Gentlemen,  there  appears  to  be  no  busi- 
ness upon  the  table  this  morning  to  engage  our  attention,  and 
we  are  ready  to  go  into  committee  of  the  whole  for  considera- 
tion of  the  general  file. 

Mr.  RINER.  I  move  we  go  into  committee  of  the  whole 
for  consideration  of  the  general  file. 

Mr.  MORGAN.    Second  the  motion. 

Mr.  PRESIDENT.  It  is  moved  that  we  now  go  into  commit- 
tee of  the  whole  for  consideration  of  the  general  file.  Are  you 
ready  for  the  question?  All  in  favor  of  the  motion  will  say  aye; 
contrary  no.  The  ayes  have  it;  the  motion  to  go  into  commit- 
tee of  tHe  whole  prevails.  Will  Mr.  Coffeen  of  Sheridan  take 
the  chair? 

We  are  now  in  committee  of  the  whole,  gentlemen,  Mr.  Cof- 
feen in  the  chair. 

Mr.  CHAIRMAN.  The  first  file  in  the  hands  of  the  commit- 
tee seems  to  be  the  article  on  corporations.  Substitute  for  Files 
No.  11,  38,  42  and  72. 

M)r.  RINER.  J  must  raise  a  point  of  order.  Did  we  not 
make  the  file  on  education  the  special  order  for  this  morning? 


PROCEEDINGS  AND  DEBATES. 


613 


Mr.  BROWN.    The  motjon  did  not  prevail. 

Mr.  RINER.    I  think  it  did. 

Mr.  BROWN.  A  motion  was  made  to  make  the  educational 
file  the  special  order  today,  but  it  was  passed  over.  The  mo- 
tion did  not  prevail,  and  the  record  so  shows. 

Mr.  CHAIRMAN.  If  the  chair  is  correct  Sees.  1  and  2  of 
this  file  have  been  considered. 

(Reading  of  Se,c.  3.) 

Mr.  MORGAN.  Were  there  any  amendments  pending  to 
that  section?  I  wish  to  offer  an  amendment. 

Mr.  CHAIRMAN.  Some  amendments  were  oifered,  but  not 
carried. 

Mr.  MORGAN.  I  wish  to  amend  Sec.  3  by  inserting  between 
the  words  "constitution"  in  the  third  line  and  "shall,"  the  words 
"and  who  do  not  accept  the  provisions  thereof,"  thus  giving 
them  the  privilege  of  accepting  the  provisions  of  the  new  consti- 
tution and  thereby  regaining  their  organization. 

Mr.  BROWTST.  "  Why  not  strike  out  the  words  "begun  busi- 
ness, etc."  If  they  accept  the  provisions  of  the  constitution  that 
is  sufficient. 

Mr.  MORGAN.    I  accept  the  amendment. 

Mr.  CHAIRMAN.  The  amendment  is  before  you  for  discus- 
sion. 

Mr.  B/INER.  I  would  like  to  have  the  proposed  amendment  a 
little  broader  than  stated  by  Mr.  Morgan.  I  would  like  to  see 
a  provision  attached  to  this  or  to  some  other  section,  that  no 
corporation  shall  do  any  business  in  this  territory  without  ac- 
cepting the  provisions  of  this  constitution,  and  making  them  all 
subject  to  legislative  control.  If  you  take  out  the  words  in  re- 
lation to  the  business  of  the  company,  and  insert  a  provision 
that  they  shall  not  do  business  unless  they  do  business  under 
this  constitution,  whether  foreign  or  domestic  corporations,  it 
can  work  no  hardship  to  anyone,  and  will  thus  bring  them  all 
subject  to  legislative  control  completely. 

Mr.  MORGAN.  I  second  that.  I  think  it  is  t)ie  best  one 
made  yet.  I  congratulate  him. 

Mr.  CHAIRMAN.  Would  it  not  be  advisable  to  have  one 
amendment  at  a  time.  The  chair  will  staite,  with  your  permis- 
sion, while  considering,  that  if  you  look  at  Sec.  6  you  will  notice 
that  there  is  a  provision  theve  in  regard  to  accepting  the  provi- 
slions  of  this  constitution,  but  it  may  not  be  as  broad  as  the 
amendment,  suggested  by  Mr.  Riner.  It  may  be  best  to  put  that 
amendment  in  connection  with  that  section.  Will  the  gentle- 
man state  his  amendment  again,  so  the  chair  may  understand 
It. 

Mr.  RINER.  I  offer  as  a  substitute  to  Sec.  3  as  it  now  stands 
the  following:  "All  existing  charters,  franchises,  special  or 
exclusive  privileges  under  which  an  actual  and  bona  fide  organ- 
ization shall  not  have  taken  place  for  the  purpose  for  which 


CONSTITUTIONAL  CONVENTION. 

heirs?  I  would  like  to  ask  how  many  have  been  paid  for  at  the 
rate  of  five  thousand  dollars? 

Mr.  RINER.    We  have  settled  on  that  basis. 

Mr.  MORGAN,  d  don't  see  why  any  maximum  should  be 
fixed  for  damages  to  persons  iniured  or  killed.  You  might  as 
well  fix  by  law  the  maximum  at  which  I  shall  sell  my  house. 
I  think  a  man  ought  to  have  the  right  to  settle  on  the  yen-  best 
grounds  he  can  get.  It  is  an  interference  with  human  rights  it 
seems  to  me.  It  can't  injure  any  one  to  leave  it  just  as  it  is 
in  this  provision. 

Mr.  CHAIRMAN.  The  question  is  on  the  amendment  to 
the  amendment.  If  you  accept  this  amendment  it  will  read: 
""No  law  shall  be  enacted  limiting  the  amount  of  damages  to  be 
recovered  for  causing  the  injury  or  death  of  any  Derson,"  Are 
you  ready  for  the  question?  All  in  favor  of  the  amendment  will 
sa\y  aye;  contrary  no.  The  ayes  have  it;  the  motion  is  carried. 
"  pleading  of  Sec.  6.) 

Mr.  BROWN.  As  an  amendment  to  Sec.  6  I  move  to  in- 
isert  in  the  first  line  of  the  section,  after  the  words  "laws  of," 
the  words  "Wyoming  territory  or."  The  first  line  will  then  read 
as  amended :  "No  corporation  organized  under  the  lawrs  of  Wyo- 
ming territory  or  of  any  other  jurisdiction."  After  the  Avord 
""state"  in  the  second  line  strike  out  "and  doing"  and  insert 
""shall  be  permitted  to  do."  Then  again  in  the  same  line  after 
the  wrords  "this  state"  insert  the  word  "or."  The  section  will 
then  read:  ''No  corporation  organized  under  the  laAvs  of  Wyo- 
ming territory  or  of  any  other  jurisdiction  than  this  state,  shall 
l)e  permitted  to  do  business  in  this  state,  or  shall  be  enitled  to 
acquire  title,  etc."  That  Ayould  bring  in  domestic  corpora- 
tions. 

Mr.  BAXTER.  Why  not  strike  out  "or  to  acquire  title"  all 
after  that  down  to  the  word  "until." 

Mr.  BURRITT.  It  does  not  seem  to  me  that  the  provision 
Is  necessary. 

Mr.  BROWN.    I  accept  the  amendment. 

Mr.  CHAIRMAN.  The  amendment  proposed  to  Sec.  6 
makes  it  read  as  follows:  "No  corporation  organized  under  the 
laws  of  Wyoming  territory  or  any  other  jurisdiction  than  this 
state,  shall  be  permitted  to  do  business  in  this  state;,  until  it 
shall  have  accepted  the  constitution  of  this  state,  and  filed 
such  acceptance  in  accordance  with  the  laws  of  this  state." 
Are  you  ready  for  the  question.  All  in  favor  of  the  motion  will 
rsay  aye;  contrary  no.  The  ayes  have  it;  the  motion  prevails. 
'  Mr.  JEFFREY.  I  would  suggest  that  the  word  "transact." 
would  be  better  than  ''do."  I  move  to  strike  out  the  word 
^do"  and  insert  "transact." 

Mr.  BAXTER.    Second  the  motion. 

Mr.  CHAIRMAN.  It  is  moved  and  seconded  that  the  word 
"do"  be  stricken  out  and  "transact"  inserted  in  lieu  thereof. 


PROCEEDINGS  AND  DEBATES.  617 

All  in  favor  of  the  motion  will  say  aye;  contrary  no.  The  ayes 
have  it ;  the  motion  is  carried. 

Mr.  BAXTER.  I  don't  like  the  reading  of  the  last  part  of 
the  section,  nsini:  the  words  "this  state"  so  much.  I  move 
to  strike  out  "this  state"  and  insert  "thereof"  in  the  last  line. 

Mr.  CHAIRMAN.  It  is  moved  and  seconded  that  the  words 
"this  state"  in  the  last  line  be  stricken  out.  and  the  word 
''thereof"  inserted  in  lieu  thereof.  All  in  favor  of  the  motion 
will  say  aye;  contrary  no.  The  ayes  have  it;  the  motion  is  car- 
ried. 

(Reading  of  Sec.  7.) 

Mr.  HARVEY.  I  see  no  necessity  for  that  section  at  all. 
It  ought  to  go  in  the  legislative  file,  as  it  refers  to  legislation. 

Mr.  FOX.    I  move  to  strike  out  Sec.  7. 

Mr.  CHAIRMAN.  It  is  moved  and  seconded  that  Sec.  7 
3be  stricken  out.  Are  you  ready  for  the  question?  All  in  favor 
•of  the  motion  will  say  aye;  contrary  no.  The  ayes  have  it;  the 
motion  prevails. 

(Reading  of  Sec.  8.) 

Mr.  GHAJERMAN.  Any  amendments  to  Sec.  8?  If  not  Sec. 
$  will  be  read. 

Mr.  FOX.  I  don't  knowr  as  I  am  quite  satisfied  in  regard 
to  Sec.  8.  A  corporation  might  be  engaged  in  mining  and  mil- 
ling, that  is  two  lines  of  business.  They  ought  to  have  the 
privilege  of  doing  that. 

Mr.  CHAIRMAN.    Does  the  gentleman  move  to  amend? 

Mr.  FOX.  I  have  no  motion  to  make,  but  I  just  en  11  the  at- 
tention of  the  convention  to  this  matter,  so  they  may  consider 
the  matter. 

Mr.  BURRITT.  I  don't  like  this  section.  I  move  to  strike 
it  out. 

Mr.  MORGAN.  I  think  there  will  be  no  trouble  about  this 
section  if  you  will  look  at  it.  No  corporation  shall  engage  in 
more  than  one  general  line  of  business.  If  it  is  a  manufactur- 
ing corporation  they  shall  manufacture  one  line  of  goods;  if 
,-a  transportation  company  they  shall  only  transport  goods. . 

Mr.  TESCHEMACHER.  I  think  there  are  very  serious  ob- 
jections to  this.  So  many  of  our  corporations  have  to  do  differ- 
ent kinds  of  business.  Take  for  instance  a  company  organized 
for  constructing  a  ditch,  and  for  cattle  raising,  those  are  two 
different  industries,  yet  there  are  many  compani«?s  in  this  state 
that  are  organized  for  carrying  on  these  two  branches  of  busi- 
ness, and  one  is  necessary  to  the  other.  Take  for  instance  a 
corporation  like  the  one  I  represent,  the  John  Hunton  compa- 
ny, it  is  organized  for  the  purpose  of  breeding  cattle  in  this 
country,  fine  stock  and  for  other  purposes,  to  acquire  lands 
and  to  bring  water  on  to  them  to  raise  hay.  Now  under  this 
we  would  have  to  organize  another  corporation  for  the  purpose 
of  taking  out  a  ditch,  for  a  ditch  cannot  be  taken  out  bv  the 


6:8  CONSTITUTIONAL  CONVENTION. 

same  company.  Now  it  costs  yon  a  hundred  dollars  to  get  out 
your  incorporation  papers,  for  your  incorporation  certificate,, 
and  it  makes  a  company  go  and  pay  out  an  extra  hundred  dol- 
lars for  the  exact  same  purpose,  and  makes  it  a  mere  straw  cor- 
poration, for  a  company  that  takes  out  a  ditch  under  these 
circumstances  is  merely  a  straw  corporation. 

Mr.  BAXTER  I  thing  the  gentleman  is  rather  straining 
at  a  gnat.  I  think  this  is  all  right.  If  a  company  is  organized 
for  the  purpose  of  raising  stock  they  will  need  hay  and  if  they 
want  to  build  a  ditch  for  the  production  of  hay  they  can  do 
it  and  raise  their  hay.  The  idea  is  simply  this :  Take  a  rail- 
road company  that  is  interested  in  coal  mines,  they  transport 
that  coal  at  their  own  rate  and  thus  discriminate  against  the 
general  public,  it  is  a  part  of  their  property  and  they  claim 
they  are  doing  the  public  no  injury,  but  if  the  company  has  no 
connection  with  the  mine  then  they  are  compelled  to  charge  the 
same  rate  as  they  would  every  other  company  transporting 
coal,  and  which  may  not  be  owned  by  people  who  own  the  rail- 
road company.  This  is  what  this  is  intended  to  cover. 

Mr.  TESCHEMAOHER.  I  thought  Ave  were  all  through 
with  the  railroad  bill.  This  is  the  corporation  bill  and  has 
nothing  to  do  with  the  railroads.  Mr.  Baxter  may  think  that 
a  hundred  dollars  is  straining  at  a  gnat,  but  I  don't. 

Mr.  BROWN.  I  am  in  favor  of  this.  I  think  that  it  is  true 
that  no  corporation  can  engage  in  any  business  except  such 
business  as  is  expressly  stated  and  set  forth  in  its  articles  of 
incorporation.  That  is  our  corporation  law  as  I  remember  it. 
Now  this  goes  a  little  further  than  that,  a  good  deal  further, 
as  my  friend  says,  and  restricts  a  corporation  from  engaging  in 
any  business  other  than  a  single  line  of  business.  Now  the 
Question  is,  do  we  so  desire  to  restrict  them?  If  this  article 
becomes  a  law  a  corporation  cannot  be  formed  to  engage  in 
several  distinct  kinds  of  business.  Do  we  want  that  restric- 
tion, is  the  question  ?  In  my  judgment  we  do.  I  wish  to  say  a 
word  now  in  answer  to  the  proposition  presented  by  my  frieno!, 
andjl  desire  to  say  that  I  think  his  fears  are  not  well  founded. 
Suppose  for  instance  a  man,  or  a  number  of  men,  form  a  corpo- 
ration for  the  purpose  of  engaging  in  stock  raising.  Now  it  is  a 
rule  of  corporation  law  that  is  as  well  settled  as  any  law  can 
be,  that  everything  incident  to  the  main  business  named  in 
the  articles  of  incorporation  can  be  carried  on  by  that  corpora- 
tion. Supposing  that  a  corporation  is  formed  for  the  purpose 
of  engaging  in  the  stock  business,  as  an  incident  of  that  busi- 
ness there  is  the  necessarv  ownership  of  land.  As  another  inci- 
dent there  must  be  a  way  provided  for  feeding  and  caring  for 
the  stock.  That,  is  a  necessary  incident  of  the  business.  Now 
if  it  is  further  necessary,  in  order  to  grow  feed,  that  you  must 
irrigate  your  land,  there  is  not  anything  in  the  world  that  can 
prevent  a  company  organized  for  that  purpose  from  construct- 


PROCEEDINGS  AND  DEBATES.  619, 

ing  its  own  ditch  and  irrigating  its  lands,  because  that  is  a 
matter  incident  to  the  original  business  as  stated  in  the  arti- 
cles of  incorporation,  and  I  don't  believe  that  there  is  any  court 
in  existence  that  would  deprive  a  company  so  formed  of  the 
right  to  construct  a  ditch.  If  I  am  wrong  about  that,  and  there 
is  any  lawyer  here  who  differs  with  me,  I  should  tie  glad  to  hear 
an  expression  of  opinion  upon  that  subject. 

Mr.  CAMPBELL.  Take  for  instance  the  oil  wells  in  Fre- 
mont county.  In  order  to  make  the  product  of  those  wells  of 
any  benefit  whatever,  they  will  have  to  transport  it  to  a  rail- 
road. Would  you  compel  the  owners  of  those  wells  to  form  a 
new  corporation  for  the  purpose  of  constructing  a  pipe  line  to 
transport  it  to  the  Union  Pacific  or  the  Northern  Pacific? 

Mr.  BEOWN  .  I  would.  I  answer  my  friend  directly.  I 
say  that  is  one  thing  that  we  need  to  prevent,  it  is  to  prevent 
a  mining  company  from  transporting  its  product  to  market  in- 
dependent of  the  rules  regulating  transportation.  I  believe  wre 
ought  to  have  this  restriction  in  order  to  prevent  that  sort  of 
thing.  I  don't  believe  in  a  railroad  company  engaging  in  min- 
ing. Now  the  Union  Pacific  railroad  company,  and  I  use  this 
as  an  illustration,  is  created  by  act  of  congress,  for  the  purpose 
of  carrying  freight  and  passengers  for  hire.  It  can  properly 
engage  in  no  other  business.  The  courts  have  decided  that  as 
often  as  the  question  has  been  brought  up,  it  can  engage  in 
no  other  business  lawfully.  But  do  you  say  that  because  it 
cannot  engage  in  any  other  business  it  cannot  mine?  We  can- 
not say  any  such  thing.  And  no  court  will  say  that,  and  why? 
Because  the  mining  of  coal,  the  procurement  of  coal,  in  some 
way,  is  a  necessary  incident  of  the  business.  A  railroad  cannot 
run  without  fuel  of  some  kind,  they  must  have  it,  and  therefore 
for  the  purposes  of  the  road,  the  Union  Pacific,  or  any  othep 
railroad  company,  may  mine  coal  for  its  own  uses,  but  right 
here  the  \vhole  thing  stops.  The  Union  Pacific  railroad  com- 
pany if  it  handles  coal,  and  becomes  a  merchandiser  in  that 
respect,  it  does  so  in  violation  of  the  terms  of  its  charter,  and 
ought,  to  be  restrained.  Kailroad  companies  are  created  for 
the  benefit  of  the  public  in  the  transportation  of  freight  and 
passengers  for  hire.  It  should  be  limited  to  that  business,  and 
not  permitted  to  engage  in  any  other.  I  don't  believe  in  mer- 
chandising corporations  engaging  in  any  other  business  save 
the  business  of  merchandising,  and  when  you  allow  them  to 
cover  the  whole  field  of  business,  you  are  interferring  with 
the  rights  of  others,  and  you  are  creating  a  kind  of  corporation 
that  will  never  last  long,  because  of  its  bulky  character,  arid 
one  which  of  its  own  weight  will  destroy  itself.  So  then  as  to 
this  section.  I  believe  it  is  a  necessary  tiling.  We  should  not 
strike  it  out,  and  whenever  a  company  or  corporation,  created 
for  one  purpose,  proposes  to  engage  in  another  and  different 
kind  of  business,  they  may  be  allowed  to  do  so  by  putting  other 


CONSTITUTIONAL  CONVENTION. 

articles  of  incorporation  on  file,  which  will  restrict  them  prop- 
erly by  law  to  the  conduct  of  their  business,  and  not  be  incor- 
porated for  a  dozen  different  purposes,  and  let  every  corpora- 
tion be  restricted  to  one  line  of  business.  If  my  colleague  had 
lived  in  western  Pennsylvania,  I  believe  he  would  have  under- 
stood the  oil  pipe  line  business  better.  To  allow  a  corporation 
engaged  in  mining  oil  to  also  maintain  a  pipe  company  for  the 
carrying  of  their  oil  to  market,  would  be  simply  saying  what 
the  Standard  Oil  company  has  said  to  all  the  oil  men  of  Penn- 
sylvania, who  owned  wells :  I  propose  to  buy  your  wells,  I  pro- 
pose to  fix  the  price,  and  I  am  the  only  buyer  because  no  per- 
son has  the  facilities  to  transport  that  oil,  and  thev  rnit  up  the 
freight  rates  so  high  that  an  outside  owner  could  not  afford  to 
transport  his  oil.  It  would  take  a  long  time  to  discuss  this 
matter  fully,  but  I  believe  with  the  knowledge  we  have  before 
us,  we  ought  not  to  allow  common  carriers  to  engage  in  any 
other  business  than  the  legitimate  one  for  which  thew  were  or- 
ganized. 

Mr.  BURRITT.  It  seems  to  me  that  this  is  directed  toward 
one  class  of  corporations,  and  should  read  "No  common  car- 
riefr  shall  have  power  to  engage  in  more  than  one  general  busi- 
ness." T  have  been  listening  very  attentively  to  hear  a  single 
argument  for  retaining  this  section  in  this  corporation  file,  and 
have  not  heard  one  yet.  But  I  would  like  to  ask  Judge  Brown' 
a  question.  I  would  like  to  ask  if  the  Union  Pacific  railway 
companv  has  no  provision  in  its  charter  which  authorizes  it 
to  deal  in  coal,  and  if  it  does  deal  in  coal,  is  it  no/t  an  abuse 
of  its  charter,  and  is  there  not  a  legal  process  of  depriving 
them  of  their  charter,  or  for  correcting  that  abuse  of  its  char- 
ter? The  first  section  of  the  bill  provides  that  all  laws  relat- 
ing to  corporations  may  be  altered,  amended  or  repealed  by  the 
legislature  at  any  time  when  necessary  for  the  public  good  and 
general  welfare,  and  all  corporations  doing  business  in  this 
state  may  as  to  such  business  be  regulated,  limited  or  restrain- 
ed by  law.  not  in  conflict  with  the  constitution  and  laws  of  the 
United  States.  Now  in  the  first  two  sections  of  this  bill  we 
have  provided  that  the  legislature,  shall  regulate  these  corpo- 
rations, so  why  is  it  necessary  that  we  should  go  to  work  and 
legislate  in  this  constitution  to  regulate  them  ourselves.  Let 
us  be  consistent.  We  say  in  the  first  section  1hat  we  leave  it 
to  the  legislature  and  then  we  go  on  and  do  it  ourselves. 

Mr.  REED.  It  seems  to  me  that  Sec.  8  refers  to  one  matter 
that  none  of  the  gentlemen  happen  to  have  touched  upon.  I 
refer  to  the  truck  store  in  connection  with  coal  mines,  and  if 
T  am  not  mistaken  the  whole  section  refers  more  to  that  than 
to  anything  else,  and  which  is  a  thousand  times  worse  than 
any  of  these  other  matters  that  have  been  referred  to,  and  I 
•say  it  is  put  in  there  for  the  purpose  of  shutting  them  down. 


PROCEEDINGS  AND  DEBATES.  621 

Mr.  POTTER.  I  have  been  trying  very  hard  for  some  time 
to  understand  this  matter,  and  as  far  as  this  section  is  con- 
cerned I  want  to  do  what  is  right,  but  I  have  not  yet  heard  a 
single  argument,  save  the  one  suggested  by  Mr.  Reed,  that 
does  not  refer  to  railroad  companies  engaging  in  mining,  and  il 
suggest  that  we  change  it  so.  that  it  read  "no  transportation 
company  shall  engage  in  more  than  one  line  of  business." 

Mr.  BURRITT.  I  wish  to  make  a  few  remarks.  I  desire  to 
say  a  word  for  the  little  corporations  that  have  not  got  the 
millions  of  the  Union  Pacific  or  Standard  Oil  company  behind 
them.  I  had  in  mind  when  this  section  was  passed  a  little  com- 
pany in  my  home,  the  Buffalo  Milling  company.  They  are  in- 
corporated for  the  purpose  of  milling  flour,  and  running  a  flour 
mill.  It  is  a  little  mill  and  is  helping  to  develop  the  resources 
of  that  country,  making  a  good  quality  of  flour,  but  it  don't  pay 
anything,  the  flouring  mill  part  of  it,  and  to  enable  them  to 
keep  the  thing  going  they  have  also  taken  the  contract  for  sup- 
plying the  city  of  Buffalo  with  electric  light,  and  supplying  Buf- 
falo with  water.  The  Buffalo  water  and  light  supply  is  all  fur- 
nished by  the  Buffalo  Milling  company.  In  Sheridan  there  is. 
the  Sheridan  Manufacturing  company.  They  have  a  flouring 
mill  up  there  and  they  do  certain  other  things  up  there,  and 
it  is  absolutely  necessary  for  them  to  do  something  of  that 
kind  to  get  anything  out  of  it  until  the  country  is  sufficiently 
developed.  Now  as  I  have  stated,  I  have  no  objection  to  limit- 
ing this  to  a  certain  class  of  corporations.  So  I  say,  give  us  a 
chance,  don't  shut  down  our  mills  with  a  constitutional  provi- 
sion, so  that  we  cannot  develop  the  northern  part  of  the  terri- 
tory of  Wyoming.  In  additon  to  that  there  has  been  a  large 
ditch  company  incorporated,  they  will  construct  large  ditches, 
build  reservoirs,  and  all  that  sort  of  thing,  and  do  it  at  a  great 
expense,  and  in  order  to  pay  them  they  have  got  to  establish 
a  colonizing  scheme  and  that  sort  of  thing.  I  might  'go  on  inde- 
finitely with  this  class  of  corporations,  you  can  hurt  common 
carriers  as  much  as  vou  like,  but  don't  take  all  our  powers 
away  under  this  constitution,  and  criDDle  our  domestic  and 
small  home  industries. 

Mr.  MORGAN.  (L  move  to  amend  >  by  inserting  after  the 
word  "no"  the  words  "common  carriers  or  mining  corporations." 

Mr.  FOX.  I  object  to  that,  because  I  think  a  company  en- 
gaged in 'the  mining  business  should  have  the  right  of  smelt- 
ing also. 

Mr.  BROWN.  I  want  to  make  some  inquiry  about  this.  I 
see  Sec.  9  reads  as  follows:  "All  corporations  engaged  in  the 
transportation  of  persons,  property,  mineral  oils,  and  mineral 
products,  news  or  intelligence,  including  railroads,  telegraphs, 
express  companions,  pipe  lines  and  telephones,  are  declared  to 
be  common  carriers."  Is;a  pipe  line,  under  this  provision  of 
the  constitution,  that  is  established  by  a  person  for  the  sole 


^622  CONSTITUTIONAL  CONVENTION. 

purpose  of  conducting  Ms  property  to  market,  made  a  com- 
mon carrier? 

Mr.  POTTER.    You  cannot  do  it. 

Mr.  BROWN.  If  you  put  in  here  the  words  "for  hire"  then 
you  come  within  exactly  the  line  of  the  law  as  to  this  thing. 

Mr.  CHAIRMAN.    We  are  discussing  Sec.  8. 

Mr.  BROWN.  Allow  me  to  suggest  we  are  discussing  it 
in  connection  with  Sec.  9.  Now  I  don't  believe  under  this  sec- 
tion as  is  now  proposed  that  it  will  meet  the  evil  that  we 
want  it  to  meet.  Now  take  a  pipe  line  for  instance.  If  I  want 
.to  construct  a  pipe,  line  from  the  oil  fields  to  Denver,  or  any 
other  place,  and  I  have  the  necessary  money  to  do  it  with,  I 
can  construct  that  line  and  transport  my  own  product  that 
comes  from  the  mines  and  you  cannot  restrict  me. 

Mr.  POTTER.  How  will  you  get  your  right  of  way?  You 
-cannot  condemn  it. 

Mr.  BROWN.  Buy  it.  ff  can  get  my  right  of  way  and  con- 
struct my  line  and  carry  my  product  to  market  whenever  I 
please,  and  there  is  nothing  in  this  constitution  to  prevent  it. 
With  the  words  for  hire  fixes  that. 

Mr.  RINER.  Suppose  you  can't  get  your  right  of  way, 
then  you  cannot  construct. 

Mr.  BROWN.  I  have  never  yet  seen  any  tiling  that  could 
not  be  purchased,  and  when  I  say  this  I  am  speaking  of  mate- 
rial things  and  not  the  consciences  of  people.  Now  if  a  man 
constructs  a  pipe  line  and  owns  a  well,  and  ships  his  own  pro- 
duct to  market,  you  cannot  mak^'  him  a  common  carrier,  for 
lie  is  only  transporting  his  own  product,  and  does  not  carry  it 
for  anybody  else,  and  is  in  no  sense  a  common  carrier,  for  he  is 
o.nly  transporting  his  own  product  in  his  own  way,  but  if  he 
cannot  incorporate  as  a  mining  company  and  for  the  purpose  of 
transportation  at  the  same  time,  then  they  are;  two  separate 
and  distinct  corporations,  and  the  man  who  transports  the  pro- 
duct of  another  corporation,  must  do  it  for  hire  and  comes  with- 
in the  terms  of  a  common  carrier,  and  the  mining  regions  are 
not  left  to  the  mercy  of  a  corporation  that  may  be  incorporated 
for  two  puiposes,  and  then  say  we  are  only  transporting  our 
own  product. 

Mr.  H.OYT.  Suppose  you  own  an  oil  well  and  also  con- 
struct a  pipe  line,  the  pipe  line  is  ownjed  by  a  corporation  in 
one  name,  and  the  oil  well  by  a  corporation  in  another  name, 
but  you  own  stock  in  both,  the  one  mining  the  oil  and  trans- 
porting it,  am  I  not  handling  my  own  product  ? 

Mr.  BROWN.  You  cannot  do  it.  The  very  instant  that  I 
undertake  to  carry  the  oil,  notwithstanding  that  I  own  all  the 
stock  in  the  other  corporation,  that  very  instant  I  become  a 
common  carrier,  and  ejvery  other  producer  can  compel  me  to 
transport  his  oil. 


PROCEEDINGS  AND  DEBATES.  623 

Mr.  TESCHEMACHER.  I  simply  wish  to  call  the  attention 
ot  the  committee  of  the  whole  to  the  fact  that  we  are  consider- 
ing here  what  I  suppose  to  be  the  general  incorporation  bill. 
We  have  two  distinct  committees,  one  on  railroad  corporations 
and  one  on  general  corporations.  Now  the  railroad  committee 
brought  their  bill  in  here  and  it  was  discussed,  and  was  passed 
"by  the  committee  of  the  whole,  and  finally  passed  before  this 
convention.  All  of  a  sudden  the  general  corporation  commit- 
tee comes  in  here  with  a  bill,  nearly  all  of  which  so  far  has  re- 
ferred to  the  common  carrier  business.  This  corporation  bill 
is  practically  a  bill  brought  in  here  to  prevent  corporations 
from  coming  into  this  territory.  The  main  object,  seems  to  be 
that  corporations  are  bad  things,  and  we  want  them  stopped, 
#nd  the  more  we  can  do  to  prevent  corporations  coming  in  here 
the  better  it  will  be  for  the  welfare  of  the  territory7,  or  the  fu- 
ture state  of  Wyoming,  ilf  that  is  the  case,  I  propose  to  work 
against  every  section  of  this  corporation  bill. 

Mr.  CHAIRMAN.  The  question  is  on  the  adoption  of  Sec. 
9.  Any  objection?  Sec.  10. 

Mr.  POTTER.  I  desire  to  amend  Sec.  10.  After  the  word 
'"corporations"  insert  "or  individuals." 

Mr.  HARVEY.    I  move  to  strike  the  section  out. 

Mr.  CHAIRMAN.  The  question  is  on  the  motion  to  strike 
out.  All  in  favor  of  the  motion  will  say  aye;  contrary  no. 
"The  noes  have  it;  the  motion  is  lost.  The  question  now  recurs 
on  the  original  motion  to  insert  the  words  "or  individuals."  Are 
jou  ready  for  the  question?  All  in  favor  of  the  motion  will  say 
aye;  contrary  no.  The  ayes  have  it;  the  section  is  so  amended. 
Sec.  11. 

Mr.  CAMPBELL.    I  move  it  be  stricken  out. 

Mr.  CHAIRMAN.  The  Question  is  on  the  motion  to 
strike  out.  All  in  favor  of  the  motion  will  say  aye;  contrary 
no.  The  ayes  have  it ;  the  section  will  be  stricken  out.  Sec.  12. 

Mr.  JEFFREY.    I  move  it  be  stricken  o,ut. 

Mr.  CHAIRMAN.  The  question  is  on  the  motion  to  strike 
out.  All  in  favor  of  the  motion  will  say  aye;  contrary  no.  Ttie 
uyes  have  it ;  the  section  is  stricken  out.  Sec.  13.  . 

Mr.  BURRITT.  I  move  to  strike  it  out.  It  is  altogether 
unnecessary. 

Mr.  FOX.  il  think  that  should  remain  there.  It  settles  it 
beyond  any  doubt. 

Mr.  CHAIRMAN.    The  question  is  on  the  motion  to  strike 
•out.    All  in  favor  of  the  motion  will  say  aye;  contrary  no.    THe 
noes  have  it;  the  motion  to  strike  out  is  lost.    Sec.  14. 
Mr.  RINER.    I  move  to  strike  it  out. 

Mr.  HAY.  I  am  decidedly  in  favor  of  Sec.  14,  for  it  is  the 
only  evidence  in  the  whole  bill  that  the  people  are  disposed  to 
•encourage  corporations  at  all. 


624  CONSTITUTIONAL  CONVENTION 

Mr.  CHAIRMAN.  The  question  is  on  the  motion  to  strike 
out  All  in  favor  of  the  motion  will  say  aye ;  contrary  no.  The- 
noes  have  it:  the  motion  is  lost.  Sec.  15. 

Mr.  FOX.    I  move  Sec.  15  be  stricken  out. 

Mr.  CHAIRMAN.  The  question  is  on  the  motion  to  strike 
out.  ^All  in  favor  of  the  motion  will  say  aye;  contrary  no- 
The  noes  have  it ;  the  motion  is  lost. 

Mr.  BROWN.  I  move  when  this  committee  rise  they  report 
back  this  file  with  the  recommendation  that  it  be  adopted  a» 
a  part  of  the  constitution. 

Mr.  CHAIRMAN.  Gentlemen,  you  have  heard  the  motion. 
Are  you  ready  for  the  question?  All  in  favor  of  the  motion  will 
say  aye;  contrary  no.  The  ayes  have  it;  the  motion  prevails. 

Mr.  CAMPBELL.    I  move  this  committee  rise  and  report. 

Mr.  CHAIRMAN.  Gentlemen,  you  have  heard  the  motion. 
Are  you  ready  for  the  question  ?  All  in  favor  of  the  motion  will 
say  aye;  contrary  no.  The  ayes  have  it;  the  committee  will 
now  rise. 

Mr.  PRESIDENT.     What  will  you  do  with  the  report  of 
your  committee,  srentlemen? 

Mr.  COFFEEN.    I  move  the  report  be  adopted. 

Mr.  PRESIDENT.  It  is  moved  that  the  report  of  the 
committee  of  the  whole  be  adopted.  All  in  favor  of  the  mo- 
tion will  say  aye;  contrary  no.  The  ayes  have  it;  the,  motion 
prevails. 

Mr.  RINER.    I  move  we  take  a  recess  until  2  o'clock. 

Mr.  PRESIDENT.  /It  is  moved  we  take  a  recess  until  2 
o'clock.  All  in  favor  of  the  motion  will  say  aye;  contrary  no. 
The  ayes  have  it;  the  motion  prevails.  The  convention  will 
take  a  recess  until  2  o'clock. 

AFTERNOON  SESSION. 


Tuesday  afternoon,  Sept.  24. 

Mr.  PRESIDENT.    Convention  come  to  order. 
Are  there  any  members  of  the  convention  in  the  committee 
rooms? 

We  are  still  short.  I  would  like  to  proceed  with  the  final 
consideration  of  some  of  these  matters  that  have  been  passed, 
but  it  requires  a  roll  call,  and  that  would  disclose  the  fact  that 
we  are  without  a  quorum. 

Mr.  BURDICK.  On  behalf  of  Mr.  Jeffrey,  who  is  a  little  late, 
I  desire  to  say  that  Committee  No.  5  has  a  report  to  present, 
and  recommend  that  it  be  printed. 

Mr.  PRESIDENT.  Is  there  objection  to  the  report  being 
received  and  read  at  this  time?  The,  secretary  win  read  the  re- 
port. 


PROCEEDINGS  AND  DEBATES.  625 

Mr.  TESCHEMACHER.  In  order  to  get  this  out  of  my  pos- 
session, Committee  No.  19  desire  to  report  that  they  have  made 
File  No.  76  on  apportionment  and  the)  legislative  report,  con- 
form, and  they  herewith  return  the  two  files. 

(Reading  of  report  of  Committee  No.  5,  substitute  for  Files- 
5,  6, 10,  23  and  64. 

Mr.  BURRITT.    I  move  this  file  be  ordered  printed. 

Mr.  PRESIDENT.  It  is  moved  that  this  substitute  be  re- 
ferred to  the  printing  committee.  Are  you  ready  for  the  ques- 
tion? All  in  favor  of  the  matter  reported  bv  the  committee  as 
a  substitute  being  ordered  printed  will  say  aye;  contrary  no. 
The  ayes  have  it ;  the  motion  to  print  prevails. 

Gentlemen,  there  have  been  reported  bv  the  engrossing 
committee  several  files  ready  for  final  reading  and  passage. 
It  is  out  of  order  to  bring  them  up  at  this  time,  but  if  there  is 
unanimous  consent  they  will  be  brought  up  and  put  upon 
their  final  passage.  The  chair  hears  no  obiection  to  the  con- 
sideration of  the  files  and  their  final  passage  at  this  time.  The 
question  is  upon  the  final  passage  of  File  84.  In  order  that 
the  convention  mav  be  informed  I  will  read  Sec,  1. 

(Reading  of  Sec.  1.) 

Does  the  convention  desire  to  amend? 

Mr.  COFFEEN.  I  move  to  strike  out  the  words  ''on  such 
matters  and." 

Mr.  CHAPLIN.  Second  the  motion. 

Mr.  PRESIDENT.  The  motion  is  to  strike  out  "upon  such 
matters."  All  who  are  of  the  opinion  that  those  be  stricken 
from  the  bill  will  say  aye;  those  opposed  no.  The  ayes  have 
it ;  the'  motion  to  strike  out  •prevails.  Are  there  any  further 
amendments?  If  there  are  no  further  amendments  the  prop- 
osition will  be  finally  read  and  placed  upon  its  final  passage. 
There  being  no  further  amendments  the  secretary  will  read 
the  bill. 

(Final  reading  of  File  No.  84.) 

So  many  as  are  of  the  opinion  that  File  84  be  adopted  as 
a  part  of  the  constitution  of  Wyoming  will  say  aye  as  their 
names  are  called;  contrary  will  say  no.  The  secretary  will 
call  tlhe  ayes  and  noes. 

Mr.  BTJRRITT.  I  desire  to  explain  my  vote.  I  am  of  the- 
opinion  that  the  amendment  just  passed  takes  away  from  the 
legislature  the  power  to  regulate  the  jurisdiction  of  this  court 
and  therefore  I  vote  no. 

Mr.  PRESIDENT.  The  vote  on  File  84  is  as  follows:  Ayes, 
27;  noes,  1;  absent,  18.  Gentlemen,  by  your  vote  you  have 
adopted  File  84  as  a  part  of  the  constitution  of  Wyoming. 

The  question  is  upon  the  final  reading  and  passage  of  File 
No.  66.  Are  there  any  amendments?  The  secretary  will  read, 

(Final  reading  of  File  66.) 
—  40 


626  CONSTITUTIONAL  CONVENTION. 

The  question  is  upon  the  final  passage  of  the  file  as  read. 
So  many  as  are  of  the  opinion  that  this  file  should  be  adopted 
will  say  aye  as  their  names  are  called;  contrary  no.  The  sec- 
retary will  call  the  roll. 

GMr.  IRVINE.  I  would  like  to  vote,  but  I  don't  know  ex 
actly  how  to  vote. 

Mr.  PRESIDENT.    The  gentleman  will  vote  aye  or  no. 

Mr.  IRVINE.    No. 

Mr.  PRESIDENT.  The  vote  upon  File  06  is  as  follows: 
Ayes,  25;  noes,  4;  absent,  20.  By  your  vote  you  have  adopted 
File  66  as  a  part  of  the  constitution  of  Wyoming.  The  ques- 
tion is  on  the  final  reading  of  File  No.  50.  This  is  the  section 
on  arbitration  that  was  in  the  judiciary  bill,  referred  back, 
considered  in  committee  of  the  whole  and  reported  back  to 
the  convention  with  the  recommendation  that  it  do  pass. 

The  secretary  will  call  the  roll. 

Mr.  BAXTER.  I  desire  to  say  in  voting  upon  this  measure 
that  it  seems  to  me  that  the  provision  in  it  by  which  you  pro- 
vide that  differences  may  be  submitted  by  the  two  parties, 
might  possibly  weaken  the  force  of  the  arbitration  bill  already 
adopted,  and  for  that  reason  I  shall  vote  no. 

Mr.  PRESIDENT.  Gentldmen,  the  vote  on  the  adoption  of 
the  substitute  for  File  50  is  as  follows:  Ayes,  24;  noes,  5;  ab- 
sent, 20.  By  your  vote  you  have  adopted  the  substitute  for 
File  50  as  a  part  of  the  constitution.  This  disposes  of  the  files 
reported  for  final  passage.  I  beg  pardon,  I  see  there  are  some 
other  matters.  Those  that  have  finally  passed  will  be  referred 
to  the  committee  on  revision.  The  committee  has  reported 
back  the  legislative  and  apportionment  bills. 

Mr.  TESCHEMAHER.  I  move  that  Sec.  3  of  the  legisla- 
tive file  and  Sec.  4  of  the  apportionment  bill  be  read.  These 
are  the  only  two  not  in  harmony. 

(Reading  of  Sec.  3  of  the  legislative  file  and  Sec.  4  of  the 
apportinoment  bill.) 

Mr.  CHAIRMAN.  Final  reading  of  what  is  now  called  a 
part  of  File  76,  on  the  matter  of  apportionment.  The  secre- 
tary will  read. 

(Reading  of  the  file.) 

Mr.  HAY.  I  have  an  amendment  to  offer.  "In  the  event  of 
the  failure  of  the  legislature  to  make  the  apportionment  pro- 
vided herein  the  last  apportionment  shall  be  legal,  until  such 
apportioment  shall  be  made  in  compliance  with  the  provisions 
of  this  constitution]." 

The  reason  I  offer  this  is  that  the  legislature  might  fail  £0 
make  the  apportionment,  and  we  would  be  without  any.  The 
legislature  did  once  fail  to  make  the  apportionment  and  we 
had  to  get  congress  to  help  us  out,  but  congress  could  not  help 
us  out  after  we  became  a  state. 


PROCEEDINGS  AND   DEBATES.  627 

Mr.  PRESIDENT.  What  the  gentleran  says  may  be  true, 
but  I  hardly  think  so.  This  rqport  says  that  the  legislature 
shall  make  an  apportionment,  and  this  would  be  the  appor- 
tionment until  they  do  so. 

Mr.  TESCHEMACHER  It  also  says  that  the  legislature 
shall  revise  and  adjust  the  apportionment  for  senators  and 
representatives  on  a  basis  of  such  enumeration  as  provided  by 
law. 

Mr.  HAY.  But  suppose  they  don't,  how  are  you  going  to 
get  out  of  the  difficulty?  Suppose  the  complexion  of  the  legis- 
lature was  equally  divided,  and  they  should  refuse  to  make  a 
new  aportionment. 

Mr.  TESCHEMACHER.  This  very  provision  might  be  an 
inducement  to  them  not  to  make  another. 

Mr.  CAMPBELL.  How  can  you  compel  them  to  do  it?  Sup- 
pose they  refuse*  to  do  it;  can  you  compel  them  in  any  way? 

Mr.  SMITH.  It  stands  as  it  is  until  they  do  change  it,  and 
would  stand  whether  you  put  in  that  provision  any  way. 

Mr.  MORGAN.  If  I  understand  this  apportionment  bill, 
until  otherwise  provided  by  law,  the  apportionment  made  by 
this  convention  continues  to  exist. 

Mr.  CHAIRMAN.  The  question  is  on  the  amendment  ot 
Mr.  Hay.  Are  you  ready  for  the  questioiv?  All  in  favor  of  the 
motion  will  say  aye;  contrary  no.  The  noes  seem  to  have  it. 
Division  is  called  for.  All  in  favor  of  the  amendment  offered 
by  the  gentleman  from  Laraniie,  Mr.  Hay,  will  rise  and  stand 
until  counted — 11.  Those  opposed  will  rise  and  stand  until 
counted — 14.  The  amendment  is  lost.  Are  there  any  further 
amendments  to  be  offered  to  the  file?  The  chair  hears  none. 
The  question  is  now  upon  the  final  passage  of  the  file  as  read. 
Those  who  are  of  the  opinion  that  the  file  be  adopted  as  a 
part  of  the  constitution  will  say  aye;  those  opposed  will  sa,y 
ne  as  their  names  are  called.  The  secretary  Avill  call  the  roll. 

(Calling  the  roll.) 

Mr.  RTNER.  I  want  to  say  one  word  in  explanation  of  my 
rote.  I  vote  no  because  I  think  this  apportionment  is  unfair, 
not  only  to  this  but  to  every  other  county  in  the  territory. 
Hence  I  vo'te  no. 

Mr.  PRESIDENT.  The  vote  on  the?  part  of  File  7G,  con- 
cerning apportionment  is  as  follows:  Ayes,  26;  noes,  4;  absent, 
10.  Gentlemen,  by  your  vote  you  have  adopted  that  part  of 
the  file  as  a  part  of  the  constistution  of  Wyoming.  Final  read- 
ing of  File  70,  legislative  department. 
(Reading  of  Sees.  1  and  2.) 

Mr.  TESCHEMACHER.  I  notice  one  unnecessary  sentence 
in  there  "Except  as  is  otherwise  provided  in  this  constitu- 
tion." jl  move  to  strike  it  out ;  in  the  second  line  of  Sec.  2. 

Mr.  PRESIDENT  Gentlemen,  you  have  heard  the  motion. 
Are  you  ready  for  the  question?  All  in  favor  of  the  motion  to 


528  CONSTITUTIONAL  CONVENTION. 

strike  out  will  say  aye;  contrary  no.    The  ayes  have  it;  the  mo- 
tion prevails. 

(Reading  of  Sec.  3.) 

Mr.  COFFEEN.  There  is  one' provision  that  I  think  was 
settled  by  two  or  more  votes,  that  each  county  shall  consti- 
tute a  senatorial  and  representative  district,  and  it  seems  to 
have  been  omitted. 

Mr.  TESCHEMACHER.  I  think  it  is  there  unless  it  has 
slipped  out. 

Mr.  BURRITT.  I  beg  to  call  attention  to  the  fact  that  ac- 
cording to  the  apportionment  bill  two  counties  may  consti- 
tute a  representative  district. 

Mr.  COFEEN.  The  provision  I  refer  to  may  be  in  the  next 
section. 

(Reading  of  Sec.  4.) 

Mr.  COFFEEN.  It  does  not  seem  to  be  in  there,  so  I  move 
an  amendment  to  Sec.  3  by  inserting:  "Each  county  shall  con- 
stitute a  senatorial  and  representative  district." 

Mr.  PRESIDENT.  Gentlemen,  you  have  heard  the  amend- 
ment. Are  you  ready  for  the  question?  All  in  favor  of  the 
adoption  of  the  amendment  as  proposed  by  the  gentleman 
from  Sheridan  will  say  aye;  contrary  no.  The  ayes  have  it; 
the  motion  stands  adopted. 

(Reading  of  Sections  5  to  10.) 

Mr.  CAMPBELL.  I  move  to  strike  out  that  part  not  al- 
lowing a  senator  to  hold  any  other  office?.  Suppose  a  judge 
should  die,  and  one  of  the  best  men  in  the  territory  to  succeed 
him  is  a  member  of  the  senate,  he  can't  fill  that  place.  I  think 
that  is  wrong  to  the  people  and  to  him.  I  don't  see  why  a  man 
should  be  debarred  simply  because  the  people  have  elected  him 
to  a  seat  in  the  senate.  I  move  to  strike  that,  out. 

Mr.  COFFEEN.    Second  the  motion. 

Mr.  HAY.    I  think  that  is  all  right.    If  a  member  of  the 
statX?  senate  or  of  the  house  is  elected  or  appointed  to  be  a 
judge,  let  him  resign  from  the  legislative  body  and  not  hold 
both  at  once. 

Mr.  CAMPBELL.  The  motion  is  to  strike  out  that  portion 
of  the  section  which  prevents  a  person  who  is  a  member  of  the 
legislature  holding  any  civil  office,  in  the  state  during  the  time 
for  wrhich  he  wras  elected.  I  don't  think  if  he  resigned  it  would 
make  any  difference. 

Mr.  MORGAN.  The  idea  I  presume  is  to  prevent  a  man 
from  using  his  legislative  or  senatorial  position  to  get  an  ap- 
pointment. That  is  what  it  is  for. 

Mr.  CAMPBELL.  I  don't  see  how  this  provision  would  help 
that  matter  any,  and  as  I  see  no  reason  why  they  should  not 
hold  office  during  that  tune  I  move  to  strike  out  all  of  Sec.  8, 
down  to  the  word  "no"  in  the  second  line  of  said  section. 


PROCEEDINGS  AND  DEBATES.  629 

Mr.  PRESIDENT.  The  motion  is  to  strike  out  Sec.  8  down 
to  the  word  no  in  the  second  line.  ''No  senator  or  representa- 
tive shall  during  the  term  for  which  he  shall  have  been  elected 
be  appointed  to  any  civil  office  in  the  state."  Are  you  ready 
for  the  question? 

Mr.  FOX.  It  seems  to  me  what  is  right  for  one  is  right  for 
the  other.  The  first  of  this  section  states  that  no/  senator  or 
representative  shall  hold  office  during  the  term  for  which  he 
was  elected ;  and  the  last  part  that  no  person  holding  any  office 
under  the  United  States  government  or  state  shall  be  elect- 
ed a  member  of  the  legislature.  I  think  the  thing  is  as  broad 
as  it  is  long,  and  the  whole  section  ought  to  stand  just  as  it  is. 

Mr.  PRESIDENT.  Gentlemen,  you  have  heard  the  motion. 
Are  you  ready  for  the  question?  All  in  favor  of  the  motion  to 
strike  out  will  say  aye;  contrary  no.  The  noes  have  it;  the 
motion  to  stri  ve  out  is  lost. 

Mr.  RINER.  We  have  heard  so  much  about  economy  in 
this  hall  I  want  to  offer  an  amendment  to  Sec.  8  of  the  printed 
bill,  on  purely  economical  motives.  I  see  that  the  pay  is  fixed 
at  five  dollars  per  day.  Nowr  the  United  States  pays  only  four 
dollars  per  day,  and  I  think  that  is  as  high  as  it  should  be  for 
the  first  legislative  assembly  of  the  new  state.  I  therefore 
move  to  strike  out  the  wrord  "five"  and  insert  "four,"  thus  mak- 
ing it  conform  to  that  of  the  first  legislature,  and  that  the  time 
for  the  first  legislature  shall  be  ninety  days,  instead  of  one 
hundred  and  twenty  days,  arid  that  the  word  "sixty"  in  the 
sixty-sixth  line  be  stricken  out  and  "forty"  inserted  in  lieu 
tlujreof. 

Mr.  PRESIDENT.  Gentlemen,  you  have  heard  the  motion. 
Are  you  ready  for  the  question?  To  amend  Sec.  8  of  the  printed 
bill  by  striking  out  the  wrord  five  and  insert  the  word  four. 
Are  you  ready  for  the  question.  All  in  favor  of  the  motion  will 
say  aye;  contrary  no.  *The  noes  seem  to  have  it.  A  division  is 
called  for.  All  in  faivor  of  the  motioin  to  strike  out  will  rise 
and  stand  until  counted — 13.  Those  opposed  will  rise — 14.  In 
the  negative.  The  motion  is  lost.  The  motion  now  is  to  strike 
out  the  words  one  hundred  and  twenty  and  insert  ninety.  Are 
you  ready  for  the  question  ? 

Mr.  MORGAN.  The  committee  considered  this  very  care- 
fully. I  was  inclined  to  favor  ninety  days,  but  concluded  that 
would  not  be  long  enough  for  the  first  session.  They  will  have 
to  form  many  new  laws  and  put  them  in  operation,  and  I  think 
It  would  require  one  hundred  and  twenty  days. 

Mr.  CLARK.  Jt.  seems  to  me  that  they  would  be  unable  to 
employ  more  than  ninety  days,  unless  they  should  continue  in 
the  way  we  began,  and  I  am  therefore  in  favor  of  the  amend- 
ment. 

Mr.  RINER.  The  reason  I  offered  this  amendment  was 
that  it  had  been  suggested  to  me  by  a  number  of  citizens  that 


630  CONSTITUTIONAL  CONVENTION. 

to  get  a  favorable  consideration  of  this  constitution  the  ques- 
tion of  economy  must  be  very  carefully  looked  to,  and  this  mat- 
ter was  called  to  my  special  attention.  Here  we  provide  for  a 
more  expensive  government  than!  the  United  States  has  al- 
lowed us,  namely  one  dollar  additional  compensation,  increas- 
ing the  first  session  from  sixty  to  one  hundred  and  twenty 
days,  and  making  all  the  sessions  sixty  days.  The  first  thirty 
out  of  the  sixty  days  goes  about  as  it  has  done  in  this  conven- 
tion, members  going  home,  and  discussing  the  rules,  and  not 
getting  down  to  work  until  the  last  thirty  days.  I  believe  we 
will  get  better  legislation  and  save  a  great  deal  of  expense  in 
this  way.  I  offer  this  amendment  on  purely  economical  mo- 
tives, and  because  of  the  suggestions  made  to  me  by  parties  in- 
terested in  the  success  of  this  constitution,  and  the  expense 
that  this  constitution  will  provide  for.  As  far  as  I  am  person- 
ally concerned  I  care  nothing  about  it. 

'  Mr.  COFFEEN.  Most  of  the  constitutions  that  have  been 
lately  framed  have  recognized  the  fact  that  to  make  a  com- 
plete code  or  anything  near  it  under  the  constitution  will  re- 
quire a  great  many  days  work,  and  ninety  days  I  do  not  think 
sufficient.  I  believe  one  hundred  and  twenty  days  is  small 
enough,  for  the  first  legislature  will  have  a  great  deal  to  do. 

Mr.  CAMPBELL.    The  expense  saved  would  be  $7,350. 

Mr.  PRESIDENT.  Any  further  remarks?  The  question  is 
on  the  motion  to  strike  out  one  hundred  and  twenty  and  insert 
ninety.  All  of  the  opinion  that  the  motion  to  strike  out  and 
insert  prevail  will  say  aye;  contrary  no.  The  ayes  have  it;  the 
motion  prevails.  The  question  is  now  on  the  motion  to  strike 
out  the  word  sixty  and  insert  the  word  forty.  All  in  favor  of 
the  motion  will  say  aye;  contrary  no.  The  noes  seem  to  have 
it.  A  division  is  called  for.  All  those  in  favor  of  the  motion 
will  rise  and  stand  until  counted — 18.  Those  opposed  will  rise 
— 8.  The  motion  to  strike  out  and  insert  prevails.  Any  furth- 
er amendments? 

Mr.  RLNER.  We  have  saved  by  that  the  expense  of  the  su- 
preme court  for  two  years. 

(Reading  of  Sees.  9,  10  and  11.) 

(Reading  of  Sees.  12  to  19.) 

Mr.  BFRPjTTT.  I  move  to  strike  out  the  word  "lieutenant 
governor"  in  the  fifth  line. 

Mr.  PRESIDENT.  Gentlemen,  you  have  heard  the  motion, 
to  strike  out  the  word  lieutenant  governor.  Are  you  ready 
for  the  question?  All  in  favor  of  the  motion  will  say  aye;  con- 
trary no.  The  ayes  have  it;  the  motion  to  strike  out  prevails. 

Mr.  CAMPBELL.  If  not  out;  of  order,  I  would  like  to  move 
a  reconsideration  of  the  vote  on  the  motion  to  strike  out  "five'r 
and  insert  "four."  1  have  been  figuring  and  I  soo  you  will  save 
a  great  deal  of  money  by  fixing  four  dollars  a  day  for  senators 
and  representatives.  I  figure  that  you  would  save  .fl,3(>0.  1 


PROCEEDINGS  AND  DEBATES. 


63I 


voted  for  five  before,  so  believe  I  am  in!  a  position  to  move  a 
reconsideration  of  the  vote. 

Mr.  PRESIDENT.  The  question  is  on  the  motion  to  recon- 
sider the  vote  on  the  amendment  to  strike  out  the  word  five 
and  insert  the  word  four,  by  which  th.Q  amendment  was  lost- 
Are  you  ready  for  the  question  ?  All  in  favor  of  the  motion  will 
say  aye;  contrary  no.  The  ayes  have  it;  the  motion  to  recon- 
sider the  vote  prevails.  What  is  your  pleasure,  gentlemen? 

Mr.  OOFFEEN.  The  question  now  coming  up  is  to  vote 
again  on  changing  the  compensation  from  five  to  four  dollars 
per  day.  It  seems  to  me  a  move  is  being  made  here  as  if  to 
justify  the  expense  of  a  supreme  court  by  cutting  off  all  they 
can  on  the  legislature.  I  am  satisfied  that  we  are  going  to 
have  a  supreme  court,  we  have  finally  decided  upon  that,  but 
should  we  take  the  position  that  we  will  curtail  the  legislature 
both  in  time  and  compensation,  and  thus  save  the  expenses  of 
the  supreme  court,  and  make  that  an  excuse  for  spending  so 
much  on  the  supreme  court.  ,1  say  you  should  not  cripple  the 
legislature  in  its  ability  and  power  to  make  laws.  I  think  you 
have  done  one  of  the  vory  wost  things  in  cutting  down  the 
first  session  to  ninety  and  the  other  sessions  to  forty  days. 

Mr.  BUKKITT.  I  desire  to  put  in  a  very  modest  protest 
against  the  reduction  of  this  salary  from  five  to  four  dollars. 
The  legislative  assemblies  of  Wyoming  for  year's  past  have 
been  passing  joint  resolutions  to  congress  asking  for  increased 
pay.  The  fact,  is  in  the  northern  part  of  the  territory,  repre- 
sented by  myself  and  my  associates,  the  only  way  we  can  get 
a  man  to  attend  the  legislature  is  for  some  prominent  citizens 
of  both  parties  to  come  together  and  agree  to  stand  by  him  in 
his  business  while  he  is  away,  and  it  is  a  matter  of  fact  that 
every  member  of  the  legislature  for  the  last  three  or  four  years 
has  been  obliged  to  call  upon  the  people  at  home  for  assistance 
either  in  their  business  or  otherwise,  and  it  is  a  pretty  hard 
matter  to  get  a  man  of  any  ability  in  Sheridan  or  Johnson 
counties  to  come  to  the  legislature.  WTiile  I  am  on  my  feet  I 
desire  to  put  in  a  very  strong  protest  against  the  cutting  down 
of  the  first  session  of  the  legislature  from  one  hundred  and 
twenty  days.  I  do  that,  sir,  for  the  reason  that  the  judges  of 
our  supreme  court  in  holding  their  last  session  have  found  it 
necessary  to  say  that  about  the  first  thing  that  should  be  done 
in  the  eleventh  legislative  assembly  should  be  the  introduction 
of  a  joint  resolution,  and  see  that  it  was  passed,  repealing  the 
present  statutes  of  Wyoming.  With  all  due  respect  to  the 
compilers  of  our  present  revised  statutes,  there  is  the  most 
complete  evidence  in  the  collection  of  the  material  of  the 
courts,  that  the  assembly  that  passed  upon  this  revision  did 
not  do  its  duty.  It  is  nothing  more  than  a  book  of  contradic- 
tions, as  all  will  see  who  study  it,  and  the  fact  that  it  has  been 
necessary  to  pass  so  many  supplementary  laws,  is  of  itself  a 


632  CONSTITUTIONAL  CONVENTION. 

strong  argument  to  prove  the  truth  of  what  I  say.  As  this 
now  stands  I  shall  be  compelled  to  vote  against  the  whole  leg- 
slative  bill.  I  think  it  is  an  outrage  upon  the  people,  and  no 
saving. 

Mr.  MORGAN.  The  committee  considered  this  question  of 
compensation  very  carefully.  The  United  States  used  to  pay  five 
dollars  per  day,  but  in  a  fit  of  foolish  economy  it  made  it  four 
dollars.  I  have  looked  into  this  question  and  ,1  don't  think 
iour  dollars  will  more  than  cover  their  actual  expenses;  they 
•ought  to  be  comfortable  here.  Are  you  going  to  establish  of- 
iices  in  this  territory,  and  purely  representative  offices,  and 
•deprive  the  people  of  having  them  filled  by  men  of  ability,  by 
keeping  from  them  compensation  enough  to  pay  their  expens- 
es, we  ought  not  to  do  this,  in  particular  since  we  have  re- 
duced the  first  session  to  ninety  days,  those  men  will  have 
to  work  as  never  men  worked  before  in  order  to  do  some  of 
the  duties  required  of  them.  It  ought  to  be  more,  but  tak- 
ing into  consideration  the  circumstances  of  the  territory,  the 
committee  decided  upon  five  dollars,  which  will  just  about  pay 
their  actual  expense^. 

Mr.  CHAIRMAN.    Any  further  remarks? 

Mr.  CLARK.  I  shall  vote  against  the  amendment  precise- 
ly for  the  reasons  given  by  Mr.  Morgan,  but  I  believe  whether 
the  compensation  is  five  dollars,  or  four  dollars,  or  three  dol- 
lars, I  believe  we  will  have  good  legislators.  I  believe  a  man 
will  come  here  just  as  readily,  wrho  has  the  good  of  the  terri- 
tory at  heart,  and  has  any  self  respect,  I  believe  he  would  come 
just  as  readily  for  three  dollars  as  he  would  for  five,  but  I  be- 
lieve it  is  a  question  of  false  economy  to  say  that  we  shall  not 
pay  these  men  who  represent  us  and  who  make  our  laws  at. 
least  something  in  the  way  of  compensation.  We  don't  want 
to  ask  them  to  come.'  here  for  less  than;  it  will  cost  them,  and 
I  undertake  here  to  say  that  no  body  of  men  can  meet  here  in 
Cheyenne  at  an  average  cost  of  less  than  three  dollars  per  day. 
I  think  that  has  been  the  experience  of  past  legislatures,  and 
I  think  it  will  be  the  experience  of  future  legislatures.  You 
liave  to  pay  two  and  three  dollars  per  day  for  hotel  bills,  and 
if  you  want  anything  to  eat,  you  have  to  pay  as  much  more  for 
restaurant  bills  and  all  the  little  incidental  bills  that  come 
up.  It  sffms  to  me  that  we  ought,  not  fix  this  lower  than  five. 
I  would  eVeu  favor  six. 

Mr.  BITRRITT.  I  desire  to  extend  my  sympathies  to  Mr. 
Clark,  as  he  seems  to  have  had  an  experience  similar  to  my 
own  since  I  came  to  Cheycfnne.  I  should  like  to  have  the  Union 
'Pacific  take  away  their  legislative  passes  so  men  cannot  slip 
away  and  go  off  on  pleasure  trips,  and  go  home  between  meals, 
when  there  are  some  of  us  who  cannot  go  home,  who  came 
from  northwestern  Wyoming,  and  have  to  take  215  miles  of 
.staging,  I  should  like  to  have  some  of  the  gentlemen  have  to 


PROCEEDINGS  AND  DEBATES. 


633 


do  that,  and  see  how  they  would  like  it.  I  think  the.  gentleman 
from  Ufnta  would  vote  for  seven  dollars  and  a  half  in  that  case. 

Mr.  CLAKK.  Yon  get  fifteen  cents  a  mile  and  the  gentle- 
men who  travel  on  passes  don't  want  any  mileage. 

Mr.  BUKRITT.  After  we  have  paid  our  fare  that  just 
leaves  enough  to  pay  for  traveling  over  a  stage  line. 

Mr.  TESCHEMACHER  I  did  not  intend  to  say  anything 
on  this  subject,  but  I  can  just  tell  you  how  this  thing  works. 
I  was  appointed  by  Mr.  Morgan  as  an  accountant, 
that  is  to  say  to  audit,  the  ejxpenses  of  the  auditor's  books, 
etc.  I  was  one  member,  Mr.  Quinn  was  another,  and  a  gentle- 
man from  Carbon  was  another  member.  Now  I  think  you  will 
acknowledge  that  I  probably  did  as  muck  work  as  I  could.  1 
worked  all  the  time.  The  law  provides  that  those  outside  mern- 
jbers  get  mileage,  but  I  unfortunately  coming  from  Cheyenne 
could  get  none  We  worked  six  days.  I  g'«t  twenty- four  dol- 
lars, Mr.  Quinn  who  came  down  on  a,  pass  got  a  hundred  and 
forty-six  dollars,  and  the  gentleman  from  Carbon  who  traveled 
011  a  pass  got  eighty-six  dollars.  That  is  the  way  it  works 
against  a  man  from  Uinta  and  the  northern  counties.  JLTie 
same  thing  applies  to  the  legislative  sessions.  The  gentleman 
from  Uinta  gets  fifteen  cents  mileage  and  only  pays  five  cents, 
and  had  passes  on  our  railroads,  so  you  see  that  the  thing  is 
against  the  member*  who  live  in  Cheyenne,  Their  expenses  go 
on  just  t}ie  same.  T  have  got  to  eat  even  if  I  do  live  in  Chey- 
enne. 

Mr.  MOKGAN.  ;I  want  to  endorse  what  the  gentleman 
from  Uinta  has  said,  and  go  a  little  further.  These  men  are 
often  influenced  by  patriotic  motives  to  come  here  and  serve 
their  country  in  the  legislature,  some  of  these  men  are  doubt- 
less able  to  pay  their  own  expenses,  but  there  are  others  who 
are  not,  and  who  might  be  obliged  to  stay  at  home  because' 
they  could  not  aiford  to  come  unless  their  expenses  were  paid, 
because  they  are  poor  men,  and  I  think  we  should  allow  them 
enough  to  pay  their  actual  necessary  expenses. 

Mr.  CAMPBELL.  JL  would  like  to  ask  Mr.  Morgan  whether 
a  man  getting  mileage  and  four  dollars  a  day,  I  would  like  to 
ask,  whether  that  would  not  pay  the  expenses  of  an  ordinary 
man? 

Mr.  MOKGAN.     I  don't  think  it  will. 

Mr.  CAMPBELL.  He  would  be  here  for  forty  days  at  four 
dollars  per  day,  for  forty  days  one  hundred  and  sixty  dollars, 
and  fifteen  cents  a  mile  mileage,  and  from  the  most  northern 
counties  it  would  not  cost  him  more  than  one  hundred  dollars, 
and  that  would  leave  two  hundred  and  sixty  dollars,  and  if 
any  man  could  not  live  for  forty  days  on  two  hundred  and 
sixty  dollars,  he  has  no  business  to  come  to  the  legislature. 
I  merely  wish  to  say  that  this  amendment  will  save  the  terri- 
tory on  its  lirst  legislature  14419. 


634  CONSTITUTIONAL  CONVENTION. 

Mr.  PRESIDENT.  The  question  is  on  the  motion  to  strike 
out  and  insert.  All  in  favor  of  the  motion  -will  say  aye;  con- 
trary no.  The  noes  seejin  to  have  it.  A  division  is  called  for. 
All  in  favor  will  rise  and  stand  until  counted.  Those  opposed 
—19.  The  motion  is  lost. 

Mr.  SMITH.  I  desire  to  call  attention  to  the  fact  that  this 
file  was  evidently  drawn  to  have  a  lieutenant  governor,  and  i 
would  call  attention  to  Sec.  12  of  the  printed  bill,  where  it  pro- 
vides they  shall  elect  a  president  pro  tejm.  I  would  move  to 
strike  out  the  words  "pro  tern." 

Mr.  PRESIDENT.  Gentlemen,  you  have  heard  the  motion. 
AJ1  in  favor  of  the  motion  to  strike  out  the  words  pro  tern 
will  say  aye;  contrary  no.  The  ayes  have  it;  the  motion  to 
strike  out  prevails. 

(Reading  of  Sees.  18  and  10.) 

Mr.  CAMPBELL.  In  order  to  test  the  sense  of  this  con- 
vention, I  move  to  make  that  five  days  instead  of  ten.  I  think 
that  was  framed  on  the  sixty  days  session,  was  it  not?  I  move 
to  reduce  it  to  five. 

Mr.  PRESIDENT.  It  is  moved  to  strike  out  the  word  ten 
in  Sec.  24  of  the  printed  bill  and  insert  five  in  lieu  thereof.  Are 
you  ready  for  the  question?  All  in  favor  of  the  motion  will  say 
aye;  contrary  no.  The  ayes  have  it;  the  motion  to  strike  out 
and  insert  prevails. 

(Reading  of  Sec.  23.) 

Mr.  BURRITT.  I  would  like  to  ask  the  chairman  of  the 
engrossing  committee  if  the  matter  in  reference  to  the  incorpo- 
ration of  cities  was  purposely  left  out?  It  came  up  in  the  mu- 
nicipal corporation  file  and  was  in  my  charge,  and  the  conven- 
tion knocked  it  out  there,  because}  it  belonged  in  here,  but  it 
seems  to  have  fallen  out,  so  I  move  to  insert  in  the  fifth  lineT 
after  the  word  ''affairs,"  "the  incorporation  of  cities  and 
towns."' 

Mr.  TESCHEMAOHER.  The  chairman  of  the  committee 
would  like  to  say  that  it  is  in  the  bill,  but  in  Sec.  29.  There 
were  two  sections  that  had  to  be  knocked  out  of  this  bill  in  or- 
der to  make  it  conform  with  the  apportionment  bill,  and  the, 
sections  were  renumbered.  I  think  if  the  clerk  will  reread  the 
bill,  the  gentleman  from  Johnson  will  see  that  this  is  in  the 
bill.  If  the  secretary  will  read  the  balance  of  the  bill  I  will 
look  the  matter  up  and  see  if  it  is  not  all  there. 

(Reading  of  File  down  to  Sec.  32  of  the  printed  bill.) 

Mr.  RINER.  There  is  one  part  that  I  would  like  the  legis- 
lative committee  to  explain  what  it  means.  If  the  explanation 
is  satisfactory  I  don't  care  to  amend.  In  the  last  clause  of  tjie 
section  "providing  for  the  payment  of  claims"  made  against 
the  state.  What  class  of  claims  is  it  proposed  to  reach?  It 
there  is  no  reason  for  it  I  see  no  reason  for  having  the  language 
in  there,  and  I  move  to  strike  it  out. 


PROCEEDINGS  AND  DEBATES. 


635 


Mr.  MORGAN.  I  don't  know  what  the  intention  of  the 
committee  was,  but  it  was  to  apply,  of  course?,  in  this  connec- 
tion. Tn  connection  with  legislative  supplies.  That  is  the  in- 
tention of  the  section,  I  take  it. 

Mr.  RINER.  J  was  afraid  it  would  bear  that  construction. 
I  think  the  point  we  want  to  reach  here  can  be  reached  with- 
out that  part  which  I  propose^  to  strike  out.  "After  services 
have  been  rendered  or  contract  made,"  and  stop  right  there. 
I  move  to  strike  out  all  the  balance  of  Sec.  32  of  the  printed 
bill. 

Mr.  PRESIDENT.  Gentlemen,  you  have  heard  the  motion. 
Are  you  ready  for  the  question?  All  in  favor  of  the  motion  to 
strike  out  will  say  aye;  contrary  no.  The  ayes  have  it;  the  mo- 
tion to  strike  out  prevails, 

Mr.  CLARK.  I  move  to  amend  Sec.  48  of  the  printed  bill 
by  striking  out  the  last  five  words,  "and  shall  not  vote  thereon.'7 
So  it  shall  read,  "A  member  who  has  a  personal  or  private  in- 
terest in  any  measure  or  bill  proposed  or  pending  before  the 
legislature  shall  disclose  the  fact  to,  the  house  of  which  he  is 
a  member."  I  believe  it  is  unjust  to  disfranchise  a  member 
of  the  legislature  if  for  business  reasons  or  otherwise  he  may 
have  a  personal  interest  in  the  bill,  and  that  is  the  reason  for 
my  motion. 

Mr.  BURRITT.  I  don't  believe  in  giving  a  member  the 
chance  to  dodge  the  vote  on  the  calls  of  the  ayes  and  nays  by 
saying  he  wras  personally  interested  in  the  bill. 

Mr.  PRESIDENT.  The  clerk  will  read  the  words  included 
in  the  motion. 

Mr.  CAMPBELL.  I  move  to  amend  the  amendment  by 
striking  out  all  of  the  section.  I  think  it  is  a  useless  provision. 
An  honest  man  will  disclose  the  fact  and  a  dishonest  man  won't 
in  any  case,  and  it  operates  against  the  honest  man  every  time. 

Mr.  TESCHEMACHER,    Second  the  motion. 

Mr.  PRESIDENT.  The  motion  to  amend  by  the  gentleman 
from  Uinta  was  to  strike  out  the  last  five  words  of  the  section, 
and  it  was  so  amended  to  strike  out  'the  whole  section.  The 
question  is  on  the  motion  to  strike  out  tjie  entire  section.  Are 
you  ready  for  the  question?  Those  in  favor  of  striking  out  the 
section  from  the  bill  will  say  aye;  contrary  no.  The  ayes  seem 
to  have  it  A  division  is  called  for.  All  in  favor  of  the  motion 
to  strike  out  will  rise  and  stand  until  counted — 11.  Those  op- 
posed will  rise — 13.  In  the  negative.  The  motion  to  strike  out 
is  lost.  The  question  now  recurs  on  the  motion  to  strike  out  the 
last  five  words  of  the  section. 

Are  you  ready  for  the  question  ? 

Mr.  COFFEEN.  Just  a  word  as  to  that.  I  believe  the  point 
is  well  taken,  but  I  believe  this  would  be  better :  "And  may  be 
excluded  from  voting  thereon."  It  seems  to  me  that  is  better.. 


636  CONSTITUTIONAL  CONVENTION. 

Mr.  PRESIDENT.  The  question  is  on  striking  out  the  last 
five  words  of  the  section.  All  in  favor  of  the  motion  will  say 
aye;  contrary  no.  The  ayes  seem  to  have  it.  A  division  is  call- 
ed for.  All  in  favor  of  the  motion  will  rise  and  stand  until 
counted — 13.  Those  opposed  will  rise — 13.  The  motion  is  lost. 
Any  further  amendments  to  the  file?  The  question  is  upon  the 
adoption  of  the  file  as  a  part  of  tne  constitution.  Are  there* 
any  further  amendments  to  be  offered  to  the  file? 

Mr.  COFFEEN.  As  the  bill  now  stands  I  should  be  obliged 
to  vote  no,  but  as  you  have  given  us  an  opportunity  to  further 
amend,  I  am  going  tp  move  an  amendment  to  test  the  question 
again.  I  am  sorry  to  do  this,  but  some  of  us  will  have  to  vote 
against  the  bill  as  it  now  stands.  In  Sec.  8  I  move  to  strike  out 
"forty"  and  insert  "fifty-six."  Seven  weeks.  I  don't  think  they 
can  do  their  work  in  less  than  that  time. 

Mr.  PRESIDENT.  Gentlemen,  you  have  heard  the  motion 
to  strike  out  the  wrord  ''forty''  and  insert  in  lieu  thereof  the 
word  "fifty-six."  Are  you  ready  for  the  question  ?  All  in  favor 
of  the,  motion  to  strike  out  and  insert  will  say  aye ;  contrary  no. 
The  noes  have  i1<;  the  motion  to  strike  out  is  lost.  Are  there 
any  further  amendments  to  be  ottered  to  the  file? 

Mr.  MORGAN.  I  don't  think  the  objections  to  sixty  days 
are  serious  enough  to  make  a  man  vote  against  the  whole  bill. 
Men  can  do  a  good  deal  in  sixty  days. 

Mr.  TESCHEMACHER.  I  would  like  to  say  a  few  words. 
With  the  sixty  days  session  every  legislature  that  I  have  been 
a  member  of  in  this  territory  has  adjourned  always  from  Friday 
to  Tuesday,  three  days  out  of  every  week,  for  which  they  receive 
twelve  dollars,  and  also  during  one  legislature  we  were  able  to 
go  on  a  junketing  trip  to  Salt  Lake,  and  had  a  very  good  time 
for  a  week.  We  were  paid  four  dollars  a  day  for  going  to  Salt 
Lake  and  back  on  a  special  train.  I  think  the  work  can  be 
done  in  forty  days  if  they  wrork. 

Mr.  COFFEEN.  As  the  bill  is  still  before  us  for  consider- 
ation, I  will  say  that  I  believe  I  could  vote  for  this  bill  and 
limit  all  subsequent  sessions  to  forty  days,  if  you  did  not  limit 
the  first  session  to  ninety  days,  contrary  to  the  judgment  of 
every  constitutional  convention  held  during  the  year,  and  con- 
trary to  the  judgment  of  the  committee  who  canvassed  that 
question  very  carefully,  and  I  think  would  be  contrary  to  the 
judgment  of  the  people  when  they  realize  the  work  that  will 
have  to  be  done  in  ninety  days,  to  formulate  a  complete  system 
of  legislation  for  the  government  of  the  state.  I  think  it  is  a 
most  unfortunate  situation,  but  I  think  il  could  vote  for  the 
bill  if  I  could  successfully  carry  an  amendment  on  that  point, 
although  it  is  against  my  judgment  and  a  great  mistake  to  limit 
the  other  sessions  to  forty  days,  as  I  do  not  believe  that  will 
be  sufficient,  and  I  think  it  will  take  more  than  one  hundred 


PROCEEDINGS  AND  DEBATES.  637 


and  twenty  days  for  the  first,  session  if  they  are  to  form 
thing  like  a  -complete  code  under  this  constitution. 

Mr.  PRESIDENT.  The  question  will  be  on  the  final  reading 
and  passage  of  File  70,  on  apportionment  and  legislative  de- 
partment. So  many  as  are  of  the  opinion  that  File  70  be  adopt- 
ed as  a  part  of  the  constitution  will  say  aye  as  their  names  are 
called;  those  opposed  will  say  no.  The  clerk  will  call  the  roll.  . 
(Calling  of  the  roll.) 

Mr.  CAMPBELL.  I  would  like  to  explain  my  vote.  I  am 
utterly  opposed  to  having  the  senate  elected  for  the  same  term 
as  the  representatives,  but  that  question  was  discussed  in  com- 
mittee of  the  whole,  and  those  in  favor  of  two  classes  prevailed,  , 
and  I  did  not  care  to  raise  the  question  a  second  time,  though 
I  believe  in  that  as  a  principle  of  legislation,  but  as:  there  are 
so  many  good  things  in  this  file,  I  vote  aye  with  that  explana- 
tion. 

Mr.  COFFEEN.  I  wish  to  explain  my  vote.  Owing  to  the 
amendments  introduced  regarding  the  time  for  legislation  in 
the  first  session,  and  subsequent  ones,  I  vote  no. 

Mr.  PRESIDENT.  Gentlemen,  the  vote  on  File  7(3  is  as  fol- 
lows :  Ayes,  28  ;  noes,  5  ;  absent,  16.  By  your  vote  you  have 
adopted"  File  70  as  a  part  of  the  constitution  of  the  state  of 
Wyoming.  The  file  will  now  be  referred  to  the  committee  oif 
enrollment.  This  disposes  of  all  the  matter  on  my  table  for 
final  reading.  What  is  your  pleasure,  gentlemen? 

Mr.  POTTER.  I  move  we  now  go  into  committee  of  the 
whole  for  consideration  of  the  revenue  bill. 

Mr.  PRESIDENT.  Gentlemen,  you  have  heard  the  motion.. 
Are  you  ready  for  the  question  ?  All  in  favor  of  the  motion  to  go 
into  committee  of  the  whole  will  say  aye;  contrary  no.  The 
ayes  have  it;  the  motion  prevails.  Will  Mr.  Burritt.  take  the 
chair?  We  are  now  in  committee  of  the  whole,  Mr.  Burritt  in 
the  chair. 

(Substitute  for  File  7,  26,  27,  41,  54  and  55.  Reading  ol 
Sec.  1. 

Mr.  HAY.  I  have  an  amendment  which  I  want  to  offer  to 
Seos\  1,  2,  3,  4  and  5.  I  want  to  say  that  this  was  taken  al- 
most word  for  word  from  the  Colorado  constitution.  We  all 
know  that  the  mining  development  of  Colorado  since  the  adop- 
tion of  their  constitution  has  been  phenomenal,  and  I  don't  be- 
lieve the  conditions  here  in  Wyoming  are  very  different  from 
what  they  were  in  Colorado  in  1875  and  1876.  This  substitute 
is  special  legislation  against  a  certain  interest,  and  I  am  op- 
posed to  it  on  that  ground. 

Mr.  BROWN.  I  am  very  much  opposed  to  the  amendment 
offered,  and  I  am  opposed  to  it  for  one  reason  because  it  is  the 
constitution  of  the  state  of  Colorado.  There  never  was  a  more 
lamentable  condition  of  things  than  has  existed  and  now  ex- 
ists in  that  state  as  the  result  of  this  very  provision.  As  my- 


638  CONSTITUTIONAL  CONVENTION. 

friend  Hay  says  the  output  of  mineral  in  the  state  of  Colorado 
has  been  phenomenal.  There  is  no  question  about  it,  but  what 
good  has  t^he  output  of  that  mineral  been  to  the  state  of  Colo- 
rado? Not  a  five  cent  piece  out  of  the  many  millions  of  dollars 
taken  from  its  mines  has  gone  into  the  state  treasury  as  a 
tribute  to  the  state.  The  mines  have  been  mined  out  in  a  large 
degree,  the  wealth  has  been  carried  from  the  state  and  is  in 
the  hands  of  non-residents,  the  wealth  of  the  state  has  been 
taken  away  and,  the  riches  of  the  state  depleted  to  this  ex- 
tent, and  not  one  cent  tribute  has  been  paid  to  the  government. 
Colorado  is  just  so  much  poorer  today  than  when  she  adopted 
her  constitution,  just,  so  much  poorer  as  the  value  of  the  min- 
erals taken  from  her  mines.  It  is  true  that  Colorado  has  grown 
and  improved  in  other  respects,  lit  has  increased  in  a  large 
degree  in  population,  and  the  state  has  increased  in  popula- 
tion purely  from  the  importance  and  growth  of  mining  as  a 
business  in  the  state.  But  while  that  is  true,  this  mineral,  the 
real  wealth  of  the  state,  has  been  carried  away,  and  no  tax  has 
been  paid  out  of  the  money  to  the  state  for  the  support  of  the 
government.  I  believe  that  is  wrong,  and  I  believe  that  the 
state  of  Colorado  has  been  injured  by  that  process,  for  the  rea- 
son that  if  a  tax  had  been  levied  upon  these  millions  of  dollars 
taken  from  the  mines  of  Colorado,  and  applied  to  the  payment 
of  the  state  expenses,  or  the  state  debt,  Colorado  would  have 
been  free  from  debt  today,  and  in  a  prosperous  condition  as  a 
state  government,  notwithstanding  the  extravagances  that 
have  been  indulged  in  by  the  legislatures  of  that  state.  It  is 
said  today  that  a  very  nominal  tax  on  the  output  of  its  mines 
would  have  relieved  Colorado  from  its  present  condition.  Is 
it  to  be  said  that  people  shall  come  into  our  mines  from  all 
over  this  country,  extract  from  them  the  precious  metals  or 
the  coal,  it  makes  no  difference  which,  take  it  away,  utilize  the 
wealth  that  comes  from  it  in  other  states,  and  pay  nothing  for 
the  support  of  the  state  where  it  lies?  I  don't,  believe  in 
the  principle,  and  the  practice  has  been  bad.  Now  as  to  this 
matter  of  taxing  coal  lands.  It  is  supposed,  whether  truly  or 
not  we  cannot  say,  still  it  is  supposed,  that  the  great  wrealth  of 
the  state  will  consist  in  its  coal  and  coal  lands.  Now  is  there 
any  reason  why  they  should  not  pay  a  tonnage  tax  on  this 
coal  ?  A  large  proportion  of  it  is  shipped  out  of  the  state,  prob- 
ably out  of  all  the  coal  mined  in  Wyoming  this  year  nearly  two- 
thirds  of  the  whole  amount  will  be  used  and  shipped  outside  of 
tlW  limits  of  the  territory.  A  tax  of  this  kind  comes  out  of 
the  consumer.  Is  there  any  reason  why  the  people  who  have 
the  benefit  of  our  coal  should  not  pay  sometliing  to  support  the 
government  of  the  state?  That  is  the  consumers  will  pay  it, 
and  as  consumers  they  ought  to  pay  it,  and  we  ought  to  have 
some  benefit  of  this  coal  product,  to  support  the  government 
that  we  are  trying  and  undertaking  to  establish.  Any  one  can 


PROCEEDINGS  AND  DEBATES. 


639 


•see  the  fallacy  of  the  present  methods  of  taxing  our  coal  fields, 
and  I  want,  to  call  your  attention  to  a  few  facts.  Taking  the; 
percentage  of  taxes  collected  in  the  territory,  and  we  find  that 
it  is  as  follows :  On  live  stock  there  is  collected  three  hundred 
and  forty  thousandths  per  cent  of  all  the  taxation,  on  railroads 
and  telegraph  lines  two  hundred  and  twenty-two  thousandths 
per  cent,  on  other  property  four  hundred  and  thirty-three  thous- 
andths per  cent,  and  coal  corporations  and  coal  lands  pay  fif- 
teen thousandths  per  cent,  and  that  is  all,  and  yet  it  is  said  we 
are  assessing  these  lands  on  their  value.  The  coal  business  in 
Wyoming  today  is  the  largest  industry  in  the  territory  and  pays 
the  slightest  possible  percentum  towards  the  support  of  the 
.government  of  the  territory,  and  yet  it  is  proposed  by  the  sub- 
stitute offered  by  my  friend  to  continue  this  method  of  taxa- 
tion, which  depletes  and  impoverishes  the  resources  of  the 
state,  and  gives  nothing  to  the  support  of  the  government.  Let 
me  present  a  few  more  facts.  There  is  paid  from  the  coal  in- 
terests toward  the  support  of  the  territorial  government  about 
-|1,250  per  annum.  Now  what  do  we  pay  our  coal  inspector  and 
coal  engineer?  What  are  the  expenses  to  the  territory?  At  least 
from  three  thousand  to  five  thousand  dollars  a  year  that  the 
territory  pays  out,  that  is  what  it  costs  the  territory  in  having 
•a  man  stand  and  look  over  these  mines,  to  pay  the  inspector  of 
coal  mines.  Is  that  the  wray  to  build  up  a  revenue  for  the  sup- 
port of  the  state  government?  There  is  mined  in  this  year  in 
the  territory  perhaps  about  two  millions  tons  of  coal.  A  tax  of 
one  and  one-half  cents  on  the  ton  of  this  two  million  tons  would 
produce  a  revenue  that  would  not  only  support  and  pay 
the  expenses  of  these  mining  inspectors  who  are  appointed  to 
look  after  these  mines  and  see  that  they  are  kept  healthy  and 
"in  a  fair  condition  for  the  men  to  go  into  them,  but  in  addition 
to  that  it  wold  pay  one-half  of  the  expenses  of  the  state  gov- 
ernment, and  wTho  will  be  made  the  poorer  by  it?  It  must  come 
out  of  the  pockets,  as  I  said,  of  the  consumer;  it  can  come  from 
nobody's  else  pocket  save  the  consumer's,  lit  has  been  said  by 
members  of  all  parties  and  admitted  by  all  that  every  tax  that. 
Is  levied  upon  an  article  of  commerce  is  so  much  to  be  taken  out 
of  the  pocket  of  the  consumer^  no  matter  what  the  tax  is.  Xow 
this  is  a  rule  of  universal  application,  admitted  by  all  sides  in 
the  discussion  of  political  measures,  and  of  tax  measures,  and 
I  think  we  may  admit  it  is  the  fundamental  principle  in  con- 
sidering this  question,  that  whatever  the  tax  we  levy  upon  the 
tonnage  it  is  to  come  out  of  the  pocket  of  the  consumer.  If  our 
coal  is  an  advantage  to  the  states  lying  around  us,  if  they  need 
it  for  domestic  and  other  purposes,  cannot  they  well  afford,  as 
consumers,  to  pay  something  to  help  support  our  state  govern- 
ment? I  have  heard  it  said  that  it  would  be  claimed  in  some 
way  that  such  a  tax  as  this  would  be  an  injustice  to  corpora- 
tions. I  cannot  see  in  what  way  it  can  be.  I  have  some  figures 


640  CONSTITUTIONAL  CONVENTION 

here  on  that  proposition.  The  cost  of  mining  coal  at  the  out- 
side figure  is  placed  at  $1.25  per  ton.  The  freigh't  to  Omaha  is 
$4  per  ton,  the  drayage  is  50  cents  per  ton,  the  total  cost  of  the 
coal  laid  down  in  Omaha  is  f  5.75  per  ton,  and  the  price  at 
which  it  is  sold  is  $7.00  per  ton.  I  speak  now  of  transporting 
coal  from  Rock  Springs,  because  that  is  a  fine  marketable  coal 
and  a  great  deal  is  shipped  from  the;re.  This  leaves  a  clear- 
profit  of  $1.25  per  ton,  and  I  want  to  say  right  here  that  in  fig- 
uring the  price  at  f 4.00  per  ton,  it  is  figured  on  the  short  haul 
price.  I  want  to  ask  you  if  this  tax  of  one  and  one-half  cents 
iM  to  be  taken  out  of  thait  profit,  wrhat  reason  is  there  'that  it 
should  not  be?  There  will  be  enough  left  after  they  take  that 
out.  Again,  figuring  on  Kearney  at  the  same  cost,  $1.25,  the 
freight  at  $3  pe;r  ton,  drayage  50  cents  as  before,  and  the  total 
expense  of  laying  it  down  in  Kearney  is  $4.75  per  ton.  They 
sell  it  there  for  $7.50  per  ton,  or  50  cents  more  than  the  coal  is 
sold  for  in  Omaha.  This  gives  a  profit  of  $2.75  per  ton  for  all 
coal  sold  in  Kearney.  Can  they  afford  to  deduct  from  that: 
profit  of  $2.75  per  ton  this  little  sum  of  two  and  a  half  cents 
per  ton.  It  seems  to  me  they  can.  Taking  the  same  scale  of 
prices  to  Cheyenne.  The  price  per  ton,  $1.25,  at  the  miney 
$1.50  for  freight,  and  50  cents  for  drayage,  makes  $3.25  per  ton_ 
It  is  sold  here  we  understand  at  $6.0Q  per  ton.  This  leaves  a 
profit  of  $2.75  per  ton  to  the  company  mining  the  coal. 

Mr.  HAY.  Judge,  I  want  to  call  your  attention  to  the  fact 
that  at  Rock  Springs  coal  sells  at  $2  a  ton  at  the  mines.  You 
must  also  remember  all  the  coal  mines  are  not  going  to  tie 
owned  by  the  Union  Pacific,  and  you  must  remember  that  the 
value  of  the  coal  at  the  mines  was  in  the  hands  of  a  monop- 
oly, who  could  do  as  they  tplease  and  make  a  large  profit  on 
their  operations.  But  you  must  in  any  case  take  the  value  of 
the  coal  at  the  mines. 

Mr.  BROWN.  Let  us  make  our  valuation  of  coal  at  the 
mine  $2  per  ton,  and  there  is  a  clean  profit  of  75  cents  at  the 
mine.  Can  they  afford  to  pay  out  of  that  75  cents  two  and  a 
half  cents  per  ton?  Suppose  it  comes  out  of  the  producer,  sup- 
pose what  is  claimed  is  so,  and  the  position  taken  by  my  friencf 
is  true,  in  that  it  sells  at  $2.00  per  ton.  Even  then  they  can 
well  afford  to  pay  this  tax  and  not  disturb  their  profits  in  the 
slightest  possible  degree.  But  I  was  figuring  on  their  profits 
at  Cheyenne,  figuring  at  the  price  which  they  get  here,  which- 
is  said  to  be  a  little  low  for  Rock  Springs  coal,  and  they  make 
$2.75  per  ton.  At  Laramie,  taking  the  freight  they  charge  out- 
siders, and  we  know  what  they  charge,  and  the  other  expenses,, 
makes  the  cost  at  Laramie  $3  per  ton,  and  they  sell  it  at  $G  per 
ton,  making  a  clear  profit  of  $2  on  every  ton  of  coal  sold  in  that 
town.  Take  it  at  Green  River,  the  cost  laid  down  at  Green 
River,  at  the  same  rate  of  freight,  and  perhaps  the  freight  can 
reasonably  be  figured  a  trifle  higher,  becatise  T  believe  the  ex- 


PROCEEDINGS  AND  DEBATES.  64*' 

pense  for  shipping  a  short  distance  is  greater  than  the  expense 
of  shipping  a  long  distance,  .but  figuring  it  at  the  same  rate, 
and  the,  cost  is  $1.83  per  ton.  It  is  sold  at  $4.50,  and  the  profit 
is  $2.77.  At  Butte,  the  cost  of  freighting  it  there  figured  at  the 
same  rates  of  freight  per  mile  that  we  pay  at  Laramie,  it  is  $4t 
per!  ton,  and  they  sell  it  at  $0  per  ton,  a  profit  of  $5.  Again, 
at  Salt  Lake  the  expense  is  $3.10  per  ton,  and  it  is  sold  at  $O..VL 
making  a  profit  of  $3.40  per  ton.  Now,  gentlemen,  we  have 
tried  4to  be  accurate  in  these  figures,  and  get  them  as  nearly 
right  as  we  could.  Tney  are  certainly  approximately  correct, 
Now  I  want  to  ask  you  as  fair  men,  and  want  to  do  what  is 
right,  I  ask  you  as  fair  men  is  there  any  justice  in  the  proposi- 
tion that  our  new  state  shall  be  depleted  of  its  wealth  in  coal, 
the  coal  taken  and  carried  to  other  states  and  territories 
around  us,  to  be  used  for  their  purposes,  and  we  get  no  benefit 
in  the  way  of  taxation  to  support  the  state  government? 
If  wre  are  to  judge  the  future  by  the  past,  we  will  get  nothing 
in  the  way  of  taxes  for  support  of  a  state  government ,  upon 
the  assessed  valuation  as  it  has  been  heretofore  made.  Anoth- 
er point  let  me  call  your  attention  to.  How  can  you  fix  the 
value  of  a  coal  mine?  How  can  you  fix  the  value  of  that  which 
is  hidden  and  about  which  you  know  comparatively  nothing? 
It  is  an  impossibility.  Now  then,  what  is  done  at  this  time  ? " 
The  Union  Pacific,  and  I  speak  of  them  fearlessly,  because  they. 
are  just  as  good  as  any  other  company  that  I  know  of,  the- 
Union  Pacific  on  all  its  coal  lands,  and  it  owns  many  thousands 
of  acres,  pays  but  the  smallest  possible  trifle  in  the  way  of  tax- 
ation to  the  support  of  the  government,  and  other  companies 
may  be  expected  to  do  the  same  thing.  It  is  said,  and  I  believe 
it  is  true,  that  hundreds  and  hundreds,  even  thousands,  of  acres: 
of  coal  land  in  this  territory  have  be<en  purchased  by  the  B.  & 
M.  railroad.  That  is  all  right;  thejy  have  a  right  to  purchase • 
them.  Will  they  pay  any  more  taxes  than  the  Union  Pacific 
does  on  its  lands?  I  don't  believe  they  will.  You  are  satisfied' 
to  tax  this  property  according  to  its  value.  When  its  value  - 
cannot  be  ascertained,  when  there  is  no  man  who  can  go  below, 
the  surface  and  tell  whether  thtfre  are  two  thousand  or  ten! 
thousand  'tons  an  acre,  how  are  you  to  fix  its  value?  How  are 
you  going  to  levy  a  tax  upon  the  value  of  the  land  when  you 
don't  know  what  it  is,  and  cannot  ascertain?  The  only  thing 
you  can  do  is  to  do  about  what  we  are  doing  now,  to  tax  it  at' 
some  merely  nominal  value,  and  as  long  as  you  tax  it  at  a 
merely  nominal  value,  we  get  nothing  for  the  support  of  our 
government  out  of  the  coal  mines.  The  coal  mines  of  Wyoming 
territory  for  the  last  three  years,  and  I  speak  advisedly,  have 
paid  less  to  the  support  of  the  state  than  has  been  expended 
in  looking  after  them,  by  the  territory.  If  that  is  to  continue 
in  the  future,  and  we  are  to  judge  the  future  by  the  past,  what 
hope  is  there  that  in  taxing  these  mines  we  shall  get  any  just 
—  41 


642  CONSTITUTIONAL  CONVENTION. 

compensation  out  of  them  for  the  support  of  the  government 
of  the  state?  It  seems  to  be  utterly  impossible.  I  believe  that 
the  assessments  have  been  as  fairly  made  in  the  past  as  they 
can  well  be  in  the  future,  but  how  much  better  is  this  other 
method.  When  you  take  a  ton  of  coal  you  know  just  what 
you  have  got,  that  is  something  yo.u  can  put  on  the  market  ana 
get  your  money  for  it,  you  can  well  afford  to  pay  this  small  tax 
upon  that  ton  of  coal.  Now  in  this  way  there  is  an  absolute 
certainty,  that  we  as  a  people  shall  realize  for  the  support  of 
the  government  something  tangible  and  real  from  these  coal  in- 
terests. We  will  not  only  make  them  pay  their  own  expenses, 
and  I  find  no  fault  about  the  money  expended  for  that  purpose, 
it  was  wisely  expended,  every  dollar  we  have  put  into  these 
mines  in  the  way  of  making  them  better,  and  improving  their 
condition  so  they  can  be  worked  in  with  safety  by  our  citizens, 
is  money  well  expended,  but  we  cannot  afford  to  take  the  mon- 
ey from  our  pockets,  that  is  produced  by  taxing  other  inter- 
ests to  pay  these  expenses.  We  can  afford  to  make  the  coal 
output  pay  it,  and  if  we  don't  do  it  now,  in  my  liumble  opinion, 
we  are  negligent  in  our  duties  as  members  of  this  convention. 
If  we  fail  in  this  we  fail  in  the  best  opportunity  that  a  people 
ever  had  to  build  up  the  revenues  of  the  state,  from  a  source 
that  can  impoverish  no  one,  and  harm  no  one,  and  save  the  fax 
payers  of  the  state  that  money  that  comes  from  other  sources, 
which  will  have  to  go  to  pay  for  the  state  government.  Our 
coal  mines  are  the  source  of  our  wealth,  and  if  this  coal  busi- 
ness that  is  today  paying  a  larger  profit  on  the  investment  than 
any  other  business  within  the  limits  of  our  territory,  cannot  pay 
its  just  proportion  of  the  public  expenses,  there  should  be  some 
reason  why  it  should  not.  I  do  not  desire  to  load  down  corpo- 
rations with  any  unjust  tax.  I  am  tne  last  man  that  wishes  to 
do  that  because  I  want  to  see  this  territory  grow  and  prosper, 
I  want  to  see  its  resources  developed,  and  I  want  to  see  corpo- 
rations and  railroad  companies  coming  into  the  state, 
and  help  develop  its  resources"  and  build  up  its  wealth,  but  1 
dont't  want  it  to  be  said  that,  when  I  shall  have  passed  away 
in  years  to  come,  that  I  was  one  party  that  had  an  Opportunity 
to  make,  this  resource  pay  fairly  toward  the  public  expenses, 
lost  th<3  opportunity  and  loaded  the  people  that  were  yet  to 
come  with  burdensome  debts  in  the  support  of  a  state  govern- 
ment. I  don't  want  the  pe/ople  that  are  to  come  to  say,  or  to 
have  any  opportunity  to  say,  that  when  one  of  the  best  meth- 
ods that  \va$  ever  presented  in  any  country  by  any  man,  was 
presented  to  this  convention,  whereby  to  raise  a  revenue  to  sup- 
port the  state,  that  we  carelessly  threw  it  away,  and  allowed 
our  country  to  be  impoverished  of  its  wealth  by  taking  its  coal 
from  its  boundaries,  and  we  got  nothing.  I  don't  believe  in 
that  sort  of  thing,  and  I  hope  this  convention  will  see  their  way 
to  do  what  is  just,  and  to  aid  the  new  state.  I  tell  you,  gentle- 


PROCEEDINGS  AND   DEBATES.  643 

• 

men,  this  tax  Avill  be  the  lifeblood  of  the  state,  and  will  keep  it 
up  and  help  support  it  and  save  fEe  people  of  the  state  from 
"burdensome  taxation. 

Mr.  HAY.  The  proposition  is  a  very  tempting  one.  j[  don't 
hejsitate  to  say  the  amount  of  revenue  we  will  get  from  this 
source  will  be  of  great  assistance  to  the  new  state,  but  I  don't 
know  of  any  reason  why  we  should  get  this  revenue  from  this 
particular  industry,  and  ignore  all  the  other  interests.  Why 
not  tax  all  the  agricultural  products  and  everything  else  we 
ship  out  of  the  territory,  to  be  consumed  outside  of  the  terri- 
tory. I  regret  very  much  that  the  entire  Sweetwater  delega- 
tion is  not  here  today.  I  don't  know  how  any  man  feels  on  tliis 
subject,  whether  they  side  with  me  or  not,  but  I  shorn1  d  like  to 
.have  the  opportunity  to  call  upon  them  for  some  information. 
1  am  not  prepared  to  discuss  the  figures  given  by  Judge  Brown 
but  I  want  to  talk  a  little  about  what  Judge  Brown  says  in  re- 
gard to  the  condition  of  affairs  in  Colorado.  Now  this  substi- 
tute, as  I  understand  it,  which  I  have  introduced,  does  not  ex- 
empt the  taxation  of  the  output  of  mines  entirely,  but  con- 
templates the  taxation  of  all  mines  alike  under  certain  condi- 
tions. We  navel  been  told  that  the  state  of  Colorado  has  been 
made  infinitely  poorer  by  the  amount  of  mineral  taken  out  in 
the  past  twenty  years.  7v>w  I  wish  Wyoming  might  only  be 
made  poorer  in  the  same  way  in  the  next  thirteen  years  as  Col- 
orado has  by  her  mines,  and  nothing  has  done  more  to  develop 
these  mines  and  encourage  mining  than  their  exemption  from 
taxation.  The  product  of  her  mines  has  been  a  greater  source 
of  revenue  than  all  of  her  agricultural  and  live  stock  interests 
and  the  fact  they  didn't  assess  the  output  and  cripple  every  man 
who  undertook  to  develop  a  mine,  has  resulted  in  a  great  deal 
of  wealth,  which  today  pays  its  tax. 

Mr.  BROWN.  Do  you  know  that  the  people  of  Colorado  are 
today  regretting  their  action  regarding  this  very  question? 

Mr.  HAY.  My  information  is  right  to  the  contrary.  1  anl 
informed  by  people  who  ought  to  know  that  it  is  their  belief, 
the  leading  men  of  Denver  have  informed  me  that  it  is  their 
belief  that  this  policy  of  encouraging  mining  has  done  more  for 
Colorado's  development  than  any  other  policy  ever  pursued 
there.  I  don't  care  to  go  into  the  figures  of  the  immense  profits 
made  by  the  Union  Pacific  on  coal  produced  at  their  Rock 
Springs  mines.  That  lias  nothing  whatever  to  do  with  this 
question,  whether  they  make  five  or  seventy-five  dollars  per 
ton  has  nothing  to  do  with  the  principle  of  making  this  infant 
coal  industry  subject  to  a  direct  tax,  which  you  don't  impose 
upon  the  output  of  any  other  mines.  The  mines  owned  by  the 
Union  Pacific  or  by  any  company  connected  with  them  and 
worked  at  Rock  Springs  are  but  a  drop  in  the  bucket  compared 
to  the  mines  in  this  country,  and  because  the  Union  Pacific  is 
:able  to  carry  on  its  business  Avitli  an  immense  profit  on  account 


644  CONSTITUTIONAL  CONVENTION. 

• 

of  the  transportation  they  get  on  it,  that  is  no  reason  why  oth- 
er coal  mines  should  be  taxed  on  account  of  their  profits.  We 
have  large  mining  interests  all  over  the  northern  part  of  the 
territory,  in  Converse  county,  where  the  quality  of  the  coal  is 
not  nearly  so  good,  and  the  profit  comparatively  nothing.  J. 
know  of  mines  in  which  sixty  thousand  dollars  have  been  put 
without  any  return  or  profit  whatever,  they  have  mined  out  a 
good  deal  of  coal,  and  it  would  be  pretty  hard  on  them  to  pay 
taxes  on  it  without  having  made  a  dollar  profit.  Another  ques- 
tion I  want  to  refer  to  and  that  is  the  manner  of  collecting 
these  taxes.  It  is  said  that  we  don't  get  anything  like  what  we 
ought  to  from  these  mines;  that  is  not  the  fault  of  our  present 
laws,  but  it  is  the  fault  of  our  assessors  and  of  the  people  who 
own  the!  mines.  But  as  I  said  in  starting  out  my  main  objec- 
tion to  this  thing  is  that  I  don't  like  to  see  a  special  tax  of  that 
kind  put  into  the  constitution,  there  is  not  another  constitution 
in  the  wrhole  of  the  United  States  that  has  this  provision  or  any- 
thing like  that. 

Mr.  SMITH.  In  Pennsylvania,  today  it  is  on  their  statute 
books. 

Mr.  HAY.  Pennsylvania  can  wrell  afford  to  put  that  in  her 
statute  after  her  mines  have  been  developed  as  they  have 
been. 

Mr.  ORGAN.  I  move  this  committee  now  rise,  report  pro- 
gress and  ask  leave  to  sit  again. 

Mr.  BAXTER    Second  the  motion. 

Mr.  CHAIRMAN.    Gentlemen,  you  have  heard  the  motion. 
Are  }ou  ready  for  the  question?  All  in  fav->r  of  the  motion  will 
say  aye;  contrary  no.    The  ayes  have  it;  the  committee  will  now 
rise  and  report. 
Mr.  President: 

Your  committee  of  the  wrhole  having  had  under  considera- 
tion the  special  order,  substitute  for  Files  7,  26,  27,  41,  55  and 
54,  beg  leave  to  report  progress  and  -asE  leave  to  sit  again. 

1C  H.  BURRITT,  Chairman. 

Mr.  PRESIDENT.  What  will  you  do  with  the  report  of 
your  committee,  gentlemen  ? 

Mr.  SMITH.    I  move  it  be  adopted. 

Mr.  PRESIDENT.  Gentlemen,  you  have  heard  the  motion. 
Are  you  ready  for  the  question?  All  in  favor  of  the  motion  will 
say  aye;  contrary  no.  The  ayes  have  rt;  the  report  is  adopted. 

Mr.  TESCHEMACHER.  There  is  a  matter  which  I  shall 
have  to  bring  to  the  attention  of  the  convention  again.  The 
question  is  w^hat  is  to  be  done  after  the  revision  committee  re- 
vises an  article.  Yesterday  I  hande-1  ;n  two  articles  revised, 
and  I  have  not  seen  them  since.  The  record  this  morning  says 
they  are  on  the  table,  perhaps  they  are,  I  don't  know  where 
they  are.  The  situation  is  simply  this,  the  revision  committee, 
with  the  sessions  we  are  holding  now,  has  absolutely  no  time 


PROCEEDINGS  AND  DEBATES.  645 

to  do  the  revision,  unless  we  remain  in  the  committee  rooms 
during-  the  rest  of  the  session.  Now  if  the  convention  has  de- 
cided that  each  article  is  to  be  revised  and  and  the  constitu- 
tion adopted  as  a  whole  before  it  is  enrolled,  well  and  good, 
the  members  will  have  to  remain  in  Cheyenne  at  great  expense 
four  of  five  days  after  this  convention  gets  through  its  labors, 
to  <*ee  th.'.l  this  constitution  bus  l.^en  propcily  enrolled  and 
affix  their  signatures.  This  is  absurd  on  the  face  of  it.  We 
don't  want  to  do  that. 

Mr.  PRESIDENT.  I  have  been  thinking  this  over  and  it 
does  not  seem  to  me  necessary  to  vote  on  this  question  again. 
All  that  is  necessary  is  after  the  revision  committee  report  au 
article  back  to  this  convention  as  revised,  is  to  have  it  read  by 
the  clerk,  then  if  it  is  found  to  'be  correctly  revised  it  can  be 
simply  handed  over  to  the  enrollment  committee,  and  have  it 
enrolled.  That  seems  to  n:e  the  simplest  method,  and  if  it  meets 
with  the  approval  of  the  members  we  will  carry  it  out. 

Mr.  BAXTER.  I  move  we  now  adjourn  until  half  past  seven 
this  evening. 

Mr.  JEFFREY.  I  want  to  ask  the  indulgence  of  the  con- 
vention on  a  matter  of  some  importance.  The  chairman  ap- 
pointed as  chairman  of  the  committee  on  schedule  is  absent, 
and  I  don't  know  when  he  will  return,  but  the  committee  has 
prepared  an  article  entitle,d  schedule -and  would  ask  leave  to 
have  it  printed,  if  the  convention  so  desires,  in  order  that  il 
may  come  before  the  convention  and  not  leave  it  until  the  last 
moment. 

Mr.  PRESIDENT.  Is  there  objection  to  the  report  being 
printed?  The  chair  hears  none.  By  unanimous  consent  the  re- 
port of  the  committee  on  schedule  will  be  received  and  printed. 

Mr.  BAXTER.    I  move  we  now  take  a  recess. 

Mr.  ORGAN.    Second  the  motion. 

Mr.  PRESIDENT.  Gentlemen,  you  have  heard  the  motion. 
Are  you  ready  for  the  question?  All  in  favor  of  taking  a  recess 
until  half  past  seven  o'clock  this  evening  will  say  aye;  con- 
trary no.  The  a}res  have  it;  the  motion  to  take  a  recess  pre- 
vails. 

EVENING  SESSION. 


Tuesday,  Sq  t  ^4th. 

Mr.  PRESIDENT.  I  wish  to  say  to  the  gentlemen  of  the 
convention  at  this  time  that  those  files  that  have  been  finally 
read  and  adopted  as  a  part  of  the  constitution  and  referred  to 
the  committee  on  revision,  will  not  be  voted  on  again  until  they 
are  reported  by  that  committee  as  a  part  of  the  whole  insrni- 
ment,  or  constitution.  This  is  my  ruling  as  to  this  matter  untiJ 
otherwise  ordered  by  the  convention.  My  reason  for  this  is  that 


646  CONSTITUTIONAL  CONVENTION. 

it  takes  up  a  large  amount  of  time  to  read  these  through  as 
they  are  reported  back  article  by  article,  and  at  this  late  day 
we  cannot  afford  to  do  it. 

Gentlemen,  at  the  hour  of  taking  recess  we  were  consider- 
ing the  general  file.  A  motion  to  go  into  committee  of  the 
whole  for  consideration  of  the  general  tile,  special  order,  is  now" 
in  order. 

Mr.  JOHNSON.  I  move  we  now  go  into  committee  of  the 
whole  for  consideration  of  the  special  order  of  the  day.. 

Mr.  MORGAN.    Second  the  motion. 

Mr.  PRESIDENT.  Gentlemen,  it  is  moved  that  we  now  go 
into  committee  of  the  whole  for  consideration  of  the  special  or- 
der. All  in  favor  of  the  motion  will  say  aye;  those  opposed  no. 
The  ayes  have  it ;  we  are  now  in  committee  of  the  Avhole.  Will 
Mr.  Burritt  take  the  chair? 

Mr.  CHAIRMAN.  At  the  time  of  taking  a  recess  we  were 
considering  the  substitute  offered  by  Mr.  Hay  for  Sees.  2,  3,  ± 
and  5.  Are  you  ready  for  the  question? 

Mr.  CLARK.    Mr.'  Chairman. 

Mr.  CHAIRMAN.    The  gentleman  from  Uinta,  Mr.  Clark. 

Mr.  CLARK.  I  am  sorry  that  more  members  of  the  con- 
vention are  not  present,  not  because  <I  have  any  speech  prepar- 
ed on  this  matter,  but  because  I  think  it  is  a  matter  that  ought 
to  be  carefully,  fairly  and  fully  considered  in  all  its  bearings; 
because  I  believe  it  is  an  important  matter,  and  I  believe  it  is 
an  important  matter  because  it  effects  so  largely  a  single  in- 
terest of  our  territory,  and  I  believe  it  is  an  important  matter 
further  because  it  departs  so  far  from  the  ordinary  manner  and 
system  of  taxation.  It  is  nothing  more  nor  less  than  a  direct 
tax,  something  I  believe,  except  in  cases  of  necessity,  which 
ought  not,  to  occur  within  this  state,  nor  within  the  United 
States.  I  believe  that  all  taxes,  so  far  as  may  be  or  can  be, 
should  be  adjusted  and  levied  according  to  the  value  of  the 
thing  upon  which  the  tax  is  levied.  In  other  words  I  believe 
all  taxes  should  be  advalorem.  This  is  a  direct  departure  from 
that,  making  a  tax  from  one  to  three  cents  (jl  am  not  sure  as  to 
the  figures,  but  it  is  not  the  figures  I  am  speaking  of  per  tori, 
and  it  makes  this  tax  per  ton  irrespective  of  the  value  of  that 
ton  of  coal.  A  ton  of  coal  that  is  mined  at  a  loss  by  any  corpo- 
ration or  individual  in  this  territory  has  to  add  to  that  loss 
this  tax  per  ton  imposed  upon  it.  I  am  in  favor  of  this  substi- 
tute, or  any  other  substitute  that  will  meet  the  question  as  I 
understand  it,  and  it  might  be  well  for  a  moment  or  two,  to- 
st udy  these  sections  for  which  the  amendment  is  offered  as  a 
substitute,  and  see  whether  or  not  they  are  fair,  equitable  and 
just  in  their  provisions,  and  see  whether  or  not,  if  carried  out, 
they  will  give  an  equitable  and  just  tax  even  to  those  people 
wrho  are  directly  interested.  Now  this  discussion  has  been  car- 
ried on,  so  far  as  I  have  seen,  based  upon  supposed  figures  made 


PROCEEDINGS  AND  DEBATES.  647 

by  the  Union  Pacific  railway  company,  or  based  upon  profits 
made  by  the  Union  Pacific  railway  company.  I  am  here  pre- 
pared to  say  that  the  gentleman  who  gave  the  figures  was  mis- 
informed. I  am  here  prepared  to  say  that  the  price  of  market- 
able coal  at  any  of  the  coal  mines  in  this  territory,  on  the  line 
of  the  Union  Pacific  railroad,  is  today  $1.75  per  ton,  delivered 
upon  the  car,  and  no  more.  Whatever  is  above  that  is  trans- 
portation and  the  commission  or  salary  of  agents  at  the  other 
end  of  the  line.  In  Almy,  Rock  Springs,  and  in  Carbon  today, 
the  price  of  coal  is  $1.75  per  ton  on  board  the  cars,  and  any 
man  can  go  up  there  and  buy  great  or  small  quantities  as  he 
pleases  at  that  price,  and  he  can  get  it  away  from  there  by  pay- 
ing four,  five  or  six  dollars  freight  to  the  Union  Pacific  rail- 
road, or  take  it  on  any  other  road  he  pleases,  if  any  other  rail- 
road runs  there,  but  the  price  there  is  $1.75  on  board  the  cars. 
Whatever  is  above  that  is  the  coat,  of  transportation,  or  the 
profit  that  is  made  by  some  person  outside  of  the  mine  oper- 
ator. We  have  been  told  today  of  profits  on  coal  amounting 
t(o  $3  per  ton,  and  I  want  to  say  right  here  to  the  gentlemen 
of  the  convention,  I  speak  not  of  the  profits  made  by  the 
Union  Pacific  railroad  company,  of  its  profits  I  have  no  knowl- 
edge, that  on  the  line  of  the  Union  Pacific  railroad,  outside  of 
the  mines  of  the  railroad  company,  during  the  last  year  the 
average  profit  per  ton  to  private  companies,  persons  and  cor- 
porations engaged  in  the  produce  of  coal,  was  less  than  twenty- 
five  cents  per  ton,  and  I  will  go  further  than  that  and  say  that 
one  concern  came  out  with  a  loss  of  twelve  thousand  dollars. 
There  is  not,  gentlemen,  the  exhorbitant  profit  upon  coal  that 
the  figures  given  you  would  Feem  to  indicate.  Now  in  regard  to 
the  provisions  of  this  bill  as  it  originally  stood.  Are  they  just? 
Are  they  equitable,  leaving  out  everything  except  this  coal 
matter  and  the  taxation  of  coal  lands?  The  provisions  of  one 
of  the  sections  sought  to  be  amended  is  that  every  section  of 
coal  land,  where  it  is  operated  for  more  than  three  months 
in  the  year,  shall  pay  a  certain  duty  or  tax  on  each  ton  of  coal 
mined.  Will  that  fill  the  bill;  is  that  right?  The  part  of  a  sec- 
tion  of  coal  land  that  is  mined  is  infintesimal  compared  to  the 
whole  section,  that  is  the  part  of  a  section  which  is  mined  by 
an  ordinary  person  or  corporation.  For  every  foot  of  coal  on 
an  acre  of  land  the  yield  can  be  calculated  upon  at  a  thousand 
tons  of  coal  in  round  numbers.  A  five  foot  vein  would  yield 
five  thousand  tons  to  the  acre,  and  an  eight  fool  vein  would 
yield  eight  thousand  tons.  In  the  ordinary  way  om  mining 
forty  thousand  dollars  invested  in  machinery,  I. will  ask  the 
convention  what  portion  of  a  section  would  be  taken  out  each 
year,  and  whether  or  not  a  tax  based  upon  the  present  valua- 
tion of  $20  an  acre,  or  as  proposed  here,  would  create  the  great- 
er revenue?  "For  each  ton  of  coal  mined"  there  shall  be  paid  to 
the  state  not  less  than  one  cent,  and  there  shall  be  paid  to  the 


648  CONSTITUTIONAL  CONVENTION. 

-county  not  less  than  one-half  cent  per  ton.  I  challenge  any 
gentleman  to  point  to  any  provision  in  any  constitution  of  any 
-of  the  states  of  the  union  of  that  nature.  I  believe  it  is  the  first 
time  anything  of  the  kind  has  been  sought  to  be  put  into  a  con- 
stitution. We  today,  as  I  understand  it,  are  paying  taxes  on 
.1111  assessed  valuation  of  thirty  millions,  we  are  all  hoping  that 
the  time  will  soon  come  when  we  shall  be  paying  taxes  on  an 
assessed  valuation  of  three  hundred  million,  and  wre  are  expect- 
ing that  that  valuation  w^ill  be  based  largely  upon  the  coal  ot 
this  territory.  As  was  stated  by  the  gentleman  from  Albany, 
•we  believe  that  the  coal  interests-  of  this  territory  is  the  inter- 
est that  is  going  to  push  this  territory  to  the  front.  Will  the 
time  ever  come  when  this  territory  will  be  run,  when  there  will 
Vbe  required  for  state  purposes,  a  revenue  on  a  basis  of  a  tax  of 
one  cent  on  every  ton  of  coal?  According  to  the  figures  made 
Iby  the  gentleman  today,  the  coal  tax  of  this  territory  at  the 
present  time,  and  at  the  figures  he  gave,  yields  fifty  thousand 
^dollars  per  annum,  as  much,  I  believe,  as  it  takes*  now  to  run 
-the  territory,  or  nearly  as  much.  I  say  when  the  time  comes 
\\vlien  this  coal  valuation  will  increase  we  will  find  ourselves 
•with  a  surplus  every  year  which  we  won't  knowr  how  to  get  rid 
•of,  unless  we  follow  the  example  of  Colorado,  and  let  the  leg- 
islature get  rid  of  it.  I  say  we  don't  want  to  have  anything  in 
our  constitution  that  is  lifvble  to  bring  about  such  a  state  of 
affairs.  A  tax  is  an  exaction  imposed  by  the  sovereign  power 
for  its  support.  It  takes  from  all,  whether  they  are  willing  or 
not,  a  part  of  what  rightfully  belongs  to  us,  why  then  take  more 
ftfkan  is  absolutely  necessary?  Do  you  want  to  have  a  provision 
-"in  our  constitution  that  may  heap  up  more  money  than  we  can 
"honestly  spend  for  a  state  government,  and  if  you  take  the  fig- 
ures as  they  are  now,  as  we  expect  they  will  be  in  ten  years 
from  now,  this  single  tax  on  each  ton  of  coal  going  out  of  the 
territory  will  leave  a  surplus  in  our  treasury.  One  thing  furth- 
<cer,  it  is  sought  by  these  two  sections  not  only  to  change  the 
Haw  which  fixes  taxation,  but  it  is  sought  to  change  the  relative 
ratio  of  taxation  for  county  and  territorial  purposes.  I  am 
ijQot  exactly  informed,  nor  do  I  exactly  remember,  but  I  believe 
under  our  present  tax  laws,  the  tax  for  territorial  purposes 
is  about  one-fifth  or  one-fourth  of  the  entire  taxation.  Under 
this  section,  this  special  article  of  coal  pays  from  two-thirds  to 
•  three-fourths  of  tlie  whole  tax  into  the  territorial  treasury, 
-and  not  into  the  county  treasury.  I  believe  the  sections  are  un- 
just OQ  that  account.  I  believe  the  territory  should  receive  the 
•same  proportion  from  one  thing  as  from  other  things,  and  that 
If  this  measure  is  to  pass,  the  larger  portion  of  the  tax  should 
go  to  the  county,  as  in  all  taxation.  In  other  words,  I  fail  to 
sr<>  any  reason  why  this  i wen ue  bill  should  say  that  one 
branch  of  industry  should  pay  more  into  the  territorial  treas- 
than  other  branches  of  industry,  upon  an  equal  taxation. 


PROCEEDINGS  AND   DEBATES. 


649 


Now  th<-  argument  is  used  that  because  five  thousand  dollars 
has  been  expended  in  protecting  the  life  and  health  of  the  cit- 
izens of  this  territory,  that  the  coal  interest  should  pay  it  into 
the  territorial  treasury.  I  fail  to  see  any  force  in  the  argument. 
A  mine  inspector  and  the  mining  laws  are  a  portion  of  the  ma- 
chinery of  this  commonwealth,  they  are  supported  by  the  tax- 
ation of  the  entire  commonwealth,  the  coal  operator  is  taxed 
to  pay  it,  the  ranchman  is  taxed  to  pay  it,  it  is  equal  taxation 
for  the  support  of  the  government.  It  can't  be  used  as  an  ar- 
gument that  you  single  out  one  branch  of  our  government  and 
say  by  constitutional  enactment  that  one  branch  of  taxable 
property  shall  pay  for  it.  I  am  opposed  to  this  se/ction  as  it 
originally  stands,  because  it  singles  out  one  branch  of  industry. 
I  want  to  tell  you  gentlemen  of  the  convention  not  already  ac- 
quainted with  the  facts  that  the  man  who  puts  his  money  into 
coal  lands  along  the  Union  Pacific  today  puts  it  in  at  his  peril. 
I  want  to  tell  you  gentlemen  that  the  man  who  opetis  up  a 
€oal  mine  along  the  Union  Pacific  puts  his  capital  in  jeopardy, 
and  only  by  the  most  favorable  laws  can  this  man  be  protect- 
ed. According  to  a  measure  placed  upon  its  final  reading  to- 
day, I  ought  not  to  be  allowed  to  vote  upon  this  measure. 
The  measure  that  no  man  who  is  interested  in  any  proposition 
can  vote  for  or  against  it,  and  it  may  be  I  am  biased  in  my 
judgment.  I  may  be  bised  in  my  judgment,  because  for  the 
last  yeai  I  have  been  endeavoring,  in  connection  with  other 
gentlemen,  to  develop  a  private  coal  mining  enterprise  at  Hock 
Springs.  I  say  to  you  gentlemen  it  is  only  by  the  most  favor- 
ajble  enactments  and  the  most  fostering  care  of  this  coal  min- 
ing industry  that  any  private  or  corporate  enterprise  on  a  smal{ 
scale  can  go  into  the  mining  business  in  the  whole  territory. 
You  say  to  me  who  have  put  my  money  into  a  coal  mine,  and 
to  the  three  or  four  other  gentlemen  in  with  me,  you  say  to  me 
you  shall  be  restricted,  you  shall  not  only  meet  this1  immense' 
competition  that  you  have  got  to  meet,  but  you  shall  meet  it 
pressed  down  with  a  tax.  You  can  open  your  soda  lakes,  you 
can  open  your  oil  wells,  you  can  do -anything  you  choose,  and 
we  will  free  you  from  taxation. 

We  have  heard  a  good  deal  of  justice.  Is  this  justice  to 
say  one  thing  to  my  neighbor  and  another  to  myself.  Sec.  5 
says  "that  all  mines  and  mining  claims,  bearing  gold,  silver, 
and  other  precious  metals,  soda,  saline,  oil,  and  other  valuable 
deposits,  may  be  taxed  in  addition  to  the  surface  improvements 
thereof,  on  the  gross  product  as  provided  by  law;  provided  that 
the  lands  upon  which  such  mines  and  mining  claims  are  locat- 
ed shall  be  exempt  from  taxation  for  a  period  of  ten  years  af- 
ter the  adoption  of  this  constitution,  and  thereafter  may  be 
taxed  as  provided  by  law."  Now  in  regard  to  the  coal,  gentle- 
men. All  that  I  ask  you  is  that  you  put  that  upon  the  same 
footing  with  every  other  mineral  product  in  this  territory. 


650  CONSTITUTIONAL  CONVENTION. 

Why  is  it  necessary,  in  the  face  of  the  development  that  we 
want,  in  the  face  of  the  development  that  we  need,  in  the  face 
of  the  development  we  must  have,  if  we  are  going  to  prosper  as 
a  great  state,  why  is  it  necessary  to  single  out  this  infant  in- 
dustry, class  it  by  itself,  and  say  it  shall  be  bound  down  by 
taxation,  while  you  leave  other  industries  to  be  taxed  as  the 
legislature  may  provide,  with  an  express  stipulation  that  tlte 
land  upon  which  they  are  located  shall  not  be  taxed  for  the; 
next  ten  years.  All  we  ask  is  for  the  convention  to  say  that  the 
taxation  upon  the  output  of  mineral  claims  shall  be  the  same 
as  the  tax  upon  the  output  of  coal  mines.  That  is  all.  Is  it 
not  fair,  is  it  not  just,  is  it  noT  right,  that  if  the  tax  levied  on 
coal  and  silver  mines  is  to  be  left  to  the  wisdom  of  the  future 
legislatures,  is  it  not  right  that  coal  mines  should  have  the 
same  protection?  Don't  they  need  it?  For  fifteen  years 
in  this  territory,  a  struggle  has  been  made  time  and  again 
with  private  capital  to  open  up  coal  mines,  wrhat  has  been  the 
result?  Up  to  eighteen  months  ago  there  has  been  practically 
nothing  done,  thousands  of  dollars  had  been  sunk,  and  not 
one  penny  of  profit  returned.  Under  the  provisions  of  the 
inter-state  commerce  law  private  owners  have  been  able  ?<> 
ship  coal.  They  have  been  able  to  dispose  of  a  portion  of  what 
they  might  mine,  at  $1.75  per  ton,  on  the  car  at  the  mine.  Now, 
gentlemen  of  the  convention,  as  to  the  figures  given.  I  have 
not  posted  myself  very  well  on  the  figures  in  this  matter,  but 
I  will  do  the  best  I  can.  I  feel  strongly  in  this  matter,  because 
I  feel  the  injustice  of  the  proposition,  jl  feel  the  injustice  more 
perhaps  because  I  have  personally  invested  and  become  in- 
terested in  this  coal  matter.  What  the  profits  of  the  Union 
Pacific  may  be,  I  know  not,  nor  do  I  care.  If  you  are  satisfied 
to  pass  this  law  upon  the  fact  that  the  Union  Pacific  company 
has  made  large  profits,  for  God's  sake  devise  some  way  so  we 
can  sell  our  produce  in  a  cheaper  and  better  market.  Mark 
Hopkins  &  Co.,  the  Van  Dyke  Coal  Co.  and  the  Kock  Springs 
Coal  Co.  have  a  market  in  Kearney,  Have  a  market  in  Omaha 
and  have  a  market  in  San  Francisco.  The  coal  sold  from  these 
mines  is  sold  on  a  basis  of  $1.75  per.  ton,  whatever  the  difference 
is  between  that  f  1.75  and  the  price  at  which  the  coal  is  sold 
in  Kearney  is  freight  charges  of  the  railroad  company  and  the 
commission  of  the  agent  in  selling  the  coal.  Now  that  is  just 
what  it  is;  it  is  not  any  lower  or  any  higher.  It  may  be  sold  at 
three  dollars  or  five  dollars  or  eight  dollars,  I  knoAv  not,  but  1 
do  knowT  that  the  orders  of  the  customers,  that  the  orders  of 
the  consumers,  are  sent  to  and  filled  at  the  mine  at  $1.75  per 
ton,  with  the  freight  charges  added,  to  be  collected  at  the  oth- 
er end.  That  is  just  what  it  is,  and  that,  is  all  that  it  is,  and  1 
want  to  say  to  you  gentlemen  that  there  is  no  private  individ- 
ual or  small  corporation  that  can  mine  coal  in  this  territory 
for  $1.25  a  ton.  I  don't  believe  there  is  one,  and  until  the  fig- 


PROCEEDINGS  AND  DEBATES.  651 

ures  are  given  to  me  and  verified  by  the  books,  I  will  be  unable 
to  believe  it.  I  know  that  in  the  most  favorably  located  vein 
in  the  town  of  Rock  Springs,  a  vefcn  which  lies  within  five 
hundred  feet  of  the  Union  Pacific  track,  where  a  level  can  be 
run  and  no  hoisting  apparatus  is  used,  and  no  vein  is  used  to 
drain  the  mine,  I  know  from  that  opening  coal  cannot  be  talc- 
en  at  f  1.25  for  marketable  use.  I  know  further  that  in  all  the 
mines  running  today  at  Rock  Springs  every  ton  of  coal  taken 
out  costs  |1.48.  I  know  that  to  be  true  from  an  examination 
of  books  that  were  kindly  given  me.  Now  I  say  to  you  gentle- 
men that  it  behooves  us  to  look  at  this  matter  carefully.  An- 
other thing,  it  has  been  said  that  this  two  or  three  cents  will 
come  off  of  the  consumer.  Well,  possibly  it  may.  But  I  cannot 
see  how  it  will.  Mark  Hopkins  &  Co.,  the  Van  Dyke  Coal  Co. 
and  the  Rock  Springs  Coal  Co.,  which  so  far  as  I  know  are  the 
only  three  companies  shipping  coal  outside  of  the  territory, 
along  the  line  of  this  read,  have  a  market  in  Omaha.  They 
meet  there  not  only  the  competion  of  the  Union  Pacific  but 
they  meet  the  competition  of  the  Colorado  coal,  and  they  meet 
the  competition  of  the  Iowa  coal,  and  the  competition  of  the 
Iowa  coal  is  so  strong  that  the  Union  Pacific  winter  after  win- 
ter have  suppled  its  stores  nearly  as  far  west  as  here  from 
Iowa  coal.  In  Kearney  they  meet  the  same  competition.  In 
San  Francisco  they  meet  the  competition  in  a  small  degree 
from  the  Rocky  Mountain  Coal  andiron  company  of  Evanston, 
of  the  Washington  collieries  and  Australian  coal,  which  is  the 
strongest  they  have  to  meet  NOAV  I  ask  you  what  regulates 
the  price  of  coal  in  these  markets?  Does  competition  not  have 
something  to  do  with  it,  and  when  you  add  to  the  competition 
which  these  private  operators  have  to  meet  with  in  the  Colo- 
rado coal  and  the  Washington  coal,  and  the  Anslralian  coal, 
the  tax  of  two  or  three  cents,  are  you  not  going  down  into  the 
pockets  of  our  citizens?  Now  where  will  this  loss  fall?  There 
are  but  two  persons  upon  which  this  tax  can  fall,  it  must  eith- 
er fall  upon  the  man  who  digs  the  coal  or  it  must  fall  upon  the 
man  who  has  the  coal  mined.  That  is  where  it  must  come,  be- 
ca.use  coal  will  not  be  raised  two  cents  on  the  market  to  meet 
this  tax,  jbut  it  will  either  fall  upon  the  person  or  corporation 
owning  and  operating  a  mine  or  it  will  fall  upon  the  miner  him- 
self. Now  we  know  pretty  well  upon  which  it  will  fall.  If  the 
corporation  has  the  cinch  on  the  miner,  so  that  the  miner  has 
to  agree  and  come  to  the  terms  of  the  corporation,  it  will  fall 
upon  the  miner.  If  the  miner  has  the  cinch  on  the  proprie- 
tor, whether  a,  private  person  or  a  corporation,  so  that  the  mi- 
ner has  got  to  get  his  coal  out,  it  will  fall  on  the  proprietor. 

Now  another  matter.  It  is  said  that  we  cannot  estimate 
the  value  of  a  coal  mine.  We  can  more  nearly  estimate  the 
value  of  a  coal  mine  than  we  can  of  anything  else  that  grows 
or  lies  underneath  the  surface  of  the  earth.  We  cannot  esti- 


652  CONSTITUTIONAL  CONVENTION. 

mate  the  value  of  a  silver  mine,  because  we  cannot  tell  how  the 
veins  may  run,  it  may  end,  os  disappear  for  a  great  length, 
or  become  pocketed.  We  cannot  tell  what  is  in  a  silver  mine, 
but  we  can  come*  within  a  small  fraction  of  what  is  in  a  coal 
mine.  We  strike  a  vein  here,  and  again  within  half  a  mile 
there,  and  we  can  tell  within  a  fraction  how  many  tons  of 
coal  can  be  got  out  of  that  seam,  so  that  the  argument  would 
apply  rather  to  the  silver  mine,  which  is  excepted  from  this 
provision,  than  the  coal  mines  which  are  included  in  it.  But 
I  say  to  you  gentlemen  we  will  find  no  fault  if  you  will  treat 
all  men  alike.  On  what  principle,  in  equit}'  is  it  said  that  the 
operation  of  this  law  shall  not  be  general?  What  is  the  theory 
upon  which  it  is  based  and  where  is  the  justice  of  it?  Why  put 
in  our  very  constitution  itself  a  provision  which  says  that  cer- 
tain things  shall  not  be  put  in  a  legislative  enactment,  name- 
ly, special  legislation.  Why  is  it  that  the  output  of  a  coal  mine 
is  to  taxed  tomorrow,  while  the  output  of  a  silver  mine  shall 
not  be  taxed?  If  the  one  is  to  be  subjected  to  this  tax,  why 
not  the  other  be  subject  to  this  tax?  But  they  say  it  is;  it  is, 
is  it?  Sec.  5  provides  that  all  mines  and  mining  claims,  bear- 
ing silver,  gold  and  other  precious  metals,  may  be  taxed  in  ad- 
dition to  the  surface  improvements  thereof,  on  the  gross  pro- 
duct according  to  law.  Very  well,  gentlemen,  if  you  will  only 
provide  for  the  coal  tax  in  the  same  way  as  the  silver  and  gold 
tax,  we  will  assent  and  assent  gladly.  If  you  will  say  that  the 
tax  on  coal  mines,  and  mines  bearing  gold,  silver  and  other 
precious  metals,  and  soda  lakes  and  oil  wells,  shall  be  taxed 
on  their  output  according  to  law,  we  shall  say  all  right,  and 
we  will  pay  it;  we  will  do  the  best  we  can  to  get  along  under 
this  pressure  of  industries,  if  you  are  going  to  tax  us  all  alike. 
But  we  do  say  that  it  is  an  injustice,  a  gross  injustice,  to  put 
in  the  organic  law  of  this  new  state  a  provision  that  says  that 
the  man  wTho  tries  to  develop  the  resources,  hampered  as  he  is 
by  present  competition,  hampered  as  he  is  by  lack  of  facilities, 
to  market  his  product,  hampered  as  he  is  by  all  these  things, 
wo  say  that  it  is  a  rank  injustice  to  say  to  that  man  that  that 
indusry  which  we  hope  to  make  the  greatest  in  the  new  state, 
shall  be  weighted  down  with  a  special  tax,  shall  be  taken  by 
the  throat,  and  hampered  in  its  operations.  Now  what  I  have 
said  in  regard  to  the  southern  part  of  the  territory,  I  say  is 
true  in  regard  to  the  northern  part,  and  I  believe  that  the  ques- 
tion, at  last,  without  reference  to  the  Union  Pacific,  or  without 
reference  to  any  other  corporations,  comes  right  down  to  the 
general  question,  is  it  right?  I  have  heard  men  in  this  conven- 
tion stand  up  and  plead  for  representation  in  the  If-uislature 
of  this  new  state,  I  don't  ask  for  fairness  in  regard  to  this 
question,  I  simply  ask  for  justice,  and  if  any  man  in  this  con- 
vention can  rise  to  his  feet  when  called  on  to  vote  upon  this 
proposition  and  say  that  it  is  just  to  tax  me  because  I  own  a 


PROCEEDINGS  AND  DEBATES.  653 

coal  mine,  and  at  the  same  time  say  it  is  just  to  allow  my 
neighbor  to  go  scott  free  because  he  owns  a  silver  mine,  I  ;<m 
satisfied  with  his  vote,  it  is  his  understanding  that  is  at  fault, 
and  he  is  not  to  blame  for  it.  But  I  say  to  you,  gentlemen  of 
the  convention,  that  I  believe  that  justice  requires  that  men 
shall  have  a  fair  show  in  this  territory.  The  lirst  ton  of  coal 
that  comes  out  of  a  mine  costs  the  proprietor  thirty  thousand 
dollars,  think  of  this  a  little,  gentlemen,  and  when  the  last  ton 
of  coal  comes  out  of  that  one  hundred  and  sixty  acres  he  not 
only  has  exhausted  his  land  for  which  he  has  perhaps  paid  a 
high  price,  he  has  not  only  exhausted  his  mine,  but  he  has  ex- 
hausted his  capital  in  the  business.  Think  of  that.  It  is  niot 
all  fun  mining  coal,  not  simply  bringing  the  coal  to  the  top, 
and  sending  it  off  and  getting  three  or  four  dollars  profit,  and 
as  I  said  to  you  gentlemen  before,  the  actual  profit,  the  aver- 
age profit,  is  less  than  twenty-five  cents  a  ton,  even  along  the 
southern  line  of  this  road. 

Now,  gentlejmen,  I  have  said  a  good  deal  more  than  il  in- 
tended to  say  on  this  subject,  and  I  ask  you  to  consider  the 
reasons  that  I  have,  in  a  feeble  w^ay,  attempted  to  advance  why 
this  substitute,  of  something  in  the  nature  of  this  substitute, 
should  be  adopted.  I  believe  the  substitute  is  good,  but  if  it  is 
not  adopted  then  something  ought  to  be  inserted  here  instead 
of  this  special  tax  on  coal,  on  coal  lands,  and  no  tax  on  gold 
or  silver  or  other  mines.  I  want  you  to  consider  further  that 
this  section  must  be  amended  if  this  substitute  is  not  passed, 
for  I  think  every  member  of  the  convention  can  see  the  folly 
of  atenipting  to  say  that  the  coal  in  this  territory,  where  we 
have  so  many  thousands  of  acres  of  coal  lands  waiting  devel- 
opment, that  every  ton  of  coal  shall  pay  a  tax  of  three  cents 
per  ton.  , 

Mr.  CHAIRMAN.  Any  further  remarks  on  the  substitute 
by  Mr.  Hay? 

Mr.  TESCHEMACHER.    Mr.  Chairman. 

Mr.  CHAIRMAN.  The  gentleman  from  Laramie,  Mr. 
Teschemacher. 

Mr.  TESCHEMACHER,  I  would  like  to  bring  one  other 
argument  in  favor  of  this  amendment,  in  addition  to  the  argu- 
ment made  by  Mr.  Clark  of  Uinta.  Supposing  in  the  new  state 
of  Dakota,  where  wheat  is  king,  and  wheat  is  king  even  more 
than  coal  has  been  proven  to  be  king  in  this  territory,  suppos- 
ing that  in  that  state  the  same  argument  had  been  advanced, 
as  the  argument  by  Judge  Brown,  that  because  wheat  was  the 
largest  product,  the  greatest  product  of  the  state,  and  because 
the  people  of  the  state  of  Dakota  could  not  begin  to  eat  up 
the  flour  the  amount  of  wheat  produces,  or  turn  it  into  Hour 
and  then  send  it  out,  supposing  the  argument  was  advanced, 
that  consequently  there  should  be  a  tax  levied  on  each  bushel 
of  wheat  that  was  produced  in  the  state  of  South  Dakota  in 


CONSTITUTIONAL  CONVENTION. 

each  year,  what  do  YOU  suppose  the  Fanners'  Alliance,  which 
held  the  majority  of  power  in  the  constitutional  convention 
of  that  state  would  say  to  any  such  proposition?  They  would 
have  said  exactly  what  Mr.  Clark  has  said.  They  would  have 
said  we  have  to  compete  with  the  other  states  of  the  union, 
which  are  wheat  producing  states.  Now,  if  you  tax  our  wheat, 
and  the  tax  is  going  to  be  paid  by  the  consumer,  we  are  going 
to  make  the  other  state  pay  for  that,  what  w^ould  be  said  to 
that  as  an  argument?  There  is  the  same  situation  with  this 
wheat  in  Dakota  as  with  our  coal  in  Wyoming.  The  tax  on 
each  bushel  of  wheat  would  have  raised  an  enormous  revenue 
for  the  state  of  South  Dakota,  and  the  tax  on  each  ton  of  coal 
in  Wyoming  will  raise  an  enormous  revenue  for  the  state  ot 
Wyoming.  Where  is  the  argument?  Wyoming  has  to  com- 
pete with  other  states,  she  is  not  the  only  coal  producing  state, 
we  have  unfortunately  to  come  into  competition  with  the  state 
of  Colorado,  and  into  competition  with  the  state  of  Iowa,  two 
large  coal  producing  sates.  We  also  come  into  competition 
with  Missouri,  although  I  am  not  sure  that  Missouri  is  a,  coal 
producing  state.  Now  in  the  southern  states,  where  cotton  is 
king,  suppose  they  say  let  us  oblige  the  other  states  in  the 
union,  which  are  obliged  to  buy  our  cotton  to  put  into  market- 
able goods,  let  us  make  the  other  states  support  the  state  gov- 
ernment of  Georgia,  of  South  Carolina  or  Texas.  How  do  you 
suppose  that  would  have  been  received?  Why  should  we  take 
the  one  product  on  which  we  base  the  future  development  of 
the  state  of  Wyoming,  why  should  we  take  that  one  product 
and  say  let  us  put  a  tax  on  development?  That  is  what  it  says 
right  here,  on  development.  At  present  the  Union  Paciiic 
railroad  company  owns  a  majority  of  the  coal  mines  of  the 
territory,  but  our  territorial  geologist  ha;s  shown  us  in  his  an- 
nual report  that  this  whole  territory,  or  the  greater  portion  or 
it,  is  a  coal  territory.  They  are  not  able  to  measure  th,'e 
boundless  amount  of  coal  from  Crook  county,  that  the  whole 
of  Johnson  county  is  a  coal  stratum,  that  the  county  of  Con- 
verse along  the  whole  line  of  the  Wyoming  Central  is  a  coal 
producing  region.  What  would  be  said  of  a  line  of  argument; 
which  says  that  whenever  you  have  any  product  that  is 
your  staple  product,  for  that  product  the  rest  of  the  citizens 
of  the  United  States  shall  pay  a  tribute.  The  consumer  pays 
the  tax,  this  is  good  Democratic  doctrine,  but  mighty  poor  Ke- 
publican  doctrine,  and  I  am  much  surprised  to  hear  it  from  a 
man  whose  Republicanism  has  never  been  doubted.  Mine  lias. 
If,  however,  the  consumer  does  pay  all  this  tax,  that  is  what 
it  amounts  to.  We  simply  say  we  have  a  staple  article,  we 
know  that  we  have  a  great  deal  of  coal,  therefore  let  m  say  u> 
the  rest  of  the  states  come  up  and  pay  our  expenses  and  we 
will  show  you  how  a  state  should  be  run.  The  geologist 
informs  me  that  within  the  next  three  or  four  vears  our  out- 


PROCEEDINGS  AND   DEBATES.  655 

put  will  be  ten  million  tons  per  annum.  Ten  million  tons  per 
annum  at  one  cent  per  ton  is  one  hundred  thousand  doll->rs. 
We  will  have  one  hundred  thousand  dollars  per  annum  to  show 
the  rest  of  the  states  how  to  run  a  state.  We  will  build  a  htate 
house  in  Buffalo  like  the  one  in  Albany,  New  York,  I  don't 
know  how  much  it  cost  but  it  cost  a  great  deal  of  money.  Tin  Ti- 
ls right  here,  without  going  into  any  further  particulars  or 
statements,  sufficient  to  completely  overthrow  the  arguments 
for  this  special  tax  on  coal. 

Mr.  POTTEE.  When  this  question  was  broached  and  1 
•knew  we  had  to  consider  it,  and  I  knew  that  J  had  to  vote 
upon  it  one  way  or  the  other  some  time  before  this  convention 
adjourned,  I  approached  it  with  fear  and  trembling.  I  did  not 
know  where  I  was  goinyg  to  land.  It  seemed  a  very  difficult 
thing  to  me,  one  that.  I  Avanted  to  be  perfectly  fair  and  right 
about.  I  had  not  any  interest  and  have  none  financially  or 
otherwise,  either  for  myself  or  anybody  else,  except  to  vote  on 
this  matter  in  a  way  that  is  just  and  right.  I  may  be  mistaken 
but  I  believe  I  have  made  up  my  mind.  I  am  not  in  favor  of 
the  original  proposition  in  the  bill,  and  I  am  not  in  favor  of 
the  substitute  as  presented.1  I  donft  want  to  exempt  all  these 
coal  mines  from  taxation,  and  that  is  the  reason  I  am  not  in 
favor  of  it,  and  I  do  want  to  give  the  legislature,  if  in  the  future 
it  is  deemed  wise,  to  tax  the  output  of  mines.  I  want  them  to 
have  the  power  to  tax  them.  My  first  thought  was  that  if 
this  was  a  proper  measurei  even,  it  was  not  a  measure  for  a 
constitution,  and  I  based  my  idea  upon  that  in  this  \vay.  That 
it  could  not  be  repealed  if  found  to  be  unwise,  if  we  found  the 
maximum  was  too  low  it  could  be  raised.  If  we  found  the 
minimum  too  high  it  could  not  be  decreased.  We  restrict  the 
legislature,  so  that  even  if  the  measure  Avas  a  wise  one,  we  are 
restricting  the  legislature  and  attejmpting  to  look  into  the  fu- 
ture ourselves  and  dictate  to  future  legislatures  and  to  those 
that  may  come  after  us,  what  will  be  wise  years  hence.  For 
that  reason  it  seemed  to  me  not  a  proper  thing  to  be  embraced 
in  the  constitution  as  a  fundamental  law.  |I  don't  think  that 
upon  a  question  about  which  we  must  all  be  doubtful,  there 
should  be  placed  in  this  constitution  any  such  restriction,  but 
I  think  Ave  ought  to  leave  it  to  he  legislatures  who  come  after 
this  conArention  to  deal  with  such  matters  from  time  to  time  as 
the  development  of  the  country,  as  the  eATil  or  good  which  may 
arise  from  their  legislation  may  dictate,  IIOAV  these  matters 
should  be  dealt  with.  Again,  I  don't  think,  when  I  come/1  to 
think  about  it  in  general,  that  a  tonnage  tax  is  proper.  1 
think  we  want  a  tax  as  to  Aralue,  and  let  me  say  right  here  that, 
in  considering  this  matter,  and  in  making  up  my  mind  and  in 
giA7ing  my  vote,  I  ATote  upon  this  question  without  reference 
to  what  may  exist  today,  or  without  reference  to  what  may  ex- 
ist hereafter.  I  am  not  here  to  prosecute  the  Union  Pacific, 


656  CONSTITUTIONAL  CONVENTION 

and  I  am  not  here  to  defend  it,  nor  to  legislate  for  or  against 
it,  I  put  that  entirely  out  of  the  question,  whether  they  have 
paid  too  much  taxes  in  the  past  or  whether  they  have- 
not  paid  enough,  it  makes  no  difference  to  me  and  would  not 
influence  me  in  my  vote  one  way  or  the  other.  It  makes  na 
difference  to  me  whether  a  ton  of  coal  has  ever  be£n  mined 
here  in  this  territory  or  ever  will  be  mined  here.  I  am  going  to- 
vote  upon  this  question  upon  this  theory,  and  I  won't  consider 
it  in  the  light  of  the  Union  Pacific,  or  any  other  miner  of  coal. 
Let  us  look  at  it  upon  principle,  and  not  let  the  profits  of  the 
Union  Pacific,  or  the  profits  of  any  other  company  influence 
us.  Let  us  look  at  it  as  to  what  is  right,  and  that  only  will  in- 
fluence me.  il  want  to  do  what  is  right  and  just,  and  will  be; 
for  the  best  interests  of  all,  ai\d  will  lead  to  the  best  results  in 
the  future,  and  I  am  going  to  assume  that  a  ton  of  coal  has 
never  been  mined  in  this  territory,  so  that  niy  position  may 
be  understood  in  this  matter.  Now  then  I  believe  you  can  value 
everything.  I  believe  you  can  value  a  silver  mine  today.  I  be- 
lieve you  can  value  a  coal  mine  or  a  gold  mine  today,  just  as- 
much  as  you  can  value  a  hundred  and  sixty  aqres  of  larjci.. 
What  makes  the  value  of  a  hundred  and  sixty  acres  of  land  out 
on  these  hills  ?  Purely  what  it  will  bring  in  the  market.  What 
makes  it  bring  anything  in  the  market?  Simply  on  account 
of  its  grazing  capacity,  the  amount  of  hay  or  wheat,  or  what- 
ever it  may  be  that  can  be  grown  upon  it,  on  account  of  the 
product  of  the  land,  and  after  that  the  demand  there  may  be 
for  it  in  the  market.  The  product  of  the  land  makes  the 
value,  and  the  farmer  pays  for  that  one  hundred  and  sixty 
acres  what  he  believes  it  to  be  worth,  and  it  is  w^orth  to  him 
what  it  will  be  worth  to  farm  that  land.  In  a  word  you  have 
to  know  the  value  of  the  product  in  order  to  know  the  value 
of  the  land.  NOAV  you  have  to  do  that  very  thing  with  coal 
mines,  you  will  have  to  find  out  the  value  of  the  coal  in  ordeir 
to  value  the  mine.  You  can  find  the  value  of  the  mine  by  find- 
ing out  how  many  tons  have  been  gotten  out,  the  gross  pro- 
duct of  that  mine.  That  mine  may  be  worth  so  much  this  year 
or  so  much  next  year,  but  I  believe  you  can  find  its  value  and 
you  can  assess  it  upon  its  value,  and  if  you  don't  assess  it  upon 
its  value  it  is  not  the  fault  of  the  owner,  but  the  fault  of  the 
state,  the  officials  who  represent  he  state.  But  you  can  find  its 
value  and  tax  it  acording  to  its  value.  I  don't  know  whether 
heretofore  the  mines  have  been  taxed  according  to  their  value 
or  not,  that  makes  no  difference  to  me  in  forming  my  judgment. 
I  know  that  you  can  assess  it  according  to  its  value  just  as 
you  can  assess  a  hundred  and  sixty  acres  of  land  according  to 
its  value. 

Supposing  they  do  take  this  product  from  the  soil,  and  take 
it  out  of  the  state,  as  it  is  said  they  have  done  in  Colorado,  and 
depleted  the  wealth  of  the  state?  It  is  their  property  and 


PROCEEDINGS  AtfD  DEBATES.  657 

they  have  got  a  right  to  do  as  they  please  with  it.    Now  some- 
thing ha_s  been  said  in  regard  to  their  ability  to  pay  this  tax. 
That  makes  no  difference;  that  is  not  the  principle  upon  which 
vou  tax  a  coal  mine,  or  any  other  property.    Now  it  don't  make 
any  difference  because  a  person  who  owns  a  coal  mine  is  able 
to  pay  the  tax  or  not.    If  that  was  the  case  you  would  not  tax 
a  great  many  people  that  you  do  tax.    There  are  a  great  many 
people  who  pay  their  taxes  who  find  it  a  great  burden  and  a 
great    hardship    to    do    so.    You    don't    ask    whether    they 
are  able  to  pay  or  not,  that  is  not  the  principle  upon  which  you 
tax  citizens  at  all.    It  makes  no  difference  about  their  ability 
to  pay,  that  is  not  the  question.  Now  then  inasmuch  as  you  can 
get  at  the  value  of  these  mines,  andjl  think  upon  principle  that 
that  is  the  proper  way  to  tax  them,  I  think  we  ought  to  leave 
this  matter  to  the  legislature,  and  that  is  the  ground  upon 
which!  ill  shall  vote  upon  this  measure  if  I  vote  against  it.     I 
don't  believe  I  am  sufficiently  informed,  as  sufficiently  informed 
as  some  member  consider  themselves  to  be,  to  vote  for  the 
future,     although     personally     I     believe     that     on     their 
conscience    they    thoroughly    believe    that     they    are    fully 
and     sufficiently     informed,      and     I     give     them      credit 
but    I  insist   upon   it   that  I   am    not   sufficiently   informed 
and  I  don't  think  I  can  be  made  so  during  the  session  of  this 
convention,  and  so  I  would  very  much  prefer  to  Jeave  this  mat- 
ter to  the  legislature,  and  inasmuch  as  the  substitute  comes 
nearer  to  doing  that  than  the  original  bill  as  it  noiv  stands, 
I  should  prefer  the  substitute,  or  something  of  the  kind.    1  am 
willing  to  give  the  legislature  the  power,  if  they  deem  it  wise, 
to  tax  these  mines,  all  mines  alike,  upon  the  gross  product, 
and  until  the  legislature  does  so  act,  then  let  them  be  tax<ki 
according  to  their  value.    The  reason  why  I  would  leave  this 
to  the  legislature  is  that  if  at  one  session  it  is  thought  advis- 
able, and  they  can  enact  a  law  that  these  mines  shall  be  taxed 
upon  their  gross  product,  and  within  a  short  time  it  is  shown 
to  be  unnecessary,  or  has  not  worked  well,  they  may  repeal 
that  law  at  the  next  session,  but  they  could  not  repeal  a  con- 
stitutional provision. 

Mr.  KINER.  I  simply  want  to  ask  Judge  Brown,  and  I  will 
take  his  own  figures,  one  or  two  questions.  This  matter  has 
been  pretty  thoroughly  discussed,  and  I  think  the  members 
generally  understand  it.  Judge  Brown  gives  two  million  tons 
as  the  total  output  last  year.  Now  taking  the  maximum  as 
proposed  by  this  bill,  one  and  one-half  cents  for  territoral  pur- 
poses, and  one  cent  for  county  purposes,  it  makes  a  total  tax 
upon  two  million  tons  of  fifty  thousand  dollars.  Supposing 
the  home  consumption  amounts  to  one-half  million  tons,  then 
we  have  for  sale,  or  left  to  market  elsewhere,  a  million  and  a 
half  tons.  The  tax  on  that  as  proposed  by  this  bill  will  be 
thirty-seven  thousand  five  hundred  dollars.  Now  I  want  to  ask 
—  42 


658  CONSTITUTIONAL  CONVENTION. 

YOU  when  this  million  and  a  half  tons  is  sent  toi  market,  pay- 
ing a  tax  of  thirty-seven  thousand  five  hundred  dollars  whether 
or  not  it  can  compete,  putting  aside  transportation,  be- 
cause it  would  not  figure  in  the  matter  at  all,  for  we  have  pro- 
vided, and  the  inter-state  commerce  bill  has  provided,  that  all 
shall  be  treated  alike  in  this  matter  of  transportation.  Now 
I  want  to  ask  you  if  the  million  and  a  half  tons  of  coal  paying 
a  tax  of  thirty-seven  thousand  five  hundred  dollars,  can  com- 
pete in  the  market  with  the  million  and  a  half  tons  from  Colo- 
rado, the  transportation  being  the  same,  that  does  not  pay 
thirty-seven  thousand  five  hundred  dollars  tax,  and  if  they  can- 
not where  does  the  loss  come,  upon  the  consumer  or  the  oper- 
ator? This  question  I  would  like  to  have  answered  by  the  gen- 
tleman from  Albany,  Judge  Brown. 

Mr.  COFFEEN.  I  presume  Judge  Brown  will  be  able  to 
answer  that  when  he  comefe  to  speak  upon  it.  I  have  been 
pleased  with  the  manner  of  this  debate,  and  I  have  been  de- 
lighted with  the  eloquent  address  of  the  gentleman  from  Uinta, 
in  which  he  investigated  the  bearings  of  this  question,  but  still 
(vl  must  differ  with  him,  and  I  will  give  some  reasons  for  differ- 
ing. In  the  first  place,  in  the  production  of  coal,  and  coal  is 
in  transportation  daily  almost,  as  fast  as  it  is  mined,  the  only 
way  is  to  tax  it  as  it  goes,  otherwise  you  may  lose  tlfe  tax  on 
three  million  tons  a  year.  That  in  itself  is  sufficient  to  con- 
vince me  that  it  must  be  carefully  looked  after,  as  one  of  the 
great  valuable  productions  of  the  country,  to  the  end  that  it 
will  bear  its  just  proportion  of  the  state  and  county  tax.  That 
in  itself  is  sufficient.  But  I  want  to  take  up  another  point.  It 
has  been  shown  and  been  recognized  by  those  who  have  a  sec- 
tion of  coal  land,  with  coal  formation  on  it,  or  a  stratum  of 
coal  on  it,  before  that  is  mined  that  it  is  difficult  to  tax  it  ac- 
cording to  its  value,  to  the  value  of  the  coal  in  it  undeveloped, 
and  the  practical  working  here  of  .taxing  the  land,  these  coal 
lands,  instead  of  paying  taxes  on  a  basis  of  a  valuation  of 
twenty  dollars  an  acre,  we  a,re  told  \y  those  best  informed 
that  they  pay  taxes  on  a  basis  of  something  less  than  one  dol- 
lar an  acre,  or  about  as  low  as  that,  so  I  say  to  you  gentlemen 
these  coal  lands  are  not  paying  their  just  share  of  the  taxes 
o"f  this  territory,  as  the  farm  lands  and  other  lands  of  this  ter- 
ritory are.  These  are  considerations  enough  to  persuade  my 
mind.  Then  one  Thing  further.  The  farmer  in  the  production 
of  his  farm  products,  the  stock  grower  in  the  productions  of 
his  range,  his  ranch,  he  must  pay  his  tax  on  that  product. 
The  gentlemen  who  in  this  territory  are  shipping  their  steers 
off  to  market  are  paying  taxes  once,  twice,  three  times,  on  their 
production  during  the  three  years  it  is  maturing,  and  that  too 
in  the  face  of  a  great  depression  in  the  market.  I  do  not  care 
to  argue  the  principle  of  the  thing,  but  simply  to  show  you  the 
situation,  and  to  show  you  where  justice  and  fairness  come 


PROCEEDINGS  AND  DEBATES.  659 

in,  the  farmer  and  the  ranchman  pays  his  taxes  on  his  pro- 
duct, which  is  just  as  much  a  home  industrial  product  as  coal, 
being  produced  on  the  range  and  farms,  and  shipped  after  ma- 
turity, the  only  difference  is  that  he  cannot  bring  it  to  matu- 
rity in  a  day  and  ship  it  down  and  out  and  escape  all  taxation. 
He  has  not  the  advantage  that  the  shipper  of  coal  may  have 
One  other  point.  Take  the  profit  of  coal,  as  stated  here,  $1.75 
per  ton,  take  this  tax  of  one  and  a  half  or  two  cents  on  the 
profits  alone  and  it  will  amount  to  three  cents  per  ton. 
.and  I  wish  to  say  here  that  I  do  not  believe  the  transportation 
companies  are  taking  all  the  profit  as*  has  been  argued  here. 
2sow  I  have  a  statement  to  make,  and  you  will  listen  to  me, 
and  if  any  one  disbelieves  it,  I  will  produce  the  figures.  More 
than  one-half  the  coal,  according  to  the  latest  United  States 
statistics,  more  than  one-half  the  coal  produced  in  the  United 
States  pays  a  tax  of  three  cents  per  ton;  more  than  one-half 
of  the  entire  product  of  the  country  today  pays  a  tax  of  three 
cents  per  ton,  and  I  should  like  to  know  why  this  article  of 
coal  should  not  pay  one  or  one  and  a  half  cents  in  this  terri- 
tory, when  more  than  half  of  the  coal  in  the  country  already 
pays  three  cents  per  ton. 

Mr.  CLARK.  I  would  like  to  ask  you  wrhy  you  discrimi- 
nate against  coal  mines?  Do  you  not  think  it  unfair  that 
only  these  coal  mines  should  pay  taxes? 

Mr.  COFFEEN.  I  thank  the  gentleman  for  asking  me  the 
question,  and  I  would  say  to  him  that  there  should  be  no  dis- 
crimination. I  apprehend  the  reasons  why  coal  mines  are 
specifically  mentioned  is  because  that  industry  is  already  de- 
veloped, and  we  can  begin  by  applying  it  to  them  first,  and  the 
other  mines  are  so  little  developed  that  it  is  difficult  to  get 
hold  of  any  figures  upon  which  to  estimate  the  possibilities 
and  capabilities  of  these  mines..  But  the  gentleman  is  right 
as  to  the  principle,  and  £  am  glad  to  say  that.  I  agree  with 
him.  But  I  see  no  reason  why  these  coal  mines  should  be  ex- 
empted from  taxation  when  more  than  one-half  of  the  coal 
already  pays  three  cents.  In  Pennsylvania  the  coal  produced 
is  64,000,000  tons,  the  total  coal  production  of  the  United 
States  is  120,000,000  tons,  and  this  pays  a  greater  tax  than 
we  propose  to  levy. 

Mr.  HAY.  I  just  want  to  say  a  word  in  regard  to  what  the 
gentlemen  has  said  who  has  just  taken  his  seat.  This  prop- 
osition which  I  introduced  does  not  exempt  coal  mines  from 
taxation,  it  simply  says  the  mines  shall  be  exempt  for  a  term 
of  years,  except  the  net  profits  therefrom.  Now  I  want  to 
say  a  word  in  regard  to  the  conditions  in  Pennsylvania.  1 
want  to  ask  if  there  is  no  difference  between  the  conditions 
in  Pennsylvania,  the  development  and  condition  of  the  enor- 
inouB  coal  interests  in  that  state,  and  those  in  Wyoming?  It 
is  absurd  to  compare  the  two.  And  I  am  forced  to  doubt  to 


658  CONSTITUTIONAL  CONVENTION. 

you  when  this  million  and  a  half  tons  is  sent  to*  market,  pay- 
ing a  tax  of  thirty-seven  thousand  five  hundred  dollars  whether 
or  not  it  can  compete,  putting  aside  transportation,  be- 
cause it  would  not  figure  in  the  matter  at  all,  for  wre  have  pro- 
vided, and  the  inter-state  commerce  bill  has  provided,  that  all 
shall  be  treated  alike  in  this  matter  of  Transportation.  Now 
I  want  to  ask  you  if  the  million  and  a  half  tons  of  coal  paying 
a  tax  of  thirty-seven  thousand  five  hundred  dollars,  can  com- 
pete in  the  market  with  the  million  and  a  half  tons  from  Colo- 
rado, the  transportation  being  the  same,  that  does  not  pay 
thirty-seven  thousand  five  hundred  dollars  tax,  and  if  they  can- 
not where  does  the  loss  come,  upon  the  consumer  or  the  oper- 
ator? This  question  I  wrould  like  to  have  answered  by  the  gen- 
tleman from  Albany,  Judge  Brown. 

Mr.  COFFEEN.  I  presume  Judge  Brown  will  be  able  to 
answer  that  when  he  comefe  to  speak  upon  it.  I  have  been 
pleased  with  the  manner  of  this  debate,  and  I  have  been  de- 
lighted with  the  eloquent  address  of  the  gentleman  from  Uinta, 
in  which  he  investigated  the  bearings  of  this  question,  but  still 
>I  must  differ  with  him,  and  I  will  give  some  reasons  for  differ- 
ing. In  the  first  place,  in  the  production  of  coal,  and  coal  is 
in  transportation  daily  almost,  as  fast  as  it  is  mined,  the  only 
wray  is  to  tax  it  as  it  goes,  otherwise  you  may  lose  ttte  tax  on 
three  million  tons  a  year.  That  in  itself  is  sufficient  to  con- 
vince me  that  it  must  be  carefully  looked  after,  as  one  of  the 
great  valuable  productions  of  the  country,  to  the  end  that  it 
will  bear  its  just  proportion  of  the  state  and  county  tax.  That 
in  itself  is  sufficient.  But  I  want  to  take  up  another  point.  It 
has  been  shown  and  been  recognized  by  those  who  have  a  sec- 
tion of  coal  land,  with  coal  formation  on  it,  or  a  stratum  of 
coal  on  it,  before  that  is  mined  that  it  is  difficult  to  tax  it  ac- 
cording to  its  value,  to  the  value  of  the  coal  in  it  undeveloped, 
and  the  practical  working  here  of  .taxing  the  land,  these  coal 
lands,  instead  of  paying  taxes  on  a  Jbasis  of  a  valuation  of 
twenty  dollars  an  acre,  we  are  told  \v  those  best  informed 
that  they  pay  taxes  on  a  basis  of  something  less  than  one  dol- 
lar an  acre,  or  about  as  low  as  that,  so  I  say  to  you  gentlemen 
these  coal  lands  are  not  paying  their  just  share  of  the  taxes 
o'f  this  territory,  as  the  farm  lands  and  other  lands  of  this  ter- 
ritory are.  These  are  considerations  enough  to  persuade  my 
mind.  Then  one  thing  further.  The  farmer  in  the  production 
of  his  farm  products,  the  stock  grower  in  the  productions  of 
his  range,  his  ranch,  he  must  pay  his  tax  on  that  product. 
The  gentlemen  who  in  this  territory  are  shipping  their  steers 
off  to  market  are  paying  taxes  once,  twice,  three  times,  on  their 
production  during  the  three  years  it  is  maturing,  and  that  too 
in  the  face  of  a  great  depression  in  the  market.  I  do  not  care 
to  argue  the  principle  of  the  thing,  but  simply  to  show  you  the 
situation,  and  to  show  you  where  justice  and  fairness  come 


PROCEEDINGS  AND   DEBATES.  659 

i 

in,  the  farmer  and  the  ranchman  pays  his  taxes  on  his  pro- 
duct, which  is  just  as  much  a  home  industrial  product  as  coal, 
being  produced  on  the  range  and  farms,  and  shipped  after  ma- 
turity, the  only  difference  is  that  he  cannot  bring  it  to  matu- 
rity in  a  day  and  ship  it  down  and  out  and  escape  all  taxation. 
He  has  not  the  advantage  that  the  shipper  of  coal  may  have 
One  other  point.  Take  the  profit  of  coal,  as  stated  here,  $1.75 
per  ton,  take  this  tax  of  one  and  a  half  or  two  cents  on  the 
profits  alone  and  it  will  amount  to  three  cents  per  ton. 
.and  I  wish  to  say  here  that  I  do  not  believe  the  transportation 
companies  are  taking  all  the  profit  asi  has  been  argued  here. 
'!Now  I  have  a  statement  to  make,  and  you  will  listen  to  me, 
and  if  any  one  disbelieves  it,  I  will  produce  the  figures.  More 
than  one-half  the  coal,  according  to  the  latest  United  States 
statistics,  more  than  one-half  the  coal  produced  in  the  United 
States  pays  a  tax  of  three  cents  per  ton;  more  than  one-half 
of  the  entire  product  of  the  country  today  pays  a  tax  of  three 
cents  per  ton,  and  I  should  like  to  know  why  this  article  of 
coal  should  not  pay  one  or  one  and  a  half  cents  in  this  terri- 
tory, when  more  than  half  of  the  coal  in  the  country  already 
pays  three  cents  per  ton. 

Mr.  CLARK.  I  would  like  to  ask  you  why  you  discrimi- 
nate against  coal  mines?  Do  you  not  think  it  unfair  that 
only  these  coal  mines  should  pay  taxes? 

Mr.  COFFEEN.  I  thank  the  gentleman  for  asking  me  the 
question,  and  I  would  say  to  him  that  there  should  be  no  dis- 
crimination. I  apprehend  the  reasons  why  coal  mines  are 
specifically  mentioned  is  because  that  industry  is  already  de- 
veloped, and  we  can  begin  by  applying  it  to  them  first,  and  the 
other  mines  are  so  little  developed  that  it  is  difficult  to  get 
hold  of  any  figures  upon  which  to  estimate  the  possibilities 
and  capabilities  of  these  mines..  But  the  gentleman  is  right 
as  to  the  principle,  and  jj  am  glad  to  say  that  I  agree  with 
him.  But  I  see  no  reason  why  these  coal  mines  should  be  ex- 
empted from  taxation  when  more  than  one-half  of  the  coal 
already  pays  three  cents.  In  Pennsylvania  the  coal  produced 
is  04,000,000  tons,  the  total  coal  production  of  the  United 
States  is  120,000,000  tons,  and  this  pays  a  greater  tax  than 
we  propose  to  levy. 

Mr.  HAY.  I  just  want  to  say  a  word  in  regard  to  what  the 
gentlemen  has  said  who  has  just  taken  his  seat.  This  prop- 
osition which  I  introduced  does  not  exempt  coal  mines  from 
taxation,  it  simply  says  the  mines  shall  be  exempt  for  a  term 
of  years,  except  the  net  profits  therefrom.  Xow  I  want  to 
say  a  word  in  regard  to  the  conditions  in  Pennsylvania.  1 
want  to  ask  if  there  is  no  difference  between  the  conditions 
in  Pennsylvania,  the  development  and  condition  of  the  enor- 
mous coal  interests  in  that  state,  and  those  in  Wyoming?  It 
is  absurd  to  compare  the  two.  And  I  am  forced  to  doubt  to 


56o  CONSTITUTIONAL  CONVENTION. 

some  extent  the  accuracy  of  his  statement  that  61,000,000  fs 
more  than  half  the  entire  coal  product  of  the  United  States. 
1  don't  believe  it  is  one-quarter  of  the  entire  amount  of  coal 
produced  in  the  United  States,  I  think  that  is  a  mistake,  but 
the  main  point  I  want  to  make  is  that  it  does  not  exempt  coal 
mines  from  taxation. 

Mr.  COFFEEN.  Just  in  answer  to  that.  I  have  here  be- 
fore me  the  last  statistics  on  this  subject,  the  most  reliable 
data  to  be  obtained,  and  I  will  read  you  the  exact  figures. 
Pennsylvania,  64,000,000  tons  produced'  in  1887,  then  follows 
a  list  of  the  amount  produced  in  all  the  statep,  which  I  will 
not  read,  ending  with  Wyoming  at  the  end  of  the  list,  1.000,000 
tons  produced  in  1887,  and  the  grand  total  is  120,000,000  tons,, 
and  now  whether  64,000,000  is  not  just  about  one-half  of  the 
120,000,000  I  leave  it  to  the  gentleman  to  decide,  as  I  think 
he  can  soon  figure  it  out. 

Mr.  PRESIDENT.    Any  further  remarks? 

Mr.  CAMPBELL.    Mr/'Chairman. 

Mr.  CHAIRMAN.  The  gentleman  from  Laramie,  Mr. 
Campbell. 

Mr.  CAMPBELL.  Like  the  rest  of  these  gentlemen  I  did 
not  intend  to  say  anything  on  this  .subject  when  it  came  up 
I  must  confess  I  am  much  in  the  same  position  that  Mr.  Pot- 
ter said  he  was  when  he  commenced.  I  must  say  that  after 
listening  to  the  arguments  of  those  who  are  in  favor  of  this 
substitute  and  those  opposed  to  it,  I  am  convinced  that  it 
ought  not  go  into  the  constitution  at  all,  but  is  a  mere  mat- 
ter of  legislation,  but  as  to  saying  in  this  constitution  whether 
or  not  coal  mines  shall  be  taxed  that  is  another  matter.  Inas- 
much as  Pennsylvania  has  been  mentioned  I  would  like  to 
say  a  few  words,  and  also  as  to  this  tax  of  three  cents  per 
ton.  I  lived  in!  Pennsylvania  and  I  never  heard  of  that  be- 
fore, although  I  don't  doubt  the  statement  that  there  is  a  tax 
of  three  cents  Well  now  I  lived  in  that  section  from  the 
time  I  was  eleven  years  old  until  I  started  for  the  west,  and 
know  the  anthracite  coal  regions  of  Pennsylvania,  and  there 
was,  I  think,  two  large  companies  organized  for  mining  coat, 
perhaps  there  was  one  other  company,  where  there  were  a 
hundred  individual  operators.  Today  you  can  go  there  and 
3Tou  will  find  there  are  not  ten  individual  operators.  You  can 
go  there  and  you  will  find  that  the  only  operators  are  the  large 
transportation  companies  whose  lines  run  near  the  mines,  the 
individual  operators  of  the  country  have  been  driven  from  the 
business,  and  the  production  of  anthracite  coal  is  in  the  hands 
of  corporations,  simply  because  no  individual  operator  could 
compete  with  the  transportation  companies,  and  they  were 
forced  out,  and  the  consequence  is  that  the  anthracite  coal  re- 
gion today  is  the  poorest  part  of  the  state,  laborers  are  poorer 
paid  than  in  any  other  part  of  the  state,  and  when  you  un- 


PROCEEDINGS  AND  DEBATES.  66 1 

dertake  to  deduce  any  argument  from  Pennsylvania,  I  say 
there  is  no  argument  you  can  make.  I  am  against  this  princi- 
ple of  putting  legislation  in  the  constitution  of  our  state,  as 
Mr.  Potter  has  well  said,  this  is  an  experiment.  If  we  leave 
it  to  the  legislatures  of  the  future  they  can  tax  it  in  any  man- 
ner they  may  see  fit.  I  don't  believe  in  limiting  the  legislature 
in  certain  matters,  in  restricting  their  powers,  and  there  is 
one  thing  that  I  would  have  you  remember,  and  that  is  that 
a  legislature  has  all  power  within  itself,  and  is  not  restricted 
by  the  constitution.  If  you  will  keep  that  principle  in  view 
you  will  be  saved  a  great  deal  of  trouble.  Some  people  seem 
to  think  a  legislature  can  be  nothing  except  what  is  provided 
by  the  constitution,  whereas  they  are  unrestricted  except  in 
such  matters  as  are  prohibited  by  the  constitution,  a  princi- 
ple directly  opposite  to  the  powers  of  congress.  Congress  can 
do  nothing  except  what  is  prescribed  by  the  constitution  of 
the  United  States,  the  legislature  of  a  state  can  do  everything 
that  is  not  prohibited  by  the  constitution  of  the  state. 

Mr.  CHAIRMAN.    Any  further  remarks? 

Mr.  BAXTER.    Mr  .Chairman. 

Mr.  CHAIRMAN.  The  gentleman  from  Laramie,  Mr.  Bax- 
ter. 

Mr.  BAXTER.  When  I  first  heard  this  question  discussed 
and  I  may  say  that  I  have  not  heard  it  discussed  until  tonight, 
when  I  first  heard  the  proposition  suggested  levying  this  tax 
it  struck  me  in  a  very  forcible  way,  and  I  still  think  it  is  the 
proper  thing  to  do.  The  only  question  in  my  mind  is  as  to  the 
propriety  of  putting  something  of  this  kind  in  the  constitution. 
I  think  it  should  come  from  the  legislature,  provided  we  can 
put  in  such  a  general  clause  as  will  certainly  secure  the  de- 
sired result.  (I  would  say  to  my  friend  Teschemacher  here 
that  he  shoidd  not  be  disturbed  particularly  about  this  great 
unexpended  surplus  which  we  will  have  in  the  treasury.  ,L 
could  not  follow  him  in  his  figures,  but  I  do  not  think  we  shall 
have  any  such  surplus  for  a  hundred  years  to  come.  We  ex- 
pect great  things  from  these  mines,  but  I  have  known  in- 
stances where  our  expectations  have  failed  to  materialize. 
In  answer  to  Mr.  Potter  I  want  to  say  that  I  fully  agree  with 
Mm  as  to  his  idea  as  to  how  we  should  come  to  value  a  piece 
of  property,  it  is  dependent  entirely  upon  its  earning  capacity. 
If  a  piece  of  land  will  return,  over  and  above  all  cost,  one  hun- 
dred dollars  annually,  and  it  is  situated  in  such  a  country 
where  money  is  worth  ten  per  cent,  that  land  ought  to  be 
worth  a  thousand  dollars,  because  it  will  earn  a  net  return  of 
ten  per  cent,  just  what  money  is  worth,  and  its  earning  capac- 
ity is  governed  by  just  what  it  will  produce  annually.  If  a 
piece  of  land  in  a  large  city,  desirably  located,  yields  annually 
five  thousand  dollars  over  and  above  expenses,  and  money  in 
flint  section  is  worth  ten  per  cent,  it  would  be  worth  fiftv 


662  CONSTITUTIONAL  CONVENTION. 

thousand  dollars.  It  might  be  worth  a  good  deal  more  than 
fifty  thousand  dollars,  but  its  value  should  be  determined  by 
its  earning  capacity.  Now  the  same  rule  ought  to  apply  to 
coal  mines,  or  to  any  other  kind  of  a  mine.  If  we  could  say 
an  acre  of  coal  land  would  produce  so  many  tons  of  coal  for 
any  definite  period  of  time,  the  same  as  we  could  assume  that 
an  acre  of  land  would  produce  so  many  bushels  of  corn  or 
wheat,  its  value  could  be  determined  in  the  same  way,  by  esti- 
mating its  earning  capacity.  But  the  trouble:  is  you  cannot 
tell  how  long  this  output  is  going  to  continue.  The  sugges- 
ion  made  by  my  friend  Teschemacher  as  to  wheat,  is  alto- 
gether a  diiferent  proposition,  they  know  an  acre  of  land 
with  proper  treatment  will  produce  so  much  wheat  annually, 
With  proper  care  the  land  will  be  worth  as  much  fifty  years 
from  now.  NOWT  with  coal  land  this  is  not  the  case,  when 
the  coal  is  exhausted  the  land  is  worthless,,  but  in  the  other 
case  you  know  what  the  ground  will  produce.  The  trouble 
with  a  coal  mine  is  that  you  cannot  tell  what  is  there,  and 
when  you  come  to  the  question  of  fixing  a  value  on  something 
you  cannot  see  you  have  not  the  same  basis  to  figure  on  at 
all.  You  never  can  reach  its  value  with  the  same  degree  of 
certainty.  It  seems  to  me  if  the  coal  when  taken  out  of  the 
mine  was  weighed,  and  you  find  there  are  so  many  tons,  and 
you  say  that  it  is  wrorth  so  much  per  ton,  knowing  what  it  will 
bring  in  the  market,  and  you  then  tax  it  upon  its  value,  upon 
'that  basis,  as  it  conies  out  of  the  ground,  that  you  are  getting 
as  near  a  proper  basis  for  taxing  it  as  you  can  reach.  I  think 
I  agree  with  Mr.  Campbell  that  we  ought  to  make  this  a  gen- 
eral provision,  applicable  to  the  mining  of  coal,  or  any  other 
mineral,  or  oil,  or  soda,  or  anything  else  that  comes  out  of  the 
ground.  I  don't  think  il  favor  this  substitute  because  of  the 
provision  that  exempts  it  for  a  term  of  years,  but  I  am  inclin- 
ed to  think  that  the  best  course  is  to  leave  this  matter  to  the 
legislature,  with  such  instructions  as  will  secure  equal  and 
exact  justice  in  the  future  to  every  interest  involved. 

Mr.  CHAIRMAN.  The  gentleman  from  Converse,  Mr: 
Harvey. 

Mr.  HARVEY.  In  listening  to  the  discussion  of  this  ques- 
tion, I  have  been  decided  both  ways.  I  believe  in  this  princi- 
ple, I  believe  we  ought  to  put  it  into  the  constitution,,  and  1 
believe  we  ought  to  stop  right  there;  we  all  agreed  on  the  prin- 
ciple, but  it  is  a  different  thing  when  you  come  to  make  the  ap- 
plication in  the  constitution.  As  to  the  figures  which  have 
been  given  here  ;I  am  not  prepared  to  pass  upon.  I  happen 
to  come  from  central  Wyoming,  the  only  portion  of  the  terri- 
tory where  at  the  present  time  they  ship  coal  besides  along  the 
line  of  the  Union  Pacific  railroad.  I  say  the  principle  is  all 
right  to  tax  the  principle  of  a  mine,  but  when  you  go  further 
than  that  and  settle  upon  one-half  a  cejpt  or  two  cents  upon 


PROCEEDINGS  AND  DEBATES.  663 

each  ton,  I  doubt  the  expediency  of  it.  In  central  Wyoming  we 
have  two  mines,  one  at  Glenrock  and  one  at  Inez,  and  I  know 
that  neither  of  them  has  ever  made  a  dollar,  and  it  may  be 
some  time  before  they  do  make  a  dollar,  but  I  know  that  the* 
most  they  have  figured  on  is  a  profit  of  fifty  cents  on  the  ton, 
that  is  the  most  they  have  figured  on  in  their  most  extravagant 
moments,  when  they  get  their  mines  in  perfect  operation,  and 
everything  working;  in  their  favor.  It  strikes  me  that  two 
cents  out  of  fifty  might  be  a  very  serious  thing.  This  is  a 
matter  which  belongs  to  the  legislature.  I  repeat  wrhat  I  have 
insisted  upon  several  times  before,,  that  a  body  of  men  making 
a  constitution  may  not  be  the  best  body  of  men  for  legislation. 
I  say  let  us  incorporate  the  principle  in  here  and  then  stop. 
I  think  the  principle  is  all  right.  jl  have  before  me  a  section 
which  strikes  me  as  being  a  very  good  one,  taken  from  the 
Nevada  constitution.  "The  legislature  shall  provide  by  law 
for  a  uniform  and  equal  rate  of  assessment  and  taxation,  and 
shall  prescribe  such  regulations  as  shall  secure  a  just  valua- 
tion for  taxation  of  all  property,  real,  personal  and  possessory, 
except  mines  and  mining  claims,  the  proceeds  of  which  alone 
shall  be  taxed." 

That  is  all  they  have  to  say  on  the  subject,  they  have  laid 
down  the  principle  and  stopped  right  there.  At  the  j\roper 
time  I  shall  move  that  as  a  substitute. 

Mr.  BROWN.  Some  of  these  gentlemen  have  asked  me 
some  questions,  and  I  think  it  my  duty  to  answer,  but  as  these 
prepositions  have  been  presented  at  different  times,  I  want 
to  answer  them  in  turn.  Going  then  to  the  first  proposition 
presented,  it  is  involved  in  the  arguments  of  three  or  four  who 
have  spoken  upon  this  question,  among  others  the  gentleman 
from  Uinta,  Mr.  Clark.  He  says,  and  repeats  it  with  a  great 
deal  of  vehemence  and  force,  that  we  should  aim  at  justice, 
and  that  wre  should  aim  to  have  each  and  every  interest  bear 
its  fair  share  and  proportion  of  taxes.  Now  I  want  to  say  to 
these  gentlemen  right  here,  it  is  because  the  coal  industry  does 
not  and  never  has  borne  its  fair  and  just  proportion  of  the  tax 
in  the  territory  of  Wyoming,  that  we  are  against  the  proposi- 
tion for  taxation  as  presented  by  this  substitute.  In  this  same 
connection  the  gentlemen  say  if  we  tax  according  to  the  value 
we  shall  in  the  end  reap  as  large  a  revenue  from  the  taxation 
of  the  land  as  we  can  possibly  reap  by  taxation  of  the  coal  out- 
put. Right  here  I  wish  to  meet  the  question  of  the  gentleman 
from  La  ramie.  He  sa3^s  when  the  output  is  two  millions  of 
tons  and  if  that  pays  a  tax  of  one  hundred  and  fifty  thousand 
dollars,  can  wre  go  into  a  foreign  market  and  compete  with  coal 
that  pays  no  tax?  I  say  to  him  upon  that  proposition  we  can- 
not, but  it  happens  that  there  is  no  such  proposition  in  exist- 
ence,  and  could  be  no  such  proposition,  and  these  gentlemen  by 


664  CONSTITUTIONAL  CONVENTION. 

their  arguments  see  it.  They  say  that  the  taxation  upon  the 
acreage  will  meet  the  requirements  of  revenue  as  well  as  a  ton- 
nage tax.  If  it  does,  then  I  say  to  the  gentlehien  that  you 
,  have  to  pay  the  same  tax,  but  in  a  different  way,  and  when 
you  go  into  an  adjoining  state  and  come  into  competition  with 
coal  from  other  states,  if  they  pay  a  fair  and  just  proportion 
of  the  revenue  of  the  government  of  the  state  where  that  coal 
is  produced,  if  your  theory  is  correct,  they  must  meet  the  self 
same  proposition  that  we  have  before  us,  and  they  go  there 
paying  an  acreage,  tax,  or  an  advalorem  tax,  arrived  at  in 
some  way  that  equals  the  tax  we  put  upon  the  tonnage.  So 
much  for  the  question  asked  by  my  friend  from  Cheyenne. 

Now  I  will  undertake  to  answer  some  other  matters.  My 
friend,  Mr.  Teschemacher,  from  Cheyenne. 

Mr.  TESCHEMACHEK,  JL  am  not  from  Cheyenne,  Judge. 
I  come  from  Uva. 

Mr.  BKOWN.  I  beg  the  gentleman's  pardon;  I  meant  no 
insult,  and  I  don't  suppose  the  gentleman  so  takes  it. 

Mr.  TESCHEMACHEK.  It  might  effect  my  mileage 
though. 

Mr.  BllOWN.  If  the  gentleman's  mileage  is  at  stake,  true 
it  might  make  a  difference,  but  I  want  to  come  to  this  argu- 
ment he  presents.  Now  let  us  see  what  there  is  in  it.  He 
says  why  not  tax  wheat?  Why  not  tax  corn?  Why  not  tax 
cotton?  Why  not  tax  the  any  one  great  product  of  the  land': 
Let  us  see  why.  I  want  to  ask  the  gentleman  if  his  theory  is 
correct,  and  if  the  theory  of  my  friend  Potter  is  the  true 
one,  if  you  are  going  to  tax  according  to  the  product  why 
not.  tax  wheat?  That  is  part  of  the  product.  He  says  we 
will  tax  the  land  because  of  the  value  of  the  product  produced. 
Now  if  you  tax  the  land  upon  the  basis  of  the  product  produc- 
ed what  difference  does  it  make  whether  you  fix  a  certain  price 
per  bushel  or  tax  the  acreage?  If  the  gentleman  can  see  the 
difference  I  should  like  to  know  it.  The  fact  is  tha<t.  all  tht- 
propositions  they  make  simply  resolve  themselves  into  the  one 
that  we  present  in  this  bill.  If  you  tax  your  wheat  instead  of 
your  land,  if  you  tax  the  product  of  the  farm  instead  of  the 
farm  itself,  and  tax  it  at  a  fair  ratio,  you  are  getting  the  best 
taxation  that  can  exist  under  the  sun,  if  you  tax  cotton  ac- 
cording to  the  product  on  each  acre  of  land  owned  by  different 
individuals,  and  make  it  a  fair  and  equal  taxation,  it  is  the 
only  just  method  of  taxation  that  can  be  arrived  at,  because 
in  that  way  you  get  at  the  proposition  that  my  friend  Potter 
presents,  the  exact  product,  which  gives  the  value.  Now  let 
us  go  a  step  further.  My  friend  Clark  says  that  you  can  arrive 
at  the  value  of  coal  lands,  and  how  does  he  propose  to  arrive  at 
it?  I  have  considered  the  matter,  and  I  think  that  every  one 
of  us  understands  that  until  coal  land  is  developed,  it,  is  ut- 
terly impossible  to  determine  its  value.  My  friend  says  that 


PROCEEDINGS  AND  DEBATES.  665 

.you  can  bore  down  here,  and  bore  down  half  a  mile  there,  and 
we  wrill  determine  in  that  way  to  a  busha1  how  much  coal 
iliere  is  in  the  strata  and  in  that  way  get  the  exact  value.  I 
•want  to  ask  my  friend  if  he  proposes  that  the  territorial  as- 
sessor or  that  the  county  assessor,  shall  go  into  the  boring 
business,  in  order  to  get  at  the  taxation?  Now  let  us  talk 
about  this  fairness  a  little  further.  My  friend  made  a  prop- 
osition as  to  the  amount  of  coal  to  the  acre,  that  an  eight  foot 
strata  wrould  yield  eight  thousand  tons  to  the  acre.  Now  he  says 
that  about  as  fair  a  method  of  taxation  as  we  can  have  is  the 
government  price  of  twenty  dollars  per  acre.  Now  just  think 
for  a  moment,  eight  thousand  tons  of  coal  in  an  acre,  and 
twenty  dollars  an  acre  the  price  upon  which  to  le,vy  the  tax, 
and  that  is  based  upon  the  theory  of  justice.  It  produces  no 
tax  at  all,  and  that  is  what  is  the  matter  with  his  argument; 
that  is  what  is  the  matter  with  the  territory  of  Wyoming,  and 
that  is  what  is  the  matter  with  the  figures  here. 

Now  the  gentleman  said  something  about  the  figures  and 
-price  of  coal.  I  want  to  say  that  I  know  what  I  say,  and  there 
is  no  guess  work  about  it.  When  I  say  that  coal  is  wortu 
$1.25  a  ton  at  Kock  Springs,  I  mean  just  Avhat  I  say,  and  just 
what  I  know  to  be  true,  provided  the  president  of  the  coal 
company  knows  what  he  is  talking  about,  and  provided  he  tells 
the  truth,  and  he  had  no  occasion  to  lie  about  this  thing,  i 
•am  speaking  now  of  the  Balch-Donnellen  company,  who  put 
up  the  money  for  a  mining  company  for  our  town.  He  tells  me 
that  they  produce  their  coal  at  $1.25  per  ton,  and  when  I  men- 
tioned the  figures  about  freight,  I  am  not  talking  about  what 
it  costs  the  Union  Pacific  to  freight,  I  will  tell  you  about  that 
'directly,  but  I  was  talking  about  the  transportation  this  com- 
pany pays  to  the  railroad  company  for  freight,  and  when  I 
said  that  it  costs  them  four  dollars  a  ton  to  ship  to  Omaha, 
1  mean  just  what  I  say,  they  pay  to  the  Union  Pacific  in  ship- 
ping from  Kock  Springs  to  Laramie  just  one-half  a  cent  a  mile 
a  ton,  and  when  I  say  that  on  their  coal  at  Laramie,  selling  at 
six  dollars  a  ton,  they  make  an  even  three  dollars,  I  mean  just 
what  I  say,  and  I  know  what  I  say.  The  amount  they  pay  is 
not  quite  half  a  cent,  it  lacks  a  small  fraction  of  that,  the  real 
amount  is  $.00486,  how  much  is  that  per  ton?  One  dollar  ami 
twenty-five  cents  per  ton  is  what  they  pay  the  Union  Pacific 
for  shipping  their  coal  to  Laramie.  Now  my  friend  says  some- 
thing about  the  men  who  handle  the  coal,  the  charges  of  com- 
mission men,  I  suppose  they  are  paid,  I  don't  know  what  they 
are  paid,  but  perhaps  I  make  a  mistake  when  I  say  I  don't 
know  what  they  are  paid.  I  am  informed  by  a  coal  dealer  in 
our  town  who  handles  the  coal  for  the  Balch  company  that 
they  allow  him  a  dollar  a  ton,  then  there  is  half  a  dollar  paid 
for  delivery,  so  that  instead  of  the  coal  costing  me  six  dollars 
.a  ton,,  it  costs  me  six  dollars  and  a  half  per  ton,  that  half  dol- 


666  CONSTITUTIONAL  CONVENTION. 

lar  is  paid  for  delivery,  the  hauling  of  the  coal,  one  dollar 
to  the  man  who  handles  the  coal,  the  balance  of  this  price  of 
six  dollars  per  ton,  goes  to  the  producer,  that  is  five  dollars 
per  ton  for  the  producer,  so  that  according  to  these  figures  if 
they  pay  the  man  who  handles  the  coal  a  dollar  a  ton(,  the 
amount  they  make  on  the  sales  of  coal  in  Laramie  is  two  dol- 
lars instead  of  three,  after  paying  all  the  expenses  of  the  same. 
Now  I  want  to  tell  you  something  about  Union  Pacific  charges 
and  I  get  this  from  men  who  know  their  business,  and  you  can 
go  to  any  official  of  the  Union  Pacific  railroad  company  that 
knows  his  business  and  knows  what  it  costs,  and  he  will  tell 
you  that  the  average  price  of  carrying  freight  over  their  road 
is  one-half  cent  per  mile  per  ton),  but  that  the  actual  cost  to 
the  company  of  transporting  open  freight  over  its  lines  is  one 
quarter  of  a  cent  per  mile  per  ton.  Now  the  figures  that  1 
have  made  I  made  them  upon  the  half  cent  per  ton  rate,  which 
is  a,  very  different  thing.  Taking  then  the  freight,  charges  ot 
the  Union  Pacific,  taking  them  the  same  as  'those  we  figure  on 
for  individuals,  four  dollars  per  ton  as  the  price  of  freight  to 
Omaha,  it  is  an  overcharge  and  don't  amount  to  that  much, 
I  stated  it  a  little  over  wThat  it  is,  how  is  it  as  to  the  actual  cost 
to  the  company.  It  costs  the  railroad  one-quarter  of  a  cent 
per  ton  per  mile,  making  it  four  dollars  and  twenty-five  cents 
delivered  in  Omaha,  and  a  profit  of  two  dollars  and  twenty- 
five  cents  on  the  ton.  At  Kearney  at  one-quarter  of  a  cent 
per  mile,  the  freight  would  be  one  dollar  and  fifty  cents,  which 
added  to  one  dollar  and  twenty-five  cents  makes  two  dollars 
and  seventy-five  cents,  or  four  dollars  and  twenty-five  cents 
clear  profit  in  Kearney.  Now  without  going  any  further  into 
the  matter  of  these  charges,  and  the  profits  that  are  made  on 
coal,  I  want  to  go  to  another  proposition,  and  show  you  just 
what  these  companies  are  paying  in  the  way  of  taxes. 

We  take  from  the  territorial  auditor's  books  the  amount 
as  nearly  as  can  be  ascertained,  paid  by  each  industry,  and  as 
I  said  to  you  this  afternoon,  the  proportion  paid  by  the  coal 
business  is  fifteen  thousandths  as  compared  with  four  hundred 
and  fifty -three  thousandths  for  one  class  of  property,  three 
hundred  and  ten  thousandths  for  another  and  two  hundred  and 
twenty -two  thousandths  for  another.  I  want  to  give  you  some 
other  figures  now.  Take  this  Blair  coal  mine,  the  Balch  &  Don- 
nellen  company,  how  much  tax  do  you  suppose  it  pays  in 
Sweet  water  county?  The  six  hundred  and  forty  acres  of  coal 
land,  the  machinery  and  improvements,  and  whatever  they 
have  invested  in  the  way  of  personal  property,  pays  the  large 
sum  of  $255.52.  Take  any  man  in  Cheyenne  worth  fifty  thous- 
and dollars,  and  don't  he  pay  more  tax?  How  much  would  my 
friend  Hay  pay  on  fifty  thousand  dollars  in  Cheyenne,  for  all 
purposes,  and  this  is  for  all  purposes,  and  here  is  what  I  want 
to  say,  that  the  company  probably  has  five  times  fifty  thousand 


PROCEEDINGS  AND  DEBATES.  667* 

dollars  invested,  and  they  pay  $255.52  taxes.  They  pay  less 
than  one-tenth  of  what  yon  and  I  and  every  other  man  pays 
in  this  territory.  Let  us  take  some  other  figures.  The  Van 
Dyke  coal  company  in  Sweetwater  county  is  assessed  at  $7,780' 
on  the  lands,  and  the  personal  property  at  $410,  making  $8,100 
as  the  total,  and  $141.69  as  the  total  tax  paid  into  the  county. 
Mark  Hopkins  &  Co.  are  assessed  at  $4,250  for  the  price  of  a- 
section  of  coal  land  in  this  territory,  and  they  are  assessed  for 
improvements  $1,700,  making  a  total  of  $5,050,  and  a  tax  for 
all  purposes  of  $102.9o.  Mr.  Hopkins  tells  me  that  he  has  in- 
vested about  a  half  million  dollars  in  improvements,  and  it  is 
assessed  at  $1,700.  I  don't  know  anything  about  the  value  of 
the  improvements,  because  I  have  never  seen  them  or  the  mine 
but  this  is  the  statement  that  I  hear.  Mr.  Hopkins  says  what- 
ever may  be  the  value  of  his  improvements  that  he  seeks  to 
put  upon  his  property,  they  are  assessed  at  a  fair  rate  com- 
pared with  the  Union  Pacific  railroad  company.  If  you  will 
go  to  the  report  of  Charles  Francis  Adams  you  Avill  find  that 
the  improvements  on  the  Kock  Springs  mines  in  Sweetwater 
county  are  put  at  about  two  million  dollars.  I  don't  remem- 
ber the  exact  statement,  but  the  report  is  here  in  town  and 
the  figures  can  be  verified.  What  are  they  assessed  at?  For 
coal  lands,  the  total  is  $51,045.60.  The  assessment  of  other 
property,  personal  property  and  other  property,  $196,998,  mak- 
ing a  total  of  S248.043.60,  and  a  tax  of  $4,291.22.  This  is  the 
total  tax  paid  to  the  county  of  Sweetwater  for  county  and  all 
other  purposes,  by  the  railroad  company  on  their  valuation  of 
coal  lands  and  improvements.  How  much  would  you  have  to 
pay,  gentlemen,  if  you  had  this  amount  of  property?  My 
friend  Potter  says  why  was  it  not  otherwise  assessed?  I  will 
tell  you  why  it  was  not  otherwise  assessed,  the  Union  Pacific 
railroad  company  elects  the  officials  who  make  the  assessment, 
that  is  why  it.  is  not,  otherwise  assessed.  That  is  the  entire 
proposition  in  a  nut  shell,  and  when  you  say  you  want  to  leave 
this  matter  to  legislation,  (I  want  my  friends  from  Cheyenne 
to  think  twice  before  they  say  it,  and  I  want  the  other  gentle- 
men to  think  twice  before  they  say  we  will  leave  this  matter  to 
the  legislature,  and  I  will  tell  you  why.  If  there  is  anything 
that  an  honest  man  abhors  it  is  to  see  a  monied  corporation  in 
politics,  and  if  you  say  that  this  matter  shall  be  settled  by  the 
legislature  you  are  saying  when  you  do  it  that  every  monied 
corporation  in  Wyoming  engaged  in  coal  mining  will  come 
into  your  legislature  as  a  politician  and  seek  to  have  that  tax 
put  down  at  the  lowest  possible  point.  You  force  them  to  do  it 
by  leaving  it  open  to  legislation,  in  order  that  they  may  serve 
their  own  interests,  and  I  don't  blame  them  any,  you  and  1 
would  do  just  the  same  thing.  The  danger  lies  in  this,  the 
combination  of  capital  in  the  hands  of  the  few;  but  that  is  not 
the  only  danger.  It  employs  in  its  service  such  a  number  of 


668  CONSTITUTIONAL  CONVENTION. 

men  that  it  can  always  elect  any  man  it  pleases,  to  protect  its 
interests,  as  I  believe  it  would  have  the  right  to  protect  its 
interests,  and  as  von  all  know  it  would,  as  you  would  seek  to 
protect  yours.  It  is  forced  into  politics,  forced  into  the  lists 
with  these  men  that  go  to  your  legislatures  wearing  brass  col- 
lars. As  you  have  seen  in  the  past  men  elected  to  our  legisla- 
tures wearing  the  brass  collars  of  the  great  railroad  corpo- 
ration, you  will  see  just  such  men  wear  the  brass  collars  of  the 
#reat  monied  mining  corporations.  Now  if  you  would  avoid 
that  spectacle,  I  think  it  is  clear  to  every  one  that  the  fair  and 
'only  wray  to  reach  this  taxation  is  upon  the  output.  We  have 
a  sure  thing  and  a  certain  thing  then.  We  have  a  fair  way  of 
reaching  just  what  proportion  of  tax  it  "shall  pay,  and  when 
you  tax  the  output  of  tjie  mines  you  know  what  you  are  doing, 
;and  there  is  no  uncertainty  about  it ;  no  guess  work.  You  have 
the  actual  number  of  tons  that  you  are  to  tax,  and  with  this 
tax  on  the  output  in  lieu  of  any  other  taxation,  you  have  got 
a  fair  and  just  method  of  taxation,  and  one  about  which  there 
Is  no  uncertainty  or  gues&  wrork.  Going  a  step  further.  What 
objection  is  there  to  this  method  of  taxation?  My  friend 
seems  to  indicate  that  it  is  a  special  tax,  and  that  it  is  special 
legislation.  No  one  knows  better  than  he  does  himself  that  it 
is  not  special  legislation.  Whenever  you  say  that  an  industry 
by  general  law  shall  pay  a  tax  in  every  part  of  the  territory, 
shall  pay  a  certain  tax  per  ton,  it  is  not  special  legislation, 
not  a  special  tax,  but  it  is.  a  general  proposition  that  applies 
to  the  entire  coal  output  of  the  whole  state.  Special  legislation 
Is  that  legislation  which  effects  a  single  individual,  a  single 
community,  a  single  locality.  This  is  not  that  kind.  Now  then 
•what  is  the  objection  to  putting  this  in  the  constitution r 
Many  of  these  gentlemen  say,  why  it  is  legislation  to  put  it 
into  the  constitution,  and  they  are  not  in  favor  of  legislation 
in  the  constitution.  I  agree  with  the  gentleman,  I'm  not  in  favor 
of  legislation  in  the  constitution.  J  agree  with  them  that  it 
is  not  wise  to  legislate  in  forming  a  constitution.  But  wThild 
I  agree  with  the  gentlemen  on  the  general  proposition,  I  say 
it  is  as  necessary  to  limit  the  action  of  the  legislature  in  some 
of  these  matters  in  the  constitution  as  it  is  to  do  any  other  act 
an  connection  with  it,  and  because  we  may  be  saved  the  spek> 
tacle  of  seeing  men  wearing  the  brass  collars  of  these  compa- 
nies coming  into  the  legislature,  and  doing  their  bidding.  In 
order  that  we  may  be  saved  that  let  us  say  now  that  we  will 
regulate  so  far  as  these  monopolies  are  concerned  this  mat- 
ter of  legislation  upon  coal  taxation,  and  put  it  forever  beyond 
their  reach.  Let  us  put  it  where  they  shall  never  be  called 
upon  to  change  it  or  effect  it  by  legislation.  Whatever  the 
sum  you  may  choose,  I  don't  care  whether  it  is  half  a  cent  or 
five  cents,  whatever  you  may  think  best,  in  the  way  of  fixing 
tfhe  tax  on  this  coal,  let  us  fix  it  in  this  constitution  now  and 


PROCEEDINGS  AND  DEBATES. 


669 


forever.  I  want  when  this  constitution  comes  to  be  voted  upon 
that  every  man  and  woman  within  the  limits  of  the  new  state 
shall  know  just  what  its  provisions  are,  and  it  is  fair  that 
they  should  know.  These  corporations  should  know  it  as  well 
as  every  one  else,  and  if  they  think  it  is  wrong  or  burdensome,, 
they  are,  notified  beforehand,  and  they  can  rally  their  hosts 
against  it.  If  they  do  believe  it  to  be  unfair  and  unjust,  let 
them  endeavor  to  vote  down  the  adoption  of  this  constitution, 
and  settle  it  then  forever,  and  not  leave  it  to  future  legislation, 
to  settle  it.  With  this  we  will  know  and  understand  just  what 
we  are  doing,  and  just  what  tax  we  will  realize.  On  the  ten> 
millions  of  tons  of  coal  mined  there  will  be  paid  to  the  state 
a  tax  of  about  a  hundred  thousand  dollars,  and  a  hundred 
thousand  dollars  is  a  very  respectable  sum  to  realize,  and  that 
ifii  just  wliy  I  am  in  favor  of  this  tax.  I  want  the  hundred 
thousand  dollars.  I  want  to  see  this  new  state  provided  with 
a  revenuei  that  will  support  it,  and  I  want  to  see  the  revenue- 
come  from  a  source  that  is  able  to  meet  it,  and  when  you  say 
that  this  tax  will  produce  a  hundred  thousand  dollars"  it  will 
come  somewrhere  near  the  expenses  of  a  state  government, 
and  it  will  come  from  a  source  that  can  afford  to  pay  it,  and 
it  will  save  every  corporation,  every  railroad  company,  every 
individual,  some  other  and  additional  tax  upon  their  property 
for  the  support  of  the  state.  Another  reason  why  you  should 
tax  the  output  and  not  the  acreage.  Suppose  you  mine  from 
your  acre  of  coal  land  a  few  thousand  tons  this  year,  a  few 
thousands  tons  next  year,  and  so  on  until  the  eight  thousand 
or  five  thousand  or  whatever  it  may  be  tons  are  exhausted, 
I  want  to  ask  my  friend  Clark  whether  the  land  that  is  left  is 
worth  anything  after  you  get  the  coal  out? 

Mr.  CLARK    Not  a  dollar. 

Mr.  BROWN.  So  then  how  are  you  going  to  arrive  at  a 
fair  method  of  taxing  this  land  after  the  coal  is  exhausted?" 
Each  year  that  you  mine  that  coal  you  are  exhausting  the 
wealth  of  your  country,  and  when  the  coal  is  all  mined  out 
and  you  have  nothing  left  but  a  howling  wilderness,  with  noth- 
ing in  it, what  are  you  going  to  do  in  the  way  of  taxation? 
Are  you  going  to  tax  this  coal  at  a.  fair  valuation,  or  are  you 
going  to  say  that  our  neighbors  shall  have  the  benefit  of  it  for 
nothing,  and  that  we  may  starve  wrhen  the  output  is  ex- 
hausted ? 

Mr.  CLARK,  jl  would  not  rise  if  it  were  not  for  the  fact 
that  I  have  been  so  astonishingly  misconstrued  by  the  gentle- 
man who  has  just  preceded  me,  but  I  cannot  sit  here  quietly 
feeling  that  possibly  there  may  be  some  member  of  the  con- 
vention, no  matter  how  he  may  feel  on  this  subject,  that  may 
believe  that  I  did  make  those  statements,  and  did  make  the  ar- 
guments just  credited  to  me.  I  believe  that  I  did  not  in  my 
former  speech  oppose  a  tax  upon  the  output  of  coal,  but  I  did 


'670 


CONSTITUTIONAL  CONVENTION. 


say  that  I  was  oposed  to  a  tax  upon  the  output  of  coal  mines 
and  no  tax  upon  the  output  of  other  mines,  and  I  have  listened 
patiently  and  in  vain  through  the  two  long  speeches  the  gen- 
tleman has  made,  for  any  reason  he  could  give  why  they  should 
be.  We  are  told  that  if  this  is  left  to  future  legislation,  that 
the  men  who  levy  this  tax  will  wear  the  brass  collars  of  some 
great  mining  corporation.  If  that  legislature  wears  the  brass 
collar  of  some  silver  mining  gang,  why  is  it  that  silver  mines 
are  not  included  in  this  bill?  Why  is  one  industry  singled  out? 
And  I  say,  Mr.  Chairman,  that  j[  am  tired  of  this  demagogue 
talk  about  brass  collars.  No  man  in  Wyoming  is  elected 
with  brass  collars.  I  look  around  me  and  I  see  gentle- 
men who  have  sat  in  the  house  of  our  last  legislature;  Mr. 
Teschemacher,  elected  by  the  people,  and  I  ask  whose)  brass 
collar  he  wore?  I  see  my  friend  Mr.  Adams  in  the  lobby, 
elected  by  the  people,  and  I  ask  whose  brass  collar  he  wore? 
Mr.  Organ,  Mr.  Riner,  and  a  number  of  others,  elected  by  the 
people,  and  I  ask  wrhose  brass  collars  they  wore?  I  have  got 
confidence  in  the  people  of  Wyoming,  and  I  have  got  confidence 
that  they  have  elected  and  will  elect  as  good  a  body  of  legis- 
lators as  ever  sat  in  this  or  any  other  territory  or  state,  and 
I  have  got  confidence  that  they  will  elect  just  as  honorable 
gentlemen  for  the  future  legislators  of  this  territory  as  sit  in 
the  house  of  this  constitutional  convention.  Why  limit  these 
brass  collars  to  the  coal  mining  companies?  I  say  to  you,  gen- 
tlemen, that  if  the  future  legislators  of  Wyoming  are  to  wear 
brass  collars  at  all,  they  will  wear  the  brass  collars  of  gold 
mines  and  of  silver  mining  gangs,  just  as  well  as  they  will  for 
coal  mining  corporations.  My  whole  argument  and  my  whole 
plea  for  justice  in  this  question  has  been  to  tax- all  mines  alike. 
If  you  tax  the  output  of  coal  mines,  tax  the  output  of  silver  and 
gold  mines;  if  you  are  going  to  leave  any  of  it  to  future  legis- 
latures, leave  it  all  to  future  legislatures.  Now  something  lias 
been  said  in  regard  to  taxation  on  the  acreage.  I  do  not  know 
the  amount  of  taxes  Mark  Hopkins  &  Co.  pay,  but  I  do  knbw 
that  Mark  Hopkins  &  Co.  have  not  got  a  half  million  dollars 
invested  in  improvements.  The  only  piece  of  land  they  have  is 
480  acres,  on  which  they  pay  taxes  on  an  assessed  valuation 
of  f 9,600.  I  don't  know  about  the  freight  rates  given,  by  my 
friend,  but  I  do  know  that  Laramie  has  got  the  edge  over 
Evanston  because  the  charges  for  hauling  coal  from  Rock 
Springs  to  Evanston,  125  miles,  is  $3.50  per  ton.  I  don't  know 
what  the  Balch  improvements  may  .be,  I  don't  know  what  taxes 
they  pay,  but  I  do  know  that  thtfy  are  mining  coal  in  a  mine 
which  has  been  opened  for  years,  that  they  have  not  been  re- 
quired to  do  any  development  work,  all  they  have  to  do  is  to 
take  out  the  coal,  and  thc*y  possibly  may  be  able  to  produce  it 
at  $1.25  per  ton.  I  don't  know  and  jl  don't  care  anything  about 
that.  The  gentleman  has  not  answed  my  question  as  to  why 


PROCEEDINGS  AND  DEBATES.  671 

silver  mines  should  be  treated  differently  from  coal  mines, 
why  tax  the  output  of  one,  and  leave  the  other  to  future  legis- 
lation to  deal  with?  I  am  not  opposed  to  taxing  coal  mines, 
but  I  am  opposed  to  anjything  that  savors  of  injustice  toward 
any  one  class  of  mines;  that  is  what  I  am  opposed  to  in  this 
substitute  section,  and  that  is  the  reason  why  I  am  in  favor 
of  Mr.  Hay's  substitute,  or  the  one  suggested  by  Mr.  Harvey. 
I  think  they  are  much  the  same,  they  both  provide  that  the 
output  of  all  mines  shall  be  taxed  alike.  In  speaking  of  special 
legislation,  I  did  not  use  the  term  in  the  narrow  and  restricted 
sense  which  my  friend  has  given  it,  but  in  the  sense  of  incon- 
sistent legislation  against  one  class  in  favor  of  another. 

Mr.  HOYT.  I  think  we  will  all  generally  agree  that  the 
subject  has  been  pretty  well  argued,  if  it  has  not  been  exhaust- 
ed, and  even  if  it  had  not  been,  it  would  be  a  very  great  wrong 
-at  this  hour  to  inflict  a  speech  of  any  considerable  length 
upon  this  convention.  But  since  the  moment  is  at  hand  when 
we  shall  have  to  vote  upon  this  question,  it  may  be  as  well  to 
explain  my  vote  now  as  at  the  moment  of  giving  it.  I  wish  now 
to  state  my  position  upon  this  question  very  briefly.  This  mode 
of  levying  a  tax  upon  coal,  as  a  means  of  raising  a  great  rev- 
enue for  the  support  of  the  state  is  a  gr^at  temptation.  Very 
fine  pictures  have  been  drawn  of  what  would  be  the  condition 
of  thinigs  in  W3'oming  were  at  tax  to  be  raised  upon  this  one 
single  article  and  the  rest  go  scott  free.  Why  my  friend  who 
lives  upon  his  ranch,  who  herds  his  cattle  and  sends  them  to 
market,  would  rejoice  to  find  that  he  would  be  relieved  from 
the  burden  of  taxation;  and  my  friend  the  farmer,  who  is  dig- 
ging his  ditcher,  irrigating  his  land  and  raising  his  crops, 
would  rejoice  to  find  that  he  too  was  relieved  from  the  burden ; 
but  even  though  he  should  rejoice  to  have  his  burdens  thus  de- 
efrtelased,  Jl  do  not  think  hy  would  be  willing  to  have  it  all 
thrown  upon  the  shoulders  of  one  man,  or  class  of  men,  I  know 
he  would  rather  bear  his  share  of  it.  Now  I  have  thought  ot 
another  side  of  this  question.  I  thought  and  raised  the  ques- 
tion in  my  own  mind,  how  will  it  effejct  the  miner?  My  dis- 
tinguished friend,  Judge  Brown,  and  others,  in  setting  forth 
their  side  of  the  question,  have  made  it  appear  that  the  con- 
sumer is  to  pay  the  entire  tax ;  now,  in  my  own  mind,  the  miner 
will  have  to  pay  a  good  deal  of  that  tax ;  the  man  who  is  delv- 
ing in  the  mine,  and  who  is  spending  his  whole  existence  in 
the  mine  for  the  small  earning  he  gets  for  his  labor — how  will 
it  effect  him?  When  the  man  who  owns  the  coal  mine  finds 
that  the  tax  is  to  be  levied,  he  will  burden  the  tax  upon  those 
mining  the  coal,  and  will  give  less  wages  for  the  labor  whirh 
they  perform.  Now  what  of  the  consumers  in  our  territory? 
We  are  told  that  this  tax  is  all  to  come  from  the  consumer. 
True,  large  portions  of  this  coal  goes  outside,  and  we  have  lit- 


672  CONSTITUTIONAL  CONVENTION 

tie  sympathy  for  outsiders,   we  are  not  bound   to  think  of 
them,  but  are  we  not  bound  to  think  of  our  own  people  who 
consume  this  coal,  one  of  the  yery  necessities  of  life?    We  are- 
going  to  make  these  people,  the  consumers,  pay  a  tax  on  coal,, 
a  tax  thatr  will  be  almost  enough  to  meet  the  expenses  of  a 
state  government,  and  a  large  portion  of  that  tax,  a  yery  con- 
siderable portion  of  it,  will  come  out  of  the  pockents  of  our  own 
citizens,  whov  are  consumers.     That  is  another  point,  but  I 
think  still  of  another.    How  will  it  effect  the  industry  ?    I  have 
been  talking  a  great  deal  the  last  few  months  before  this 
convention  with  men  about  the  needs  of  the  territory,  and  it 
is  unanimously  agreed  that  wrhat  we  need  most  is  capital.    We- 
have  extraordinary  resources,  thirty  thousand  square  miles  of 
coal,  endless  soda  lakes,  inexhaustible  supplies  of  oil,  moun- 
tains of  iron  that  have  not  yet  begun  to  be  developed.    WThat 
we  want  is  capital,  and  shall  we  not  keep  out  capital  if  we 
discourage  capitalists?    Shall  we  build  a  Chinese  wall  around 
Wyoming  and  prevent  the  investor  from  coming  in  to  develop 
its  resources?    Is  this  the  policy  of  statesmanship?    Is  it  not 
rather  to  throw  open  the  gates  wide  and  welcome  capital  with 
outstretched  arms  from  every  country,  for  the  development  of 
our  resources?    This  is  a  question  I  have  asked  myself  in  all 
seriousness,  and  I  have  considered  it  ever  since  I  came  into 
this  hall,  and  I  have  listened  to  all  the  arguments  and  I  have 
waited  for  the  gentleman  to  conclude  his  argument,  to  see  if 
I  could  be  convinced  that  the  duty  of  Wyoming  was  to  levy 
a  tax  upon  a  special  article,  upon  a  special  industry,  and  I 
said  to  myself,  how  can  we  do  this  thing?    This  is  opposed  to 
the  great  economic  law,  and  we  have  laid  down  in  our  declara- 
tion of  rights  a  provision  which  says  that  taxation  shall  be 
equal  and  uniform,  and  I  believe  that  no  people  can  ignore  the- 
great  economic  law  that  has  commanded  the  respect  of  all 
statesmen  of  every  land.    What  we  need  is  capital,  incorporat- 
ed capital,  we  want  it  to  build  railroads,  our  farms  should  be 
traversed  by  railroads,  our  iron  mountains  should  be  developed 
for  their  mineral  resources,  our  soda  lakes  should  have  devel- 
opment,    our     iron     mountains     would     have     development,, 
and  we  should  see  prosperous  cities  springing  up  everywhere. 
Why  has  Colorado  becomej  the  great  state  she  is?     Because 
she  has  welcomed  capital,  she  has  not  closed  her  gates,  she 
has  opened  them  wide,  and  Colorado  today  is  a  workshop,. 
Colorado  is  alive  with  industry,  she  has  some  of  the  finest  in- 
stitutions in  the  country,  and  has  made  wonderful  develop- 
ment and  progress.     Such  a  policy  is  a  wise  policy  that  en- 
courages capital.    As  I  understand  it  is  not  intended  by  this 
substitute  to  exempt  these  minqs  from  taxation  for  all  time 
to  come,  but  only  for  a  term  of  years,  in  order  to  foster  an  en- 
terprise that  requires  capital,  and  we  should  not  forget  that. 


PROCEEDINGS  AND  DEBATES.  673 

great  risks  are  involved  in  the  investment,  of  capital  in  a  new 
industry  in  a  new  country,  and  it  is  intended  by  this  to  offer 
an  inducement  to  capital  to  come,  in)  order  that  our  resources 
may  be  more  thoroughly  and  more  promptly  developed.  It 
would  be  delightful  to  have  fifty  thousand  dollars  a  year  from 
this  source  for  the  support  of  the  state,  but  let  us  rather  fos- 
ter with  zealous  care  all  the  industries  of  the  state,  and  let 
every  industry  pay  its  share,  and  bear  its  share  of  the  burdens 
of  taxation  gladly,  as  I  believe  they  will.  We  are  not  so 
poor,  so  ground  down,  so  utterly  without  resources  that  we 
cannot  bear  the  burdens  of  a  state,  let  us  remember  that,  and 
welcome  capital,  in  the  hope  that  the  burden  will  soon  be  dis- 
tributed among  millions  of  people,  a.nd  with  these  millions  of 
capital  it  will  be  easier  to  make  our  progress  and  development. 
Then  the  grand  justice  of  this  proposition,  and  justice  is  be- 
yond all  question,  all  sense  of  gain.  We  have  laid  down  a 
constitution  as  broad  as  the  world,  as  wide  as  humanity,  and 
shall  we  disfigure  it  by  putting  into  it  a  tax,  a  special  tax  for 
for  the  main  support  of  the  government,  let  us  rather  adopt 
a  broader,  more  statesmanlike  policy  as  it  seems  to  me.  and 
bide  our  time  patiently,  leaving  this  matter  to  be  settled  in 
the  future. 

Mr.  BURRITT.  I  just  desire  to  ask  a  question  of  the  last 
speaker.  If  the  general  prosperity  of  Colorado  is  due  to  her 
having  thrown  open  her  doors,  and  because  of  her  having  this 
provision  in  her  constitution,  how  is  it  that  Nevada,  with  even 
a  broader  provision  in  her  constitution  than  this,  has  no  pros- 
perity? 

Mr.  HOYT.  I  don't  know  about  that,  but  if  Colorado  had 
adopted  a  more  conservative  policy  than  she  did,  she  would 
not  have  met  with  the  success  that  she  has,  and  made  such 
rapid  progress. 

Mr.  BUKKITT.  While  you  have  been  talking  of  equality 
and  justice,  I  desire  respectfully  to  call  your  attention  to  the 
fact  that  this  evening  the  speeches  have  been  very  long  and 
very  rapid,  and  however  pleasant  they  may  have  been  to  the 
listener,  they  have;  been  very  fatiguing  to  the  young  lady  who 
is  taking  notes,  and  on  behalf  of  the  young  lady  who  is  mak- 
ing a  shorthand  report  of  this,  I  suggest  that  if  the  committee; 
is  not'ready  to  take  a  vote  on  this  question,  that  it  now  rise- 
and  ask  leave  to  sit  again. 

Mr.  TESCHEMACHER.  Let  us  take  a  vote  upon  it  now, 
we  all  know  how  we  are  going  to  vote  upon  it. 

Mr.  CHAIRMAN.  The  question  is  upon  the  substitute  of- 
fered by  Mr.  Hay.  Are  you  ready  for  the  question?  All  in 
favor  of  the  substitue  offered  by  the  gentleman  from  La  ramie 
will  say  aye;  contrary  no.  The  noes  have,  it;  the  substitute  is 
lost. 

— 43 


674  CONSTITUTIONAL  CONVENTION. 

Mr.  BAXTER.    I  move  this  committee  now  rise  and  report. 

Mr.  CHAIRMAN.    It  is  moved  and  seconded  that  this  corn^ 
mittee  do  now  rise  and  report.    All  in  favor  of  the  motion  will 
say  aye;  contrary  no.    The  ayes  have  it;  the  committee  will 
now  lAse. 
Mr.  President: 

Your  committee  of  the  whole,  having  had  under  considera- 
tion the  substitute  for  Files  7,  26,  27,  41,  54  and  55,  report  pro- 
gress and  ask  leave  to  sit  again. 

C.  H.  BURRITT,  Chairman. 

Mr.  PRESIDENT.  Gentlemen,  you  have  heard  the  report 
of  your  committee.  What  is  your  pleasure? 

Mr.  CAMPBELL.    I  move  the  report  be  adopted. 

Mr.  PRESIDENT.  Gentlemen,  you  have  heard  the  motion. 
Are  you  ready  for  the  question?  All  in  favor  of  the  motion 
will  say  aye;  contrary  no.  The  ayes  have  it;  the  motion  pre- 
vails ;  the  report  is  adopted. 

Mr.  BAXTER.  I  move  we  do  now  adjourn  until  0  o'clock 
tomorrow  morning. 

Mr.  PRESIDENT.  Gentlemen,  you  have  heard  the.  motion. 
Are  you  ready  for  the  question?  All  in  favor  of  the  motion 
will  say  aye;  contrary  no.  The  ayes  have  it;  the  motion  pre- 
vails. 


TWENTY-FIRST  DAY. 
MORNING  SESSION. 


Wednesday  morning,  Sept.  25,  1SS9. 

Mr.  PRESIDENT.    Convention  come  to  order. 

Roll  call. 

Mr.  TESCHEMACHER,  Mr.  Organ  requested  me  to  ask 
that  he  be  excused.  He  was  called  out  of  town  this  morning, 
but  will  be  back  this  afternoon. 

Mr.  PRESIDENT.  If  there  is  no  objection  Mr.  Organ  will 
be  excused. 

(Reading  of  the  journal.) 

Any  corrections  to  the  journal?  The  chair  hears  none; 
it  will  stand  approved. 

Was  there  any  action  taken  on  the  proposition  to  amend 
the  rules  for  the  purpose  of  creating  another  committee  on  ad- 
dress to  the  people  and  congress?  Notice  was  given,  but  1 
think  no  action  was  taken. 


PROCEEDINGS  AND  DEBATES.  675 

Mr.  CAMPBELL.  I  gave  notice  to  that  effect  the  other 
day,  but  some  of  the  melnbers  seemed  to  think  it  should  be 
made  a  special  committee,  and  the  rules  need  not  be  amended. 
I  forgot  to  bring  the  matter  up  again,  and  I  therefore  ask  that 
.a  special  committee  be  appointed  if  it  can  be  done. 

Mr.  PRESIDENT.  If  there  is  no  objection  the  chair  will 
appoint  such  committee.  Are  there  any  propositions  or  resolu- 
tions to  be  presented  this  morning?  Reports  of  committees? 

Mr.  TESCHEMACHER.  Committee  No.  19  would  like  to 
report  back  File  No.  00  and  substitute  for  File  31  as  properly 
•engrossed. 

Mr.  PRESIDENT.  Any  further  reports?  Final  reading 
and  passage  of  files  and  propositions.  File  82,  police  powers, 
substitute  for  which  was  recommended  adopted  by  the  com- 
mittee of  the  whole.  The  secretary  will  read  the  substitute. 

(Reading  of  File  82.) 

Mr.  PRESIDENT.  Final  reading  of  File  82.  Are  there 
:any  amendments?  The  question  is  upon  the  final  passage  of 
FiL  82.  All  who  are  of  the  opinion  that  the  file  should  be 
adopted  as  a  part  of  the  constitution  will  say  aye  as  their 
names  are  called;  those  of  the  opposing  opinion  will  say  no. 
The  secretary  wall  call  the  roll. 
(Roll  call.) 

Mr.  PRESIDENT.  Gentlemen  of  the  convention,  your  vote 
-on  File  82  stands  as  follows:  Ayes,  29;  absent,  20.  By  your 
vote  you  have  adopted  File  82  as  a  part  of  the  constitution. 
There  is  upon  the  table  this  morning  File  No.  60,  reported  back 
by  the  committee  on  engrossment,  and  it  is  now  ready  for  final 
reading  and  passage.  The  file  refers  to  federal  relations.  Do 
you  desire  the  file  to  be  read  by  sections  for  amendment  be- 
fore final  reading? 

Mr.  POTTER.  Is  that  the  one  that  is  in  the  nature  of  ordi- 
nances? Thejre  are  two  printed  files  here  and  I  don't  know 
•which  one  it  is. 

Mr.  PRESIDENT.  This  was  introduced  by  Mr.  Fox.  The 
first  section  reads:  ''The  state  of  Wyoming  is  an  inseparable 
part  of  the  federal  union,''  etc.  If  there  is  no  desire  to  amend 
the  secretary  will  read  at  length. 

Mr.  POTTER.  I  think  there  is  something  omitted  in  that 
as  it  stands,  and  I  think  it  is  necessary  that  it  should  go  in. 
The  senate  bill  provides  that  the  convention  shall  declare  by 
ordinances  irrevocable  without  the  consent  of  the  United 
States  and  the  people  of  said  state,  certain  things.  And  I 
think  the  following  words :  "The  following  article  shall  be  irre- 
vocable without  the  consent  of  the  United  States  and  the  peo- 
ple of  this  state,"  ought  to  go  in  there.  They  were  in  the  print- 
ed bill,  but  are  not  in  there  now. 

Mr.  PRESIDENT.  Gentlemen  of  the  convention,  it  is  ap- 
parent that  there  is  an  error  in  the  engrossed  file;  these  words 


676  CONSTITUTIONAL  CONVENTION. 

are  omitted  from  the  first  section  of  the  original  bill  as  it  ap- 
pears now  engrossed.  "The  following  article  shall  be  irrevo- 
cably without  the  consent  of  the  United  States  and  the  peo- 
ple of  this  state.  If  there  is  no  objection  these  words  will  be 
placed  at  the  head  of  the  engrossed  bill.  Is  there  objection?' 
The  chair  hears  none;  the  secretary  will  place  the  words  indi- 
cated at  the  head  of  the  first  section.  The  secretary  will  read1 
the  file  at  length. 

(Final  reading  of  File  60.) 

Gentlemen,  the  question  is  now  upon  the  final  passage  of 
the  file  as  read  as  a  part  of  the  constitution.  As  many  as  are 
of  the  opinion  that  File  No.  60  as  read  be  adopted  as  a  part 
of  the  constitution  of  the  state  of  Wyoming  will  say  aye  as 
their  names  are  called;  those  who  are  of  the  opposite  opinion 
will  say  no.  The  secretary  will  call  the  roll. 

(Roll  call.) 

Gentlemen,  your  vote  on  File  No.  60  is  as  follows:  Ayes,  29; 
nays,  none;  absent,  20.  Gentlemen,  by  your  vote  you  have 
adopted  File  No.  60  as  a  part  of  the  constitution  of  the  state 
of  Wyoming.  The  file  will  now  be  referred  to  the  revision 
committee. 

The  next  file  is  File  No.  31% 

Mr.  CHAIRMAN.  The  question  will  now  be  upon  the  final 
reading  and  passage  of  the  substitute  for  File  31,  on  railroads,, 
the  same  being  reported  back  as  correctly  engrossed.  It  may 
be  read  by  sections  if  it  is  desired  to  amend,  otherwise  it  will 
be  read  at  length. 

(Reading  of  Sees.  1  and  2.) 

Mr.  CLARK.  I  jdesire  to  offer  an  amendment.  I  move  to 
amend  by  inserting  after  the  word  "families'7  the  words  "min- 
isters of  the  gospel." 

Mr.  CHAIRMAN.  Gentlemen,  you  have  heard  the  motion.. 
Are  you  ready  for  the  question?  All  in  favor  of  the  motion 
will  say  aye;  contrary  no.  The  ayes  have  it;  the  motion  pre- 
vails. 

Mr.  HARVEY.  I  move  an  amendment  to  submit  to  the  con- 
vention. Strike  out  all  of  Sec.  2  after  the;  word  "carriers,'' 
the  part  excepting  employes  and  their  families  and  minis- 
ters of  the  gospel. 

Mr.  HAY.    Second  the  motion. 

Mr.  HARVEY.  I  don't  think  that  ought  to  go  into  the  con- 
stitution, not  because  I  am  not  in  sympathy  with  the  employes 
of  railroad  people,  for  I  believe  they  are  a  very  deserving  peo- 
ple, but  I  don't  think  we  ought  to  embody  provisions  of  this 
sort  in  our  constitution,  singling  out  one  class  of  people  to 
the  exclusion  of  all  others,  is  a  sort  of  special  legislation  that 
we  are  all  opposed  to. 

Mr.  BAXTER.  I  hope  this  will  not  carry.  I  have  no  mor& 
desire  to  load  this  constitution  wTith  useless  provisions  and  ex- 


PROCEEDINGS  AND  DEBATES.  677 

•ceptions  than  any  other  member  of  this  convention,  but  we 
have  talked  up  and  down  arid  on  all  sides  of  this  three  or  four 
times,  on  first  one  thing  and  then  another,  and  wasting  a  good 
deal  of  time  over  it.  It  sel?ms  to  me  that  this  is  just  about 
right,  excepting  that  it  is  a  little  clumsy.  [  don't  think  the 
reading  is  as  finished  as  it  ought  to  be,  but  I  think  it  proper 
to  make  these  exceptions.  Let  it  read  without  any  exceptions, 
strike  out  "excepting  employes  and  their  families  and  minis- 
ters," and  add  a  separate  sentence  "employes  and  their  farni 
lies  and  ministers  of  the  gospel  are  excepted  from  the  operation 
of  this  clause."  If  the  clerk  will  read  the  section  you  will  see 
it  is  a 'little  clums}^. 

Mr.  POTTER.  That  is  a  matter  the  revision  committee  can 
attend  to. 

Mr.  BAXTER.  I  understand  that  The  revision  committee 
have  the  power  to  change  the  language  as  long  as  the  idea  is 
retained,  but  they  have  not  the  power  to  interpret  the  mean- 
ing of  this  section.  They  are  not  peinitted  to  change  the 
meaning,  but  change  the  language,  and  make  it  clear  and  con- 
cise to  express  the  ide^i  contained,  but  when  you  come  to 
change  the  language  you  may  change  the  meaning,  and  this  I 
think  is  very  clumsy. 

Mr.  HOYT.  I  wish  it  to  be  distinctly  understood  I  am 
not  opposed  to  the  object  to  be  accomplished  by  this  section, 
as  I  think  there  should  be  some  way  to  protect  employes  of  a 
railroad  in  this  matter,  as  they  of  necessity  move  back  and 
forth  a  great  deal,  and  I  want  to  ask  the  gentleman  from  Uinta 
if  he  cannot  form  a  substitute  that  will  cover  the  ground  in  a 
more  suitable  manner? 

Mr.  CLARK.  I  will  answer  and  say  that  f  cannot  improve 
on  the  language  of  the  inter-state  commerce  bill,  and  this  is 
the  way  the  inter-state  commerce  bill  reads  word  for  word. 

Mr.  COFFEEN.  I  hope  this  amendment  will  not  carry.  1 
think  this  is  just  about  ri^ht  as  it  stands,  and  I  fe^l  just  as 
Governor  Baxter  does  on  this  question. 

Mr.  PRESIDENT.  The  question  is  on  the  motion  to  strike 
out  all  after  the  word  "carriers"  in  the  sixth  line.  All  in  fa- 
vor of  the  amendment  w?ill  say  aye;  contrary  no.  The  noes 
have  it;  the  amendment  is  lost. 

I  wish  to  remind  the  convention  at  this  point  that  before 
taking  up  this  file  to  be  finally  read  I  stated  that  it  might  be 
read  by  sections  in  order  that  it  might  be  amended  if  desired. 
Now7  in  this  final  reading  we  are  wasting  a  good  deal  of  time 
over  little  immaterial  things,  and  I  shall  pretty  soon  enforce 
the  rule  and  have  these  files  read  at  length  and  not  amended 
if  this  does  not  cease.  The  clerk  will  read  the  file. 

(Final  reading  of  the  file.) 

Are  there  any  further  amendments?  The  chair  hears  none. 
The  question  is  on  the  adoption  of  the  file  as  read  as  a  part 


678  CONSTITUTIONAL  CONVENTION. 

of  the  constitution.  All  those  who  are  of  the  opinion  that  the 
file  as  read  be  adopted  as  a  part  of  the  constitution  will  say  as 
their  names  are  called;  those  of  the  opposing  opinion  will  say 
no.  The  clerk  will  call  the  roll. 

(Roll  call.) 

Gentlemen,  the  vote  on  File  31  is  as  follows:  Ayes,  29;  noes,. 
none;  absent,  20.  Gentlemen,  by  your  vote  you  have  adopted 
the  substitute  for  File  31,  on  railroads,  as  a  part  of  the  consti- 
tution of  the  state. 

Mr.  TESCHEMACHER,  If  the  convention  desire  the  en- 
grossing committee  are  ready  to  make  another  report. 

Mr.  PRESIDENT.  Is  there  objection  to  the  committee  re- 
porting at  this  time?  The  chair  hears  none;  the  committee 
may  report. 

Mr.  TESCHEMACHER.  Mr.  President,  your  committed 
No.  19  beg  leave  to  return  File  No.  85  and  substitute  for  Files 
11,  38,  42  and  72,  on  corporations,  as  properly  engrossed. 

Mr.  PRESIDENT.  Gentlemen,  File  No.  85  is  reported  back 
as  properly  engrossed,  and  is  now  ready  for  final  reading  and. 
passage.  It  reads  as  follows:  "File  85,  concerning  labor. 
Sec.  1.  No  more  than  eight  (8)  hours  shall  constitute  a  lawful 
day's  wrork  in  all  mines,  and  on  all  state  and  municipal  works.'7 

Does  the  convention  desire  to  amend?  Otherwise  it  will 
be  put  upon  its  final  reading  and  passage. 

Mr.  GRANT.  I  would  like  to  offer  an  amendment  by  strik- 
ing out  the  first  three  words  "no  more  than." 

Mr.  COFFEEN.  Mr.  Chairman,  I  think  probably  the  gen- 
tleman has  the  same  impression  about  this  matter  that  I  had, 
but  on  discussing  the  question  I  found  I  was  mistaken.  It 
says  "no  more  than  eight  hours."  Now  the  purpose  is  that  that 
may  be  reduced  by  the  legislature  but  not  increased,  while  if 
you  strike  out  the  words  "no  more  than"  it  wrould  leave  it  so 
it  could  not  be  reduced.  Taking  that  into  consideration,  I  am 
in  favor  of  the  file  just  as  it  reads. 

Mr.  PRESIDENT.  Gentlemen,  you  have  heard  the  motion 
that  the  file  be  amended  to  read  "eight  hours  shall  constitute 
a  day's  work."  Are  you  ready  for  the  question?  All  in  favor 
of  the  motion  will  say  aye;  those  opposed  no.  The  ayes  seem 
to  have  it.  Those  in  favor  of  the  motion  will  rise  and  stand 
until  counted — 13.  Those  opposed  will  rise — 12.  The  motion 
to  strike  out  prevails.  The  question  is,  now  on  the  final  pas- 
sage of  the  file.  The  secretary  will  read  the  file  as  amended. 

(Reading  of  File  85.) 

The  vote  is  now  on  the  final  passage  of  the  file.  All  of  the 
opinion  that  the  file  be  adopted  as  a  part  of  the  constitution 
will  say  aye  as  their  names  are  called;  those  of  the  opposite 
opinion  will  say  no.  The  clerk  will  call  the  roll. 

(Roll  call.) 


PROCEEDINGS  AND  DEBATES.  679 

Gentlemen,  the  vote  on  File  85  is  as  follows :  Ayes,  20 ;  noes, 
3.  By  your  vote  you  have  adopted  File  85  as  a  part  of  the  con- 
stitution. The  next  is  the  file  on  corporations,  substitute  for 
Files  11,  38,  42  and  72,  reported  by  the  committee  of  the  whole, 
with  the  recommendation  that  it  be  adopted.  The  file  is  now 
rejported  as  correctly  engrossed.  Do  you  desire  it  read  by  sec- 
tions in  order  to  amend?  The  file  will  now  be  read  at  length 
as  the  final  reading.  Is  there  objection  to  its  being  so  read? 

Mr.  HARVEY.  I  should  like  to  offer  an  amendment  to  Sec. 
tion  15. 

Mr.  PRESIDENT.    Sec.  15  will  be  read. 

Mr.  HARVEY.  I  offer  this  amendment  simply  because  on 
talking  with  a  number  of  the  members  there  seems  to  be  con- 
siderable doubt  as  to  whether  there  is  any  need  of  it  in  connec- 
tion with  Sec.  10.  I  therefore  move  to  strike  out  Sec.  15. 

Mr.  POTTER.    Second  the  motion. 

Mr.  PRESIDENT.  The  recollection  of  the  chairman  about 
this  matter  is  that  a  vote  was  takens  in  committee  of  the 
whole,  on  a  motion  to  strike  out  this  section;  that  the  commit- 
tee refused  to  strike  iti  out,  that  the  bill  as  nowT  read  was  re- 
ported back  with  the  recommendation  that  it  do  pass,  that  the 
convention  as  a  whole  adopted  the  report  of  the  committee, 
and  thereby  settled  its  action  as  to  this  section.  Am  I  correct 
in  the  history  of  this  matter?  If  the  convention  will  vote  a 
motion  to  strike  out  all  right,  but  I  am  in  doubt  about  its  pro- 
priety under  the  rules. 

Mr.  HARVEY.     I  withdraw  my  motion. 

Mr.  PRESIDENT.  The  chair  does  not  make  this  suggestion 
for  any  reason  except  that  it  doubts  the  propriety  of  the  mo- 
tion, upon  this  proposition  the  convention  seems  to  have  acted, 
and  I  believe  the  motion  should  be  to  reconsider  in  order  to 
bring  it  up  again,  but  notwithstanding  I  will  put  the  motion 
if  the  convention  desires  it  put. 

Mr.  BURRITT.  I  object  to  the  withdrawal  of  the  motion 
to  strike  out  Sees.  10  and  15,  covering  the  same  subject.  They 
are  not  exactly  harmonious,  and  will  lead  to  difficulty  in  the 
construction  of  the  intention  of  this  file. 

Mr.  PRESIDENT.  Objection  is  made  to  the  withdrawal 
of  the  motion.  The  chair  will  put  the  motion.  The  secretary 
will  call  the  roll  on  the  proposed  amendment. 

(Roll  call) 

Gentlemen,  the  vote  on  the  motion  to  strike  out  is  as  fol- 
lows: Ayes,  19;  noes,  12.  By  your  vote  you  have  decided  to 
strike  out  Sec.  '11  of  the  engrossed  bill,  Sec.  15  of  the  print- 
ed file,  I  believe.  Are  there  any  further  amendments?  The 
question  is  oni  the  final  reading  and  passage  of  the  bill.  Is 
there  objection?  The  chair  hears  none;  the  secretary  will  read 
the  file  at  length. 


6So  CONSTITUTIONAL  CONVENTION. 

(Reading  of  the  file.) 

All  who)  are  of  the  opinion  that  the  file  be  adopted  as  a 
part  of  the  constitution  will  say  aye  as  their  names  are  called; 
those  of  the  opposing  opinion  will  say  no.  The  secretary 
will  call  the  roll. 

(R611  call.) 

Mr.  BURRITT.  I  desire  to  state  that  T  have  very  great 
doubts  about  this  being  of  any  value  the  way  it  stands,  but  1 
am  not  sufficiently  certain  to  vote  against  it,  so  I  vote  aye  un- 
der protest. 

Mr.  CAMPBELL.  I  simply  desire  to  reiterate  what  Mr. 
Burritt  has  said,  and  vote  aye. 

Mr.  CLARK.  There  is  much  in  this  bill  that  does  not  ap- 
pear to  me  right,  but  in  view  of  the  great  good  there  is  in  it,  1 
vote  aye. 

Mr.  POTTER.  I  should  like  to  vote  for  every  section  in  this 
bill,  but,  J  cannot  vote  for  that  one  section,  so  I  must  vote 
against  the  whole  bill.  I  vote  no. 

Mr.  PRESIDENT.  Gentlemen,  the  vote  on  the  substitute 
is  as  follows:  Ayes,  26;  noes,  6;  absent,  1.7.  By  your  vote  you 
have  adopted  the  substitute  for  Files  11,  38,  42  and  72,  as  a 
part  of  the  constitution.  This  disposes  of  the  final  reading  of 
bills. 

Mr.  MORGAN.  I  move  we  now  go  into  committee  of  the 
whole  for  consideration  of  the  revenue  bill. 

Mr.  PRESIDENT.  Gentlemen,  it  is  moved  and  seconded 
that  we  now  go  into  committee  of  the  whole  for  consideration 
of  the  revenue  bill.  Are  you  ready  for  the  question?  All  in 
favor  of  the  motion  will  say  aye;  contrary  no.  The  ayes  have 
it;  the  motion  prevails.  Will  Mr.  Johnston  take  the  chair? 

Mr.  CHAIRMAN.  The  clerk  will  please  read  the  first  sec- 
tion of  the  bill. 

Mr.  HARVEY.  I  desire  to  offer  a  substitute  to  that  sec- 
tion. 

Mr.  CHAIRMAN.  The  clerk  will  read  the  substitute  offered 
by  the  gentleman  from  Converse,  Mr.  Harvey. 

CLERK.  "The  legislature  shall  provide  by  law  for  a  uni- 
form and  equal  rate  of  assessment  and  taxation,  and  shall 
prescribe  such  regulations  as  shall  secure  a  just  valuation  for 
the  taxation  of  all  property,  real  and  personal  and  possessory, 
excepting  mines  and  mining  claims,  the  output  of  which  alone 
shall  be  taxed." 

Mr.  CHAIRMAN.  Gentlemen,  you  have  heard  the  substi- 
tute for  Sec.  1.  What  is  your  pleasure? 

Mr.  MORGAN.  I  desire  to  offer  an  amendment  to  Sees.  8 
and  5,  and  I  offer  it  at  once  because  the  matters  contained 
in  these  first  five  sections  is  the  question  now  before  the  com- 
mittee. ;J  move  to  amend  in  the  fifth  line  of  Sec.  3  by  adding 


PROCEEDINGS  AND  DEBATES.  68 1 

the  words  "or  sold  by  a  corporation"  after  the  words  "mined 
therefrom." 

Mr.  CHAIRMAN.  I  belieA7e  these  three  sections  were  all 
•discussed  together  last  evening.  Do  you  wish  to  do  so  thi* 
morning?  If  there  is  no  objections  these  sections  will  all  be 
•considered  together. 

Mr.  MORGAN.  I  desire  to  amend  Sec.  5  by  striking  out  all 
.after  the  words  "provided  by  law"  in  the  third  line  and  insert- 
ing "in  such  manner  as  may  be  provided  by  law,  and  in  the  ab- 
sence of  a  law  providing  for  taxation  on  the  gross  product  or 
such  mines  they  shall  be  listed  for  assessment,  valued  for  tax- 
ation, and  assessed  according  to  value." 

Mr.  CAMPBELL.  I  don't  quite  understand  the  substitute. 
It  seeing  toj  me  from  the  reading  of  it,  that  the  only  way  we 
could  tax  mineral  lands  or  mineral  of  any  kind  would  be  to 
tax  the  output.  Now  I  know,  and  a,  good  many  others  know, 
that  persons  in  New  York  have  succeeded  in  getting  title  to 
a  large  body  of  coal  land  for  the1,  purpose  of  speculation,  and 
they  propose  to  let  those  lands  lie  there,  without  undertaking 
to  develop  them,  until  the  right  time  comes  and  they  see  fit  to 
operate  them  and  take  the  coal  out,  and  this  substitute  will 
be  a  great  inducement  to  them  to  do  that  very  thing,  to  hold 
these  lands  and  not  operate  them,  if  you  are  going  to  reserve 
the  lands  from  taxation.  I  cannot  conceive  of  a  more,  unjust 
proposition  than  that. 

Mr.  FOX.  It  seems  to  me  that  one  thing  has  been  omitted 
in  all  these  amendments  that  have  be\?n  offered  here.  There 
has  been  no  provision  of  any  kind  or  shape  providing  for  the 
taxation  of  personal  property.  Now  this  amendment  offered 
by  the  gentleman  from  Converse  county  seems  to  cover  that 
point,  and  I  think  should  be  inserted  here. 

Mr.  CHAIRMAN.  Gentlemen,  the  question  is  upon  the 
adoption  of  the  substitute  to  Sec.  1,  offered  by  Mr.  Harvey. 
Are  you  ready  for  the  question?  All  in  favor  of  the  motion  will 
sayl  aye;  contrary  no.  The  noes  have  it;  the  motion  is  lost. 
The  question  is  now  on  Sec,  1  of  the  original  bill. 

Mr.  BROWN.  We  were  considering ,  Sees.  2,  3,  4  and  5. 
Jf  we  are  still  considering  these  sections  I  desire  to  offer  a  sub- 
stitute to  Sees.  3  and  5. 

Mr.  CHAIRMAN.  I  believe  Mr.  Morgan's  amendments 
take  the  preference. 

Mr.  MORGAN.  Mr.  Chairman.  I  listened  patiently  and 
with  the  greatest  interest,  to  the  eloquent  address  yesterday 
afternoon  and  last  evening  of  the  gentleman  from  Albany, 
Judge  Brown,  and  the  splendid  speech  of  tin*  gentleman  from 
TTinta,  Mr.  Clark,  and  as  wejl  as  other  able  arguments  from 
other  gentlemen.  We  find,  Mr.  Chairman,  that  the  large 
amount  of  the  wealth  of  coal  in  this  territory  is  not  taxed  as  it 
should  be  under  the  present  system,  in  accord  with  the  ratio  of 


682  CONSTITUTIONAL  CONVENTION. 

other  taxes,  and  that  must  be  corrected.  That  must  be  recti- 
fied, they  must  be  taxed  so  that  we  will  have  equal  taxation  In 
this  territory.  We  have  under  the  present  system  unjust  tax- 
ation, and  we  should  oblige  by  provision  in  this  constitution 
those  industries  which  do  not  bear  their  fair  proportion  of  the 
taxes  to  pay  thc-ir  full  share.  Now  when  anyone  intends  to 
come  to  this  territory,  the  first  thing  they  ask  is  what  is  the 
rate  of  taxation?  They  find  it  is  from  three  to  four  per  cent, 
and  the  man  who  lives  east  says  to  himself,  I  can  get  four  ptr 
cent  on  government  bonds  and  other  securities,  arid  if  I  go  to 
Wyoming  I  must  pay  three  per  cent  or  four),  per  cent  before  I 
can  start  or  begin  to  get  any  compensation  for  tin?  investment 
of  my  money.  That  is  the  situation,  and  that  is  what  we  hare 
got  to  meet.  I  have  inserted  in  this  section  three  the  worti 
"corporation"  and  why?  Why  not  tax  every  person  who  has 
an  output  of  coal  in  this  territory?  Why,  sir,  because  corpora- 
tions secure  from  the  state  bigger  privileges.  Because  corpo* 
rations  can  come  ajong,  and  if  I  have  a  home  that  suits  mer 
if  I  do  not  want  to  sell  it  for  any  price  whaever,  and  if  I 
wrant  it  there  and  upon  my  ground,  a  corporation  can  come 
along  and  have  that  condemned,  and  take  it  for  their  corpo- 
rate property,  because  the  state  gives  them  the  right  to  use- 
that  land,  by  surrendering  that  much  or'  the  state's  power; 
that  part  of  the;  people's  rights,  and  I  believe,  Mr.  Chairman, 
because  the  state  does  give  exclusive  rights  and  privileges  to 
corporations  that  they  should  pay  their  proportion  of  the  taxes, 
and  the  individual  operator  should  not  pay  taxe.-*  upon  his  own 
output,  because  he  pays  it  in  a  thousand  different  ways. 

You  ask  us  why  we  do  not  include  all  kinds  of  mines  in  this 
proposition.  I  will  tell  you  why.  We  tax  the  output  of  coal 
mines  because  that  is  an  established  industry,  and  because  it 
has  been  shown  to  us  upon  the  iloor  of  this  house  that  they 
make  a  large  profit,  and  can  well  stand  that  tax  at  the  pres- 
ent time,  and  we  do  not  tax  other  industries  at  this  time  be- 
cause we  do  not  know  what  to  tax  them,  but  I  am  willing  to 
leave  that  to  the  legislatures  of  Wyoming  to  say,  when  the 
proper  time  comes,  what  soda  shall  be  taxed,  so  it  will  bear 
its  just  proportion  of  the  burden,  what  oil  shall  be  taxed,  be- 
cause they  can  judge  and  we  cannot  what  amount  to  put  upon 
these  things,  at  the  present  time,  and  I  am  willing  to  trust  to 
the  legislature,  the  moment  soda  becomes  .sufficiently  developed 
so  that  it  can  bear  any  proportion  oi'  the  tax,  to  place  it  upon 
that  to  the  fullest  extent  that  justice  and  right  demand.  Jus- 
tice and  right  demand  that  we  should  have  an  equal  taxation,, 
and  we  will  have  it,  and  the  only  reason  that  we  do  not  tax 
the  other  minerals  is  because  they  are  yet  in  their  infancy,  we- 
do  not  know  what  to  tax  them,  but  are  willing  to  leave  it  to 
the  legislature  to  fix  that  amount:  Avhen  it  can  be  ascertained. 


PROCEEDINGS  AND  DEBATES. 


Mr.  OHAIKMAX.  <  l.-ntleuuMi.  the  (jiu-stioii  is  on  Mr.  Mor- 
gan's Amendment  to  So<-.  :',.  All  in  favor  of  the  amendment  will 
say  aye;  contrary  no.  The  r.o'js  have  it;  the  motion  to  amend 
Sec.  o  is  lost. 

The  question  is  now  on  Mr.  M  ^rg'sn's  amendment  to  Sec.  .">, 
to  strike  out  all  after  the  word*  *  'p1'  -jviued  by  law."  All  in  fa- 
vor of  the  motion  will  say  aye;  contrary  no.  The  noes  have  it; 
the  motion  to,  strike  out  U  lost. 

What  is  your  pleasure,  gentlemen? 

Mr.  BBOWN.  I  desire  to  offer  ns  a  snbsiiim"  for  Sees.  3 
jnxl  5,  the  following  amended  amendment:  "All  mines  and" 
mining  claims  from  which  gold,  silver  and  other  precious  met- 
als, soda,  saline,  coal,  mineral  oil,  or  other  valuable  deposit?, 
as  are  or  may  be  produced,  bhall  bo  taxed  in  addition  to  the  snr~ 
face  improvements,  and  in  lieu  of  taxes  on  the  lands,  on  the 
gross  product  thereof  as  may  be  prescribed  by  law,  provided 
that  the  product  of  all  mines  shall  be  taxed  in  proportion  to 
the  value  thereof,  and  provided  further,  that  the  output  of 
coal  mines  shall  be  taxed  at  not  less  than  one  cent  per  ton  for 
state  purposes  on  each  ton  of  coal  mined,  and  not  less  than- 
one-half  a  cent  per  ton  for  county  purposes  on  the  same  pro- 
duct. 

Mr.  VAGXEK.  As  a  citizen  of  a  coal  ronnty  1  am  oppos«-a 
to  that  amendment  for  this  reason.  There  is  not  the  right  pro- 
portion in  the  distribution  of  the  taxes,  between  the  state  and 
county.  The  taxes  collected  in  the  regular  way  now  are  dis- 
posed of  in  this  way.  I  think  about  eighty  per  cent  goes  to 
the  county  and  twenty  per  cent  to  the  territory.  Xow  I  think 
it  would  be  unjust  to  the  counties  that  produce  coal  to  give 
the  >tate  that  large  proportion  of  the  revenue  collected  in  the 
coal  mining  counties.  Is  there  to  be  a  revenue  on  coal  or  the 
output  of  coal  mines  the  counties  should  receive  their  just 
proportion,  the  same  as  any  other  taxes  collected.  For  that 
reason  I  am  opposed  to  the  amendment. 

Mr.  TKS(  HEMACHER  As  I  come  from  a  county  not  min- 
ing a  single  ton  of  coal,  T  should  be  on  the  other  sioV  of  the 
question,  but  I  think  Mr.  Vagner  is  right  and  I  will  vote  with 
him. 

Mr.  PALMER.  I  suppose  it  'is  not  necessary  for  me  to  say 
that  I  am  very  much  oppose*!  to  this  scheme  of  raising  a  rev- 
enue by  holding  up  the  coal  counties  to  do  it.  I  am  very  much 
surprised  that  gentlemen  who  have  given  this  subject  so  much 
attention  and  thought,  should  advocate  a  principle  of  taxation 
so  absurd,  ithat  the  man  who  operates  his  mine,  who  develops 
it,  who  puts  his  money  into  it,  shall  be  taxed  because  he  does 
that,  and  the  fellow  that  gets  hold  of  land  for  specula  t  TV  pur- 
poses shall  be  allowred  to  go  scott  free.  Under  the  provisions  of 
this  amendment  you  ttax  the  output  of  coal  mines  and  do  not 
tax  the  man  who  has  a  coal  mine  idle,  or  coal  land  and  don't 


684  CONSTITUTIONAL  CONVENTION. 

bring  it  into  use,  and  therefore  I  say  to  YOU  that  the  people  of 
Sweetwater  county  will  not  support  this  measure;  they  won't 
support  your  constitution,  and  I  tell  you  the  people  of  Sweejt- 
water,  and  Carbon,  and  Uinta,  counties  will  not  be  held  up 
in  any  such  manner  as  this.  I  know  how  they  feel  about  this; 
they  say  if  we  are  going  to  be  taxeld  here,  if  the  funds  of  this 
county  are  to  be  taken  from  us  for  the;  support  of  a  state  gov- 
ernment unjustly  and  out  of  all  proportion  we  will  not  sup- 
port your  constitution.  Now  I  want  you  gentlemen  to  consider 
that  in  your  deliberations.  I  don't  make  that  as  a  threat  at 
all.  Jf  you  don't  do  justice  to  us,  if  you  don't  treat  us  right, 
if  you  make  a  law  that  discriminates  unduly  against  us,  and 
.our  interests,  we  cannot  support  your  constitution,  and  you 
cannot  blame  us  for  it.  I  don't  know  where  this  scheme  or 
plan  originated,  but  its  effect  is  so  apparent  that  we  can  see 
the  object  of  it.  They  want  to  take  from  the  county  of  Sweet- 
water  probably  forty  or  fifty  thousand  dollars  a  year  for  county 
and  state  purposes,  where  you  cannot  take  a  cent  from  Lara- 
mie.  Laramie  has  no  such  taxation.  You  discriminate  against 
the  coal  business  entirely.  Some  of  these  gentlemen  in  this 
convention  are  interested  in  soda.  You  don't  want  to  toucn 
your  pet  interest,  but  you  jump  on  those  who  are  in  the  coal 
country.  Why  don't  you  tax  your  soda  lakes,  why  don't  you 
apply  this  to  all  the  other  mining  interests,  and  don't  discrim- 
inate against  the  coal  lands?  All  the  people  of  Sweet  water 
county  want  from  this  convention  is  justice,  and  if  they  don't 
.get  it  they  will  be  compelled  to  resort  to  other  means.  You 
cannot,  gentlemen,  as  a  principle  of  taxation  find  in  any  of 
the  books  ever  written  on  the  subject  a  just  cause  for  tax- 
ing one  particular  industry.  It  is  against  all  the  rules  of  sci- 
ence on  that  subject.  You  will  destroy  the  coal  proprietors 
of  Wyoming,  for  they  cannot  compete  with  the  Colorado  men, 
if  you  are  going  to  put  a  tariff  on  coal,  and  therefore  I  say  to, 
you,  if  this  provision  goes  in  the  people  of  Sweet  water  Will 
be  compelled  to  vote  against  this  constitution. 

Mr.  JEFFREY.  J  have  refrained  from  saying  anything  on 
this  subject  for  the  reason  that  I  was  in  hopes  some  of  the 
gentlemen  who  have  presented  to  the  committee  such  eloquent 
arguments  would  begin  at  the  very  foundation  of  the  business, 
which  I  believe  is  that  every  class  of  property  should  pay 
its  just  proportion  for  the  support  of  the  government  in  pro- 
portion to  its  value.  As  suggested  already  by  Mr.  Fox,  I  have 
been  unable  to  find  anywhere  in  this  revenue  file  any  pro- 
vision for  taxing  personal  property.  I  don't  think  it  gets  at 
the  matter  in  the  right  way.  I  believe  we  cannot  afford  to 
embody  in  this  constitution  any  thing  that  will  smack  in  the 
least  of  special  legislation,  or  that  will  tend  to  show  that  in 
our  minds  there  exists  any  intention  whatever  either  of  leg- 
islation for  or  against  any  property,  and  I  believe  when  you 


PROCEEDINGS  AND  DEBATES.  685 

come  to  look  into  this,  von  will  find  it  is  special  legislation. 
I  believe  the  terms  expressed  in  this  constitution  should  be 
broad  enough  to  cover  all  classes  of  property,  in  the  same  pro- 
vision, and  I  have  therefore  prepared  and  will  offer  as  a  sub- 
stitute the  following:  "The  legislature  shall  provide  for  such 
revenue  as  may  be  needful  by  levying  a  tax  by  valuation,  so 
that  every  person  and  corporation  shall  pay  a  tax  in  propor- 
tion to  its,  her  or  his  property  and  franchises,  the  value  to 
be  ascertained  in  such  manner  as  the  legislature  shall  direct.'7 
Now  in  regard  to  the  mining  question.  I  have  this  to  suggest. 
And  I  suggest  it  with  the  best  intentions  in  the  world.  If 
this  convention  sees  fit  to  place  a  maximum  and  a  minimum 
rate  of  taxation  upon  this  class  of  property,  I  can  see  no  ob- 
jection to  it,  and  I  would  not  offer  any  objection.  "All  mines 
and  mining  claims"  down  to  the  word  "provided,"  I  think  cov- 
ers the  whole  ground,  in  a  fair,  just  and  equitaible  manner.  If 
you  are  going  to  include  one  I  say  include  them  all. 

Mr.  BAXTER.  I  am  in  favor  of  the  amendment  as  offered 
by  Judge  Brown,  and  I  fail  to  seeliow  it  can  be  unjust  to  any 
man  or  to  any  interest.  It  seems  to  me,  as  well  as  I  can  judge 
from  hearing  it  read  once,  to  cover  about  the  ground  that  1 
took  last  night  on  this  question.  I  don't  believe  there  is  a  man 
in  this  convention  who  has  any  other  thought  or  desire  than 
doing  as  nearly  right  to  all  the  various  interests  to  be  taxed 
as  may  be  possible.  I  believe  we  want  to  do  what  is  right, 
the  only  question  is  as  to  what  is  right  in  this  case, 
and  how  to  get  at  it.  We  all  know  that  under  the  present  sys- 
tem of  taxation  the  coal  interests  have  not  been  paying  their 
just  proportion,  nobody  will  dispute  that  proposition. 

Mr.  PALMER,  Is  that  the  fault  of  the  law  or  the  mere 
administration  of  the  law  ? 

Mr.  BAXTER,  I  don't  know  that  it  is  necessary  to  say 
where  the  fault  lies,  possibly  it  is  with  the  administration  of 
the  law,  but  the  fact  cannot  be  disputed  that  the  coal  inter- 
ests have  not  been  bearing  their  just  proportion  of  the  burdens 
of  taxation,  and  it  is  fair  to  assume  that  a  change  of  govern 
ment,  leaving  the  old  system,  the  law  as  it  is  now  in  vogue,  is 
not  going  to  make  any  improvement  in  it. 

Here  are  all  kinds  of  interests  that  are  taxed  according  to 
their  supposed  valuation,  real  estate  in  the  city,  its  value  is 
ascertained  and  it  is  taxed  according  to  its  value,  ranch  prop- 
erty in  the  country,  its  value  is  ascertained  and  it  is  taxed  ac- 
cording: to  its  value,  while  so  far  as  we  can  see  the  method 
now  in  vogue  operates  all  right  except  as  to  the  question  or 
coal.  The  same  condition  might  exist  if  Ave  had  the  same  de- 
velopment in  other  mineral  lands,  so  we  could  pass  an  opinion 
upon  it,  know  what  it  is  worth,  but  we  have  not  any  such  de- 
velopment up  to  this  time. 


,686  CONSTITUTIONAL  CONVENTION. 

Now  this  amendment  does  not  propose  any  injustice  at 
all,  but  siiiply  tlio  method  by  which  this  tax  shall  be  levied. 
Here  is  a  eoal  property,  its  value  should  be  determined  by  the 
value  of  the  coal  that  lies  within  its  five  or  six  sections  of 
land.  The  value  primarily  is  in  the  value  of  the  improvements 
put  there  to  operate  the  mine.  It  may  cost  fifty  thousand  dol- 
lars to  operate  this  or  that  mine,  and  the  product  of  that  mine 
may  be  worth  two  hundred  million.  Now  the  value  of  this 
property  is  in  the  value  of  the  product  that  it  will  produce. 
How  are  you  going  to  determine  what  that  product  is?  We 
^can  only  tell  what  is  in  there  by  what  comes  out  of  the  ground, 
and  we  will  tax  it  as  it  comes  out  of  the  ground. 
.Not  say  it  is  worth  twenty  or  fifty  dollars  an  acre,  but  we  will 
arrive  at  its  value  by  the  value  of  that  which  comes  out  ot 
the  ground  as  an  evidence  of  it.  There  is  no  injustice  in  it, 
and  here  is  the  difference  it  seems  to  be  in  attemping  to  fix 
the  value  on  the  land.  If  you  take  a  tract  of  land  worth  a  mil- 
lion dollars,  because  of  the  value  of  the  coal  on  it,  and  tax 
it.  on  the  million  dollars  valuation  from  the  time  it  becomes 
the  property  of  a  coal  company  and  before  they  have  suffi- 
ciently developed  it  to  get  anything  out  of  it,  you  are  placing 
a  heavy  burden  on  them  to  begin  with,  and  the  tax  would  not 
increase  or  decrease  as  the  coal  became  exhausted.  Now  un- 
der this  S3rstem,  the  value  would  be  upon  what  it  produces,  it 
the  output  became  smaller  it  would  pay  a  smaller  tax,  if  the 
output  increased  it  would  increase  the  tax.  As  for  any  dis^ 
crimination  against  coal  in  favor  of  any  other  interest,  it  is 
provided  thdt  the  legislature  shall  in  the  future  tax  mineral, 
oil,  soda,  silver,  or  anything  else,  that  isi  a  natural  deposit  in 
the  ground,  and  it  should  be  taxed.  We  don't  do  it  now  be- 
cause we  cannot  do  it  intelligently,  but  we  have  a  sufficient  de- 
velopment of  coal  to  act  intelligently  upon  the  question  of  coal. 
It  ought  be  at  least  one  cent  for  every  ton  mined.  I  have  talk- 
ed with  several  gentlemen  about  these  other  minerals  and  they 
all  say  that  they  have  not  sufficient  knowledge  to  fix  any  fig- 
ure upon  these  other  minerals,  but  we  make  it  the  duty  of  the 
legislature  from  time  to  'time  to  tax  the  output  of  all  other 
mines,  or  oil,  or  anything  else  taken  from  the  ground,  for  the 
support  of  the  state  in  such  manner  as  shall  be  fair  and  just, 
and  tax  it  on  the  same  system  as  we  have  adopted  for  coal. 

Mr.  JEFFREY.  May  I  ask  one  question?  Would  it  not  be 
fair  to  fix  an  advalorem  tax,  a  certain  per  cent  upon  the  value 
of  the  output,  and  apply  it  tto  other  mines  as  well? 

Mr.  BAXTER,   jl  don't  say  it  would  be  unfair  at  all. 

Mr.  JEFFREY.  Why  not  do  it  then?  If  coal  worth  so 
much  per  ton  is  subject  to  a  tax  of  such  a  per  cent  of  its  value, 
why  not  enjoin  upon  the  legislature  to  fix  the  same  per  cent 
upon  the  value  of  the  products  of  other  mines? 


PROCEEDINGS  AND  DEBATES. 

Mr.  BAXTER.  This  amendment  evidently  does  that.  They 
-shall  adopt  the  same  system,  and  from  time  to  time  impose 
this  tax  upon  any  other  interest  developed  within  the  state 
of  Wyoming1,  and  I  want  to  say,  Mr.  Palmer,  that  the  claim 
that  Wyoming  operators  could  not  compete  with  operators  in 
other  states  wras  shown  to  be  utterly  inconsistent  last  ni^ht 
DV  Judge  Brown.  If  they  don't  have  this  tax  they  must  have 
some  other  kind  of  taxation,  they  are  taxed  in  Colorado  in 
some  other  way.  We  pay  in  one  form  in  Wyoming,  and  in 
Colorado  they  pay  upon  the  value  of  the  land,  which  is  in 
some  way  assessed  so  that  it  equals  the  tax  the  mines  pay  that 
are  assessed  in  this  way.  We  are  simply  changing  the  method 
in  which  to  pay  it.  This  tax  I  think  would  come  on  the  con- 
•sumer.  I  think  the  consumer  always  pays  the  tax.  He  pays 
the  original  cost  and  the  profits  also. 

Mr.  JEFFREY.  I  have  failed  yet  to  discover  any  argu- 
ment, and  failed  to  hear  any  argument,  that  will  change  my 
mind  in  the  least.  The  gentlemen  who  have  talked  in  favor  of 
taxing  all  minerals,  or  talked  as  opposed  to  levying  a  special 
tax  upon  coal,  have  all  contended  that  they  are  not  opposed 
to  levying  this  tax  upon  coal.  I  have  not  heard  that  disputed 
upon  the  floor  of  this  convention.  What  has  been  contended 
for  and  wrhat  I  contend  for  is  in  my  opinion  just  and  right, 
and  that  is  this:  If  you  are  going  to  tax  coal  tax  everything 
that  comes  out  of  a  mine  in  the  shape  of  an  output, 

Mr.  BROW^s1.  Can  you  specify  what  the  tax  should  be 
upon  all  these  other  mines?  That  is  what  we  want.  If  you 
can  specify  the  tax,  that  is  just  what  I  want,  and  just  what 
we  all  want. 

Mr.  JEFFREY.  I  will  say  that  I  cannot  specify  the  tax, 
but  I  believe  if  you  specify  a  tax  of  a  certain  per  cent  upon 
the  value  of  the  coal  and  say  there  shall  be  a  tax  of  the  same 
per  cent  upon  the  output  of  other  mines,  I  venture  to  say  it  will 
"be  entirely  satisfactory  to  the  majority  of  the  members  of  this 
convention.  That  is  all  we  ask,  that  they  all  be  taxed  alike. 
I  want  to  ask  permission  with  the  consent  of  my  second  to 
strike  out  all  after  the  word  "direct." 

Mr.  POTTER.  I  am  in  favor  of  Mr.  Jeffrey's  amendment 
simply  because  it  refers  to  all  mines,  and  leaves  it  to  the  leg- 
islature to  fix  a  maximum  or  minimum  rate,  or  to  set  in  oper- 
ation the  idea  of  taxing  the  output.  I  am  satisfied  with  this, 
and  I  will  not  vote  for  anything  in  this  bill  that  shall  pro- 
vide for  taxing  the  output  of  coal  mines,  and  shall  fix  a  maxi- 
mum or  a  minimum  rate. 

Mr.  BROWX.  I  don't  know  in  what  situation  these  amend- 
ments are.  The  substitute  I  offered  for  Sees.  3  and  5  at  least 
has  the  preference  in  point  of  tune  to  any  other  amendments, 
and  I  desire  to  call  the  attention  of  this  body  for  one  moment 
to  this  amendment,  and  I  will  say  right  now  that  it  is  made 


6SS  CONSTITUTIONAL  CONVENTION 

in  deference  to  what  seemed  to  be  the  sentiment  of  the  gen- 
tlemen on  the  floor  of  this  convention,  they  want  all  mineral 
output  to  be  taxed  in  the  same  way.  Now  this  provides  that 
it  shall  be  so  taxed,  and  there  would  be  no  uncertainty  about 
it.  "All  mines  and  mining  claims  shall  be  taxed  on  the  gross 
product  thereof,"  that  is  just  what  they  have  been  saying  they 
want,  and  T  give  it  to  them  in  just  that  shape,  and  in  order 
that  there  shall  be  no  mistake  aboult  it,  we  go  a  little  further 
and  say  "provided  that  the  product  of  all  mines  shall  be  taxed 
in  proportion  to  the  value  thereof."  So  -that  it  proposes  noth- 
ing but  what  these  gentlemen  have  said  they  were  all  in  favor 
of,  that  they  should  be  placed  upon  exactly  the  same  footing,, 
that  the  products  of  all  mines  are  to  be  taxed  equally,  and  in 
proportion  to  their  value.  Now  there  is  another  provision,, 
and  provided  further  "that  the  product  of  coal  mines  shall 
be  taxed  not  less  than  one  cent  per  ton  for  state  purposes  on, 
each  ton  of  coal  mined,  and  not  less  than  one-half  cent  pei 
ton  for  county  purposes  on  the  same  product."  Now  there  are- 
gentlemen  who  have  said  that  we  ought  to  leave  this  to  the 
legislature.  \~Ve  provide  that  the  porduct  shall  be  taxed  in 
proportion  to  its  value,  and  in  fixing  value  that  shall  be  a  guide 
to  legislatures  hereafter,  we  say  they  shall  pay  a  tax  of  not 
less  than  one  cent  i\»r  state  purposes  and  not  less  than  one- 
half  a  cent  for  county  purposes.  Gentlemen,  /I  propose  to  fix 
a  minim  mil  because  we  want  something  settled,  and  I  have 
put  this  minimum  in  here  in  this  way,  not  in  accordance  witlt 
my  judgment  as  to  what  it  ought  to;  be,  but  in  order  to  meet 
some  objections  that  were  made  to  the  bill  as  originally  drawn. 
If  I  was  to  have  my  way  about  it  I  should  say  that  this  should 
be  fixed  at  four  cents  per  ton,  that  is  what  I  should  say  about 
it,  and  that  is  a  just  and  fair  tax,  and  I  would  say  that  for  the 
reason  stated  last  night  in  order  to  keep  corporations  out  of 
the  legislature,  and  I  fix  the  minimum  here  on  coal  because 
there  is  at  the  present  time  an  output  of  coal,  and  there  is  no 
output  to  speak  of  of  any  other  mineral  substance.  Now  because 
there  is  an  output  of  coal  at  the  present  time,  it  is  necessary 
that  we  levy  a  tax  upon  that  output  at  once,  and  not  leave  it 
to  future  legislation.  If  we  were  producing  oil  at  this  time, 
if  we  were  producing  soda,  or  silver,  or  any  of  the  other  met- 
als, I  would  say  let  us  put  them  in  here,  and  fix  it  eternally 
that  they  shall  pay  so  much,  but  we  are  not  producing  silver, 
and  we  are  not  producing  "soda,  saline,  oil  and  other  valuable 
deposits,"  and  therefore  there  is  noi  reason  for  fixing  a  mini- 
mum valuation  for  these,  but  leave  it  to  the  legislature  to 
tax  them  upon  the  minimum  price  fixed  here  for  coal;  we  es- 
tablish one  valuation,  and  the  valuation  of  all  others  will  be 
measured  by_  that. 

Mr.   PALMER.     Will   Judge  Brown   permit  a  question? 
What  is  the  object  of  revising  or  changing  the  original  system 


PROCEEDINGS  AND  DEBATES. 


689 


of  taxation  in  trying  to  get  at  these  coal  lands?     Is  there 
anything  gained  by  that? 

Mr.  BROWN.  I  will  answer  the  gentleman's  question. 
There  is  much  gained.  As  it  is  now  we  practically  get  no  tax 
whatever  on  the  coal  output,  it  is  comparatively  nothing.  4t 
is  the  richest  and  most  prosperous  business  within  the  limits 
of  our  territory,  and  yet  it  produces  but  fifteen  one-thous- 
andths of  the  whole  tax  paid  for  territorial  purposes. 

Mr.  PALMER.  Is  thaft  the  fault  of  the  law  or  the  admin- 
istration of  the  law? 

Mr.  BROWN.  It  is  the  fault  of  the  law  and  the  adminis- 
tration of  the  law,  and  it  will  be  the  faulft  of  the  law  and  the 
administration  of  the  law  as  long  as  it  is  permitted  to  exist. 
There  is  only  one  way  to  change  it,  and  that  is1  to  tax  the  out- 
put, and  it  is  the  only  fair  way,  and  I  challenge  any  man  on 
earth  to  say  anything  else. 

Mr.  CLARK.  What  is  the  object  of  making  the  territorial 
tax  one  cent,  and  the  tax  one-half  cent  for  county  purposes? 

Mr.  BROWN.  I  will  answer  that  question.  The  territory 
is  bound  to  pay  the  expenses  of  its  mine  superintendents  or 
mine  inspectors,  and  I  believe  these  mine  inspectors  are  of 
great  importance  to  the  territory,  but  as  I  stated  last  night 
the  maximum  amount  received  by  the  territory  for  general 
purposes  from  all  the  mines  is  about  $1,250  per  annum,  for  all 
territorial  purposes,  and  we  receive  for  all  general  territorial 
purposes  from  other  sources,  not  in  addition  to  that,  bur  in- 
cluding that  we  receive  from  all  sources  about  $80.000  per 
annum.  It  is  easy  to  compute  it,  we  have  about  thirty-two 
millions  assessed  valuation,  and  a  two  and  a  half  mill  tax  on 
that  valuation,  if  we  collected  it  entirely,  would  amount  to 
$80,000  for  general  territorial  purposes.  Now  of  that  we  re- 
ceive from  the  mining  interests  of  this  territory,  it  amounts  as 
near  as  we  can  reach  it,  to  $1,250,  that  may  not  be  the  exact 
figure  but  it  is  I  think  as  near  as  we  can  calculate.  That  i* 
the  way  the  thing  stands  now,  and  we  pay  out  every  year  in 
mining  expenses,  the  territory  expends,  from  thirty-five  hun- 
dred to  four  thousand  dollars.  The  record  of  our  appropriation 
laws  will  show  this.  Now  as  we  pay  out  this  large  sum  of 
money  and  the  counties  pay  nothing,  is  the  reason  why  we  say 
that  the  state  should  have  the  larger  proportion.  I  don't 
know  as  these  proportions  are  exact,  but  if  we  were  'to  follow 
the  examples  of  other  states,  they  don't  allow  any  taxation 
for  counties,  it  is  made  solely  for  state  purposes,  but  it  seems 
to  me  and  it  has  seemed  to  be  the  opinion  of  many  gentlemen 
on  the  floor  of  this  convention,  that  it  was  fair  at  least  to  give 
the  county  some  proportion  of  the  tax  realized  from  the  out- 
put of  coal,  and  therefore  I  have  been  in  favor  and  am  in  favor 
of  gjving  a  portion  of  this  tax  on  the  output  to  the  county, 
and  I  would  be  glad  to  go  further  and  comply  with  the  sugges- 


690  CONSTITUTIONAL  CONVENTION. 

tion  of  the  gentleman  from  TJinta,  Mr.  Russell,  and  say  that  so 
much  of  this  county  tax  as  is  not  necessary  for  other  purposes 
shall  be  applied  to  the  school  fund  of  the  county,  the  balance 
of  it  to  go  into  the  general  fund,  and  if  a  projposition  of  that 
kind  is  presented  I  am  in  favor  of  it.  Now  as  to  this  whole 
thing.  I  have  put  it  in  the  language  the  gentlemen  ask,  ex- 
cept in  the  single  proposition  that  we  fix  a  minimum  on  the 
coal  output,  something  produced  at  the  present  time,  and  I 
think  that  is  very  necessary  in  order  to  measure  the  other  val- 
ues when  the  output  becomes  an  established  fact. 

Mr.  HOPKINS.    What  did  you  say  the  coal  land  tax  is? 

Mr.  BROWN.  The  whole  amount  I  have  stated  raised  by 
the  territory  at  the  present  time  from  the  coal  mines,  the  coal 
lands,  the  full  tax  levied  upon  coal  lands  and  the  improvements 
is  $1,250.  That  is  the  outside.  Of  course  that  does  not  in- 
clude what  goes  to  the  counties. 

Mr.  RUSSELL.  This  one  cent  per  ton  that  goes  for  state 
purposes,  would  it  not  create  such  a  surplus  as  to  make  it  a 
great  temptation  for  unnecessary  extravagances  and  steals, 
and  perhaps  to  have  unnecessary  offices  created? 

Mr.  BROWN.  If  in  the  history  of  Wyoming  territory,  the 
time  ever  comes  when  there  are  twenty  million  tons  of  coal 
produced,  the  one  cent  tax  per  ton  will  not  meet  the  necessary 
expenses  of  the  government  of  the  state.  Whenever  the  pop- 
ulation of  the  state  shall  be  so  increased,  ancl  its  diversified 
interests  so  developed,  that  there  will  be  an  amount  of  twenty 
million  tons  of  coal,  the  expenses  of  the  state  will  far  exceed 
the  revenue  thus  created.  Now  what  about  the  officials  of  the 
state.  We  have  fixed  the  number  of  officers  that  can  be  cre- 
ated, or  will  be  created,  by  the  terms  of  our  constitution,  and 
in  addition  to  that  we  ha.ve  surrounded  them  by  such  safe- 
guards and  restrictions,  that  no  man  I  take  it  will  ever  want 
to  plunder  the  state,  if  those  regulations  and  provisions  of  the 
constitution  are  enforced. 

Mr.  TESCHEMACHER.  I  just  want  to  ask  a  question. 
We  have  heard  a  good  deal  here  about  robber  legislatures  and 
robber  counties,  especially  the  counties  of  Laramie  and  Al- 
bany. Now  I  want  to  know  what  you  suppose  will  be  said 
by  the  counties  of  IJinta,  Carbon  and  Sweetwater,  the  only 
coal  producers  today  that  are  really  making  money  in  the" 
coal  business  in  this  territory,  when  it  shall  be  found  out  that 
the  robber  counties  of  Albany  and  Laramie,  that  do  not  pro- 
duce a  single  ton  of  coal,  have  placed  a  provision  in  the  con- 
stitution which  makes  these  three  counties  pay  one-third  of 
the  whole  state  expense?  I  think  they  will  accuse  us  of  being 
worse  than  robber  counties. 

Mr.  BROWN.  When  oil  shall  be  developed,  when  gold  and 
silver  and  the  other  metal  products  of  this  territory  shall  be 


PROCEEDINGS  AND  DEBATES.  691 

•developed  so  we  can  tax  them  intelligently  under  this  substi- 
tute, they  shall  be  required  to  pay  their  just  proportion. 

Mr.  HOPKINS.  'I  have  taken  it  for  granted  that  one  of 
the  benefits  to  be  derived  from  statehood,  and  I  have  heard  it 
advanced  ever  since  the  question  came  up,  that  it  is  desiiable 
to  bring  outside  capital  into  this  state,  to  develop  the  latent 
Interests  of  (Ms  tenitory.  Now  as  to  taxing  the  output  of  cojl 
mines.  J  AY  an  I  TO  say  his:  The  cost  of  the  original  improve- 
ments, thai  is  the  money  that  you  have  to  put  into  the  prop- 
erty to  develop  it,  is  about  two  cents  per  ton,  that  is  a  fair 
av<.'mg;e.  That  is  the  actual  cost  of  the  improvoir.i-.iiis.  Now 
the  genlJeuK'ii  of  this  convention  propose  io  increase  that  ori- 
ginal <:osi  of  two  ctnts  per  ton,  two  and  :•„  half  < -eats  or  more, 
more  than  double  it  in  fact.  Under  these  jircuru^  ranees,  in 
what  position  does  the  Wyoming  coal  man  stand  compared 
to  his  neighbor  across  the  line?  If  a  man  wants  to  invest  in 
a  coal  mine,  and  he  goes  to  work  and  figures  it  out,  he  will 
say  to  himself  it  will  cost  me  twice  as  much  to  develop  a  coal 
property  in  Wyoming  as  it  will  in  Colorado.  In  Colorado  there 
is  just  as  good  coal  land  at  the  same  price;  I  will  develop  a 
mine  in  Colorado.  I  understand  that  the  figures  regarding  the 
cost  of  coal,  and  the  profits,  has  been  dwelt  upon  here.  I 
rather  believe  it  has  been  exaggerated,  misrepresented.  The 
facts  as  these:  A  ton  of  coal  to  the  operator  of  a  coal  mine 
costs  $1.50,  or  in  the  neighborhood,  at  the  mine.  He  sells  that 
coal  for  $1.75  a  tori,  the  profit  is  25  cents  a  ton.  I  would  like 
to  ask  you  what  the  retail  dealer  makes.  He  makes  50  cents 
a  ton,  and  the  producer  makes  25  cents.  It  would  be  more  just 
if  you  would  place  this  tax  upon  the  retail  dealer,  and  I  would 
suggest  that  that  be  done. 

Mr.  BROWN.  Will  Mr.  Hopkins  permit  me  to  ask  a  ques- 
tion? (Is  there  a  man  who  desires  to  come  into  this  territory 
or  state,  and  engage  in  the  mining  business,  who  is  not  wil- 
ling to  pay  a  fair  tax  upon  his  investment?  I  contend  no,  and 
that  is  why  I  ask  that  the  tax  be  placed  on  that  basis.  That 
it  be  placed  on  the  same  basis  as  any  other  tax  is,  on  the  act- 
ual investment  and  actual  profit. 

Mr.  HOPKINS.  The  government  of  the  United  States  says 
that  the  coal  lands  we  have  are  worth  twenty  dollars  an  acre, 
and  I  am  perfectly  willing  to  pay  taxes  on  that  basis  for  every 
acre  of  coal  land  I  own. 

Mr.  PALMER.    I  move  this  committee  rise  and  report. 

Mr.  CHAIRMAN.  Gentlemen,  it  is  moved  and  seconded 
that  this  committee  now  rise  and  report.  All  in  favor  of  the 
motion  will  say  aye;  contrary  no.  The  noes  have  it;  the  mo- 
tion is  lost.  The  committee  refuses  to  rise.  Any  further  re- 
marks? 

Mr.  HOYT.  I  have  just  a  few  words  to  say  on  this  sub- 
ject In  the  first  place  if  we  are  going  to  levy  a  tax,  I  insist  it 


692 


CONSTITUTIONAL  CONVENTION. 


should  be  an  advalorem  tax.  If  we  are  to  tax  the  output  of 
mines,  let  it  toe  the  output  of  all  mines.  Then  let  it  be  adva- 
lorem, according  to  the  value  of  the  output,  of  whatever  mine 
it  may  be.  Let  the  tax  be  equal  and  just.  Not  direct  special, 
but  so  much  per  ton  according  to  the  value.  In  the  next  place 
it  seems  to  me  that  there  is  an  inequality  in  the  distribution: 
of  the  proceeds  of  this  tax,  that  is  to  be  made.  That  the  coun- 
ties which  are  to  pay  this  tax  should  reserve  the  right  to 
themselves,  or  have  reserved  to  them  under  the  law,  a  large 
proportion  of  the  proceeds  thereof.  In  the  third  place  I  am 
opposed  on  general  principles  to  the  taxing  of  the  output  of 
mines  in  the  early  development  of  a  territory  like  ours.  It  is 
opposed  to  the  great  economic  principle  to  tax  the  output  of 
mines  in  their  infancy.  In  the  fourth  place,  if  it  is  impossi- 
ble to  raise  a  sufficient  revenue  by  this  general  and  broad 
principle,  then  it  is  the  inherent  right  of  the  state  to  resort 
to  other  methods,  and  having  resorted  to  other  methods,  such 
as  taxation  upon  a  young  industry,  upon  a  developing  process,, 
let  the  tax  be  broad  and  equal  and  just  in  every  particular. 
If  we  cannot  make  it  so,  then  f  cannot  support  it. 

Mr.  CLAKK.  I  am  opposed  to  this  substitute  and  although 
evidently  offered  in  good  faith,  and  in  the  spirjt  of  fairness, 
it  is  exactly  the  original  proposition  sent  in  by  the  committee, 
except  as  to  the  definite  time  of  taxing  the  lands  of  other 
mines.  If  the  gentleman  is  desirous  of  laying  down  a  funda- 
mental law  of  taxation,  he  meets  my  idea  exactly,  but  he  is 
willing  to  trust  to  the  legislature  to  fix  an  equitable  and  just 
assessment  upon  gold,  silver,  upon  soda  lakes,  and  other  val- 
uable deposits,  but  he  is  afraid  a  legislature  cannot  be  found 
which  will  be  honest  enough  to  fix  a  tax  tfpon  coal.  If  a  leg- 
islature is  honest  in  one  particular,  it  will  be  honest  in  another, 
If  it  will  be  dishonest  in  taxing  coal  mines,  it  will  be  dishonest 
in  taxing  other  mines,  because  if  it  is  dishonest  in  one  particu- 
lar, it  is  dishonest  all  through.  I  don't  wrant  to  vote  upon  this 
proposition  now,  and  I  am  sorry  that  we  cannot  take  a  recess. 
I  have  tried  to  the  best  of  my  ability  to  verify  the  figures  that 
have  been  given!  upon  this  floor.  I  believe  that  members  of 
this  convention  will  be  influenced  in  their  vote  by  the  state- 
ments made  that  these  coal  mines  have  not  contributed  their 
justv  proportion  of  taxation.  I  have  found  in  examining  these 
figures,  so  far  as  my  limited  time  would  allow,  such  gross 
errors  that  (L  do  not  know  how  true  the  other  figures  may  be. 
It  was  stated  upon  the  floor  of  this  convention  yesterday,  that 
Mark  Hopkins  &  Co.  paid  a  poor,  little,  miserable  tax,  and  that 
Mark  Hopkins  had  stated  to  the  speaker  that  he  had  half  a 
million  dollars  worth  of  improvements  on  his  mine.  I  do  not 
say  that  this  was  not  correct,  but  if  Mark  Hopkins  did  say  ity 
I  know  he  said  that  which  was  not  true.  I  say  that  if  Mark 
Hopkins  ever  said  in  any  man's  hearing  that  he  or  his  com- 


PROCEEDINGS  AND  DEBATES. 


693 


pany  had  a  half  million  dollars  worth  of  improvements  at  their 
mine,  he  multiplied  it  at  least  by  ten.  I  will  guarantee  to  say 
from  general  observation,  that  the  improvements  at  the  Mark 
Hopkins  mine  will  not  exceed  fifty  thousand  dollars,  and  prob- 
ably not  anywhere  near  it. 

Mr.  BROWN.  In  hastily  glancing  at  the  figures  before  me 
on  the  paper  I  made  a  mistake.  I  had  fifty  thousand  on  the 
paper,  but  in  glancing  at  it  I  called  it  five  hundred  thousand. 

Mr.  CLARK.  There  probably  are  other  figures  that  were 
changed  in  glancing  at  them,  because  there  is  no  company  to- 
day shipping  coal  from  Rock  Springs  to  Laramie  at  $1.50 
freight,  d  make  that  statement  and  I  challenge  any  man  ,to 
prove  that  $1.50  is  the  rate  on  coal  or  any  product  of  coal 
from  Rock  Springs  to  Laramie.  Mr.  Grant  pays  freight  at 
$1.25  upon  slack,  but  for  merchantable  coal,  such  as  we  are 
talking  about,  selling  here,  is  $3.00,  and  every  man  pays  it. 

Mr.  BROWN.  Mr.  Grant  gave  me  the  figures,  and  can  cor- 
rect me  if  I  am  wrong. 

Mr.  GRANT.    It  was  slack. 

Mr.  CLARK.  It  was  upon  slack  he  bases  his  figures,  that 
which  is  absolutely  worthless  at  the  mine.  And  I  don't  sup- 
pose that  any  gentleman  here  wold  say  that  the  value  of  a  coal 
mine  should  be  taxed  on  the  slack.  The  worthless  part  of  the 
mine,  which  they  have  to  throw  away. 

So  I  say  to  you,  the  figures  as  given  give  a  wrong  impres- 
sion and  I  want  time  to  further  investigate  this  matter  before 
voting  upon  it  finally.  Mr.  Hopkins  bears  me  out  on  the  esti- 
mate as  to  the  profit  on  merchantable  coal,  twenty-five  cents 
per  ton.  The  figures  I  have  obtained  this  morning,  the  tariff 
sheets  which  are  published  and  which  the  laws  of  the  United 
States  say  they  must  abide  by,  containing  the  freight  rates  on 
coal  to  every  town  to  which  coal  has  been  sent,  I  have  ex- 
amined those  figures  most  carefully,  and  I  have  attempted  to 
verify  the  figures  to  Laramie.  I  have  attempted  to  verify  the 
figures  to  Kearney,  I  have  attempted  to  verify  the  figures  to 
Butte,  but  I  fail  to  find  in  any  case  the  statements  made  upon 
this  floor  correct.  So  I  say  to  you  gentlemen  don't,  credit  this 
one.  Don't  rush  this  thing  to  a  vote.  Let  us  have  an  oppor- 
tunity to  be  correct  in  this  matter.  Give  the  members  of  his 
convention  a  chance  to  investigate  this  matter.  This  is  a  rad- 
ical departure  suggested  here.  In  no  constitution  of  the  Unit- 
ed States  is  the  limit  fixed  in  this  manner,  and  when  the  gen- 
tleman says  that,  his  substitute  is  in  the  direct  line  of  my  sug- 
gestion, I  say  it  is  in  the  direct  line  and  a  great  deal  further 
than  in  the  direct  line.  I  believe  in  leaving  all  this  to  the  wis- 
dom of  the  legislature,  because  il  believe  one  mine  is  the  same 
as  another,  because  I  believe  that  the  law  will  be  honest  with, 
all,  because  I  believe  that  the  future  legislatures  of  Wyoming 
will  be  as  good  a  body  of  men  as  sits  here  today,  I  believe  they 


694 


CONSTITUTIONAL  CONVENTION. 


will  know  better  than  we  do  what  will  be  the  necessities  of 
this  territory  for  the  next  ten  or  twenty  years  to  come.  I  say 
to  you  that  the  legislature  that  will  be  honest  with  silver  \vill 
be  honest  with  coal,  and  if  it  is  dishonest  with  coal  it  will  be 
dishonest  with  silver,  and  so  I  say  to  you  gentlemen,  I  don't 
want  to  be  rushed  to  a  vote  upon  this  proposition,  I  want  an 
opportunity  to  further  examine  the  figures  presented,  I  \vant  to 
look  round,  and  I  urge  you  not  to  be  convinced  by  figures  which 
have  not  received  examination  even  from  the  gentleman  him- 
self, to  see  that  they  are  correct,  because  I  say  to  you,  gentle- 
men, that  every  figure  that  was  presented  by  the  gentleman 
in  his  speech  yesterday,  that  I  have  had  an  opportunity  to  ex- 
amine, were  absolutely  and  unqualifiedly  incorrect,  and  (I  say 
I  want  to  examine  them  further.  I  want  to  see  how  a  decision 
is  to  be  made.  Now  if  this  is  a  fundamental  proposition  of  con- 
stitutional law,  I  am.  willing  to  treat  it  that  way,  and  see 
whether  it  is  a  wise  proposition  to  put  into  the  constitution  at, 
all.  slf  it  should  be  found  necessary  in  order  to  guard  the  in- 
terests of  our  territory,  that  we  insert  some  provision  for  the 
taxation  of  mines,  well  and  good,  but  when  it  comes  to  fixing  a 
limit,  whether  it  be  high  or  low,  I  don't  want  this  convention 
to  be  influenced  by  any  figures  that  have  been  presented  that 
are  incorrect.  I  want  the  figures  upon  which  we  are  to  act 
absolutely  correct.  I  want  them  proved,  and  I  want  them  ex- 
act, because  it  would  be  a  bad  state  of  affairs  if  we  should 
be  mislead  by  figures  offered  here,  with  the  best  intent  no 
doubt  in  the  world,  but  which  are  unqualifiedly  incorrect. 

Mr.  HO YT.  I  move  this  committee  now  rise  and  report,. 
and  ask  leave  to  sit  again,  if  such  a  motion  is  in  order. 

Mr.  CHAIRMAN.  The  chair  believes  such  a  motion  not  a 
proper  one  to  be  made  at  this  time. 

Mr.  TESCHEMACHER.  I  move  that  Sec,  5  of  this  bill  be 
stricken  out. 

Mr.  HOYT.    Second  the  motion. 

Mr. 'CHAIRMAN.  It  is  moved  and  seconded  that  Sec.  5 
of  this  bill  be  strickent  out.  All  in  favor  of  the  motion  will 
say  aye;  contrary  no.  The  noes  have  it;  the  motion  is  lost. 

Mr.  CAMPBELL.  I  move  this  committee  rise  and  report, 
and  ask  leave  to  sit  again. 

Mr.  CHAIRMAN.  /It  is  moved  and  seconded  that  this  com- 
mittee now  rise  and  report.  All  in  favor  of  the  motion  will 
say  aye;  contrary  no.  The  ayes  have  it;  the  cojinmittee  will 
rise  and  report. 

(Reading  of  report  of  the  committee.) 

Mr.  CAMPBELL.  I  move  the  report  of  the  committee  be 
adopted. 

Mr.  PRESIDENT.  Gentlemen,  you  have  heard  the  motion. 
Are  you  ready  for  the  question?  All  in  favor  of  the  motion 


PROCEEDINGS  AND  DEBATES.  695 

will  say  aye;  contrary  no.  The  ayes  have  it;  the  motion  pre- 
vails. The  report  of  the  committee  stands  adopted. 

Mr.  CAMPBELL.  I  move  we  now  take  a  recess  until  2 
o'clock 

Mr.  PRESIDENT.  Gentlemen  you  have  heard  the  motion, 
that  we  do  now  take  a  recess  uptil  2  o'clock.-  All  in  favor  of 
the  motion  will  say  aye;  contrary  no.  The  ayes  have  it;  the 
motion  prevails.  We  will  now  take  a  recess  until  2  o'clock. 


AFTERNOON  SESSION. 


Wednesday  afternoon,  Sept.  25th. 

Mr.  PRESIDENT.    The  convention  will  come  to  order. 

The  business  upon  the  table,  gentlemen,  is  the  general  file, 
special  order. 

What  is  the  pleasure  of  the  convention  ?    . 

Mr.  SMITH.  I  desire  to  ask  the  consent  of  the  convention 
to  introduce  a  resolution. 

Mr.  PRESIDENT.  Is  there  objection  to  the  gentleman  in- 
troducing a  resolution  at  this  time?  The  chair  hears  none. 
The  gentleman  may  present  his  resolution. 

Mr.  SMITH.  (It  is  a  resolution  of  thanks  to  Mr.  Carroll. 
''Resolved,  That  this  convention  extend  to  Hon.  W.  P.  Carroll 
their  vote  of  thanks  for  his  courtesy  in  attending  upon  this  body 
and  administering  to  its  memJbers  the  oath  of  office.  And  be 
it  further  resolved  that  a  copy  of  this  resolution  be  sent  to  Mr. 
Carroll." 

Mr.  PRESIDENT.  If  there  is  no  objection  the  resolution 
will  be  acted  upon  at  once.  The  question  is  upon  the  adoption 
of  the  resolution  of  thanks  to  Mr.  Carroll.  Are  you  ready  for 
the  question  ?  All  in  favor  of  the  motion  will  say  aye ;  contrary 
no.  The  ayes  have  it;  the  resolution  is  unanimously  adopted. 
What  is  your  further  pleasure,  gentlemen  ? 

Mr.  BURRITT.  I  move  we  go  into  committee  of  the  whole 
for  consideration  of  the  special  order. 

Mr.  PRESIDENT.  Gentlemen,  you  have  heard  the  motion, 
that  we  now  go  into  committee  of  the  whole  for  consideration 
of  the  special  order.  Are  you  ready  for  the  question?  All  in 
favor  of  the  motion  will  say  aye;  contrary  no.  The  ayes  have 
it;  the  motion  prevails.  Will  Mr.  Johnston  take  the  chair? 

Mr.  CHAIRMAN.  The  committee  will  please  come  to  order. 
The  question  at  the  time  the  committee  arose  was  on  Judge 
Brown's  amendment.  Are  there  any  arguments  to  be  presented 
on  this  amendment? 

Mr.  ELLIOTT.  I  move  to  strike  out  the  last  proviso  of  that 
amendment,  and  I  do  it  for  this  reason.  I  am  perfectly  satisfied 
from  the  course  of  this  convention  that  the  proper  way  to  tax 


696  CONSTITUTIONAL  CONVENTION. 

these  lands  is  to  tax  them  upon  the  output,  but  {I  ani  further  sat- 
isfied that  we  are  not  prepared  to  fix  a  minimum  or  maximum 
rate  on  the  products  of  coal  mines  at  this  time. 

Mr.  CHAIRMAN.  It  is  moved  and  seconded  that  the  last 
provision  of  this  substitute  be  stricken  out.  Are  you  ready 
lor  the  question  ? 

Mr.  COFFEEN.  As  I  understand  it  we  are  not  to  pass  upon 
the  substitute  offered  by  Judge  Brown,  but  simply  the  amend- 
ment that  has  been  offered  here  to  strike  out  certain  words,  to 
strike  out  that  which  fixes  a  minimum  price  to  be  paid  on  the 
output.  Now  I  am  in  favor  of  that  and  shall  vote  against  this 
motion  to  strike  out,  but  there  are  gentlemen  who  are  opposed 
to  that  and  will  vote  the  other  way.  I  hink  we  have  com'e 
down  to  this  point  now  to  consider  one  question  at  present,  and 
that  is  this :  Is  it  better  to  leave;  it  entirely  open  to  the  future 
legislatures  of  the  state  without  anything  to  guide  them  what- 
ever? Is  that  the  better  thing  to  do?  That  is  the  question  1 
believe.  After  having  figured  upon  the  estimates  given  by 
those  who  are  opposed  to  me  in  my  position,  I  have  concluded  so 
far  from  one  and  a  half  cents  being  too  high,  it  is  not  nearly  as 
much  as  we  pay  generally  in  the  northern  counties  on  our 
own  products,  and  I  insist  therefore  if  we  cut  it  down  to  such 
ft  low  minimum  that  an  injustice  will  be  done.  A  word  in  an- 
swer to  the  gentleman  who  has  taken  the  ground  in  general  op- 
position to  this  here.  He  wants  equality  and  justice  in  taxa- 
tion, but  I  say  there  is  no  injustice  in  this,  it  is  less  than  we  pay 
on  our  other  products,  and  land  everywhere  else,  so  (I  say  there 
is  no  inequality  about  it.  But  then  you  say  why  fix  it  at  all? 
Tt  is  to  guard  and  protect  the  interests  of  this  people  against 
the  influence  in  the  legislature  that  will  result  in  an  injustice 
to  the  people  in  favor  of  the  corporation.  I  believe  we  ought 
to  start  with  a  minimum,  and  if  you  wfeh  to  put  it  up  higher, 
I  have  no  objection,  but  we  ought  not  to  permit  any  legislature 
in  the  future  under  the  influence  of  corporate  interests,  to  put 
it  less  than  one-half  cent  per  ton.  I  think  this  is  very  conserv- 
ative. And  I  trust  the  convention  will  not  strike  out  this  pro- 
vision. 

Mr.  RUSSELL.  I  have  sat  very  patiently  and  listened  to  fhis 
question  as  it  has  been  discussed,  and  have  had  very  little  OP 
nothing  to  say  about  it.  Still  I  believe  I  am  personally  interest- 
ed, being  a  coal  miner.  The  question  has  been  debated  here, 
both  pro  and  con.  As-  a  coal  miner  I  am  satisfied  as  to  the 
principle.  I  believe,  and  have  belieA'ed,  so  far  as  my  humble 
judgment  will  allow  me  to  judge,  that  the  principle  is  correct, 
but  where  the  trouble  comes  with  me  is  as  to  the  practical 
operation  of  the  thing.  Now  it  has  been  said  this  morning,  and 
it  hafc  often  been  said  upon  this  floor,  that  if  this  convention 
don't  do  so  and  so  the  people  of  this  county  or  that  county  will 
not  vote  to  ratify  this  constitution.  I  wish  to  say  this  in  respect 


PROCEEDINGS  AND  DEBATES.  697 

to  the  miners.  I  believe  today  that  the  people,  my  constituents 
Avho  sent  me  here,  if  this  question  was  presented  to  them, 
would  probably  refuse  to  consent  to  ratifying  it,  as  they  would 
not  generally  understand  the  question,  and  it  would  have  to  be 
•explained  and  discussed  to  convince  them  that  it  was  right.  I 
believe  that  it  would  not  be  in  favor  with  my  people,  the  min- 
ers of  Almy,  yet  at,  the  same  time  I  am  convinced  that  the  prin- 
ciple is  right  in  itself,  the  only  question  is  as  to  its  operation. 
Still  I  wish  to  say  to  the  members  of  this  convention,  that  my 
people,  my  constituents  have  placed  no  restrictions  upon  me, 
all, the  restrictions  they  have  placed  upon  me  is  this,  if  my 
views  are  not  their  views,  they  sent  me  here  to  represent  them 
and  use  my  best  judgment.  I  do  not  think  it  is  right  or  wise 
for  any  member  to  get  up  here  and  say  that  the  people  will  not 
ratify  this  constitution.  I  am  no1<  placed  here  by  the  people 
who  sent  me  here  with  that  idea  over  me.  If  such  were  the  fact 
I  would  not  be  here.  In  my  judgment  the  principle  is  right, 
yet  we  cannot  agree  as  to  a  proposition  as  to  its  operation.  It 
has  been  often  stated  that  we  could  not  trust  the  legislature. 
I  have  objected  to  this  thing  being  mentioned  on  the  floor  of 
this  house,  on  one  or  two  occasions,  and  take  occasion  today  to 
object  to  it.  It  is  not  right  to  the  people  of  this  territory.  The 
members  of  the  legislature  that  have  come  here  to  make  laws 
were,  <I  consider,  honorable  men,  and  I  believe  today  we  should 
give  credit  to  the  men  who  made  the  laws  we  have  lived  un- 
der so  far.  And  will  live  under  for  some  time  to  come.  I  think 
we  have  spent  a  good  deal  of  time  on  this  question,  and  some 
members  have  done  a  good  deal  of  talking,  and  I  believe  that 
the  members  of  this  convention  who  are  inclined  to  be  silent 
•are  getting  tired  of  it.  I  have  got  to  get  back  to  my  work,  to 
my  family  and  children,  still  I  would  like  to  see  the  work 
finished.  Therefore,  so,  far  as  I  am  concerned,  I  will  vote  that 
the  measure  shall  be  decided  by  the  state. 

Mr.  CHAIRMAN.  Gentlemen,  the  question  is  on  the  mo- 
tion  to  strike  out  the  last  clause  of  Judge  Brown's  amendment. 
Are  you  ready  for  the  question  ?  All  in  favor  of  the  motion  will 
say  aye;  contrary  no.  The  chairi  is  in  doubt.  All  in  favor  of 
the  motion  will  rise  and  stand  until  counted — 17.  Contrary 
will  rise — 0.  The  motion  is  carried.  The  question  is  now  on 
Judge  Brown's  amendment  as  amended.  Are  you  ready  for 
the  question?  All  in  favor  of  the  motion  will  say  aye;  con- 
trary no.  The  ayes  have  it;  the  motion  prevails. 

Mr.  GRANT.    I  move  t,o  strike  out  Sec.  4.    • 

Mr.  CAMPBELL.  I  move  to  amend  by  striking  out  all  of 
•Sec.  4  after  the  word  "value"  in  the  fotirthi  line. 

Mr.  FOX.  I  rise  to  a  point  of  order.  Sec.  2  is  the  section  we 
are  considering.  We  cannot  consider  4  unless  you  consider  2. 

Mr.  CHAIRMAN.  I  think  the  point  of  order  is  well  taken. 
Sec.  2  is  the  one  before  us. 


698  CONSTITUTIONAL  CONVENTION. 

Mr.  POTTER,  I  move  to  strike  out  Sec.  2  and  insert  the 
first  three  lines,  and  the  word  "value"  in  the  fourth  line,  of  Sec. 
4,  of  the  printed  file,  as  Sec.  2. 

Mr.  CLARK.  Before  the  question  is  put  I  desire  to  say 
this:  That  "according  to  the  United  States  survey"  is  not 
conclusive  evidence  by  any  means  as  to  what  kind  of  land  it 
is.  The  returns  of  the  United  States  survey  has  shown  on  the 
land  plats  in  the  United  States  land  office  at  Evanston  whole 
townships  designated  as  coal  land,  when  a,s  a  matter  of  fact 
in  the  whole  township  there  may  not  J^ean  acre  of  land  avail- 
able for  coal  purposes,  and  time  and  time  again  has  the  clas- 
sification been  changed  by  the  government  at  Washington  on 
the  application  of  some  settler  who  wished  to  take  up  land 
under  the  homestead  or  pre-emption  laws.  In  the  section  Mr, 
Hopkins  comes  from  a  large  portion  of  that  land  is  returned 
as  coal  land,  when  it  is  absolutely  valueless  except  for  graz- 
ing or  agricultural  purposes,,  and  it  seems  to  me  that  the  "basis- 
of  assessment  ought  to  be  what  the  land  really  is,  rather  than 
what  a  man  running  over  it  with  a  chain  says  it  is,  in  his  re- 
port to  the  government.  This  land  I  speak  of  is  returned  by 
the  United  Statesi  survey  as  coal  land,  when  it  is  absolutely 
valueless  for  coal  land,  is  not  coal  land  in  any  sense  of  the 
term. 

Mr.  POTTER.    I  move  to  strike  out  ''United  States  survey." 

Mr.  HAY.  That  seems  to  me  the  proper  way.  The  objec- 
tion made  by  Mr.  Clark  as  to  land  designation  by  the  United 
States  survey  is  a  very  good  one.  I  have  surveyed  these  lands 
myself,  under  instructions  from  the  government,  and  their  in- 
structions were  to  cive  the  jbenefit  of  the  doubt  to  the  land. 
If  a  surveyor  had  any  reason  to  believe  that  the  land  was- 
coal  land  he  was  to  so  report  it,  and  the  government  might 
thereby  get  the  benefit  of  the  doubt.  A  great  many  sections 
that  were  designated  as  coal  lands  have  been  changed,  and  I 
believe  if  you  pass  this  in  this  way  that  great,  injustice  will  be 
done. 

Mr.  CHAIRMAN.  The  question  is  on  the  motion  to  strike 
out.  Are  you  ready  for  the  question?  All  in  favor  of  the  mo- 
tion will  say  aye;  contrary  no.  The  ayes  have  it;  the  motion 
to  strike  out  prevails. 

The  question  is  now  on  the  amendment  to  insert  the  first 
three  lines  of  Sec.  4  as  amended  down  to  the  word  "value,"  as- 
Sec.  2. 

Are  you  ready  for  the  question?  All  in  favor  of  the  motioD 
will  say  aye;  contrary  no.  The  ayes  have  it;  the  motion  pre- 
vails. Any  further  amendments?  The  chair  hears  none.  This 
I  believe  disposes  of  the  first  five  sections  of  the  file.  Sec.  t> 
will  now  be  read. 

(Reading  of  Sec.  6.) 

Any  amendments  to  Sec.  6? 


PROCEEDINGS  AND  DEBATES.  699 

Mr.  HARVEY.    I  move  to  strike  out  Sec.  (5. 

(I  don't  think  it  is  customary  to  put  a  limit  on  the  taxation 
I  move  to  strike  it  out. 

Mr.  COFFEEN.  I  trust  the  convention  will  think  a  mo- 
ment about  this.  Is  it  not  the  duty  of  the  constitutional  con- 
vention to  properly  limit  taxation  as  a  safeguard  to  the  peo- 
ple? I  shall  stand  by  the  section  3$  it  reads. 

Mr.  CAMPBELL.  I  would  call  the  attention  of  the  mover 
of  this  motion  to  strike  out  that  the  congress  of  the  United 
States  passed  a  law  similar  to  this  two  or  three  years  ago,  and 
it  seems  to  me  that  we  would  hardly  want  to  go  down  and  ask 
for  admission  after  refuting  the  limitation  that  they  them- 
selves put  upon  us. 

Mr.  GRANT.  I  would  say  that  you  will  find  this  limitation 
on  the  amount  of  the  levy  in  almost  every  constitution  you  pick 
up.  There  ought  to  be  a  limitation  on  the?  levy.  It  ought  to 
be  high  enough  to  provide  for  all  necessary  revenue,  but  there 
still  ought  to  be  a  limit. 

Mr!  TESCHEMACHER,  I  would  like  to  ask  Mr.  Grant 
this  question,  d  believe  exactly  what  he  says,  but  he  assured 
me  the  other  d;iy  that  it  took  three  mills  to  run  this  territory 
at  present.  Now  the  limit  prescribed  here  is  only  one  mill 
more.  Now  do  you  think  it  is  not  going  to  exceed  that  one 
mill,  the  cost  of  the  territorial  government,  to  run  the  state? 

Mr.  GRANT.  I  will  state  that  the  first  year  I  think  it  will 
probably  take  six  mills  to  pay  the  extra  expenses  that  will  be 
incurred,  but  after  that  I  believe  four  would  be  plenty. 

Mr.  CHAIRM AN.  The  question  is  on  the  motion  to  strike 
out  Sec.  6.  Are  you  ready  for  the  question?  All  in  favor  of 
the  motion  will  say  aye;  contrary  no.  The  noes  have  it;  the 
motion  to  strike  out  is  lost. 

Mr.  CLARK.  I  move  that  Sec.  6  be  amended  by  striking 
out  in  the  third  line  and  in  the  last  part  of  the  second  line  ttie 
words  "except  for  the  support  of  state  educational  institutions/7 
I  do  this  because  I  think  that  the  state  educational  institutions 
should  stand  upon  the  same  basis  as  any  other  state  institu- 
tion, and  not  because  of  any  desire  I  have  to  hamper  the  uni- 
versity, or  any  other  of  our  institutions,  but  the  territory  has 
always  amply  provided  for  the  university,  and  undoubtedly  al- 
ways will,  and  I  think  it  hardly  just  to  say  in  the  constitution 
that  a  state  educational  institution  may  have  a  tax  in  excess 
of  the  limit  of  four  mills,  and  that  other  institutions  shall  be 
limited  to  the  general  tax.  This  is  the  object  of  my  amend- 
ment. I  think  they  should  all  stand  on  exactly  the  same  foot- 
ing as  other  institutions  of  a  public  nature.  This  provides  that 
a  special  tax  may  be  levied  for  educational  institutions  and  not 
levied  for  other  institutions. 

Mr.  CHAIRMAN.  There  seems  to  be  no  second  to  the  mo- 
tion. Any  further  amendments? 


CONSTITUTIONAL  CONVENTION. 

Mr.  BAXTER,  il  move  to  amend  by  inserting  after  the 
word  "educational"  the  words  "and  charitable." 

Mr.  CHAIRMAN.  Gentlemen,  you  have  heard  the  motion. 
Are  you  ready  for  the  question  ?  All  in  favor  of  the  motion  will 
.say  aye ;  contrary  no.  The  ayes  have  it ;  the  motion  prevails. 

Mr.  POTTER.  My  only  objection  to  these  limitations  has 
\been  the  fact  that  we  might  be  legislating  in  the  dark  in  re- 
gard to  this  matter,  and  what  we  do  cannot  be  undone.  I  think 
that  it  ought  to  be  conservative  enough  not  to  block  our  way 
to  properly  carry  on  the  state,  and  still  if  we  make  a  large  pro- 
vision we  are  liable  to  open  the  door  for  extravagant  legisla- 
tion, and  I  believe  we  ought  to  leave  it  entirely  alone..  Just 
to  bring  the  matter  before  the  attention  of  the  convention,  i 
move  to  strike  out  the  word  "four"  and  insert  the  word  "six,'7 
and  after  the  word  "property"  in  the  second  line  insert  "until 
the  taxable  property  shall  amount  to  one  hundred  millions  of 
'dollars,  and  thereafter  not  to  exceed  four  mills." 

Mr.  HAY.  I  am  in  favor  of  the  amendment,  for  in  chang- 
ing from  a  territorial  to  a  state  form  of  government  we  are 
liable  to  have  considerable  expense  as  already  indicated  here. 
It  is  certainly  not  a  heavy  tax  for  a,  state  on  the  amount  of 
taxable  property  we  have,  and  I  think  it  is  a  very  wise  propo- 
sition. I  don't  think  it  will  be  assessed  unless  it  is  needed. 

Mr.  BAXTER,  I  hope  that  won't  cafrry.  It  seems  to  me 
we  are  loaded  down  with  taxation  enough  already.  It  seems 
to  me  if  you  except  from  the  general  operation  of  this 
measure  charitable  and  state  educational  institutions  for 
which  special  levies  can  be  made,  that  four  mills  ought  to  be 
enough.  lE  don't,  believe  in  opening  the  doors. 

Mr.  FOX.  I  don't  believe  in  limiting  this  matter  in  such  a 
way  that  we  will  cripple  ourselves.  I  think  that  the  state  board 
will  be  men  of  judgment  and  not  levy  any  more  tax  than  is  ne- 
cessary. This  year  we  have  a  three  mill  general  tax,  and  a 
two  mill  and  a  half  tax  for  the  completion  of  this  building,  and 
if  we  can  stand  it  in  a  territory  if  it  is  necessary  we  can  stand 
it  fri  a  ista.te.  If  we  limit  to  six  it  will  be  all  right. 

Mr.  SUTHERLAND.  I  am  opposed  to  raising  this  from  four 
to  six.  When  our  taxes  became  due  it  took  up  two  sides  of  a 
•weekly  paper  to  describe  the  amount  of  property  which  was 
delinquent  for  taxes. 

Mr.  COFFEEX.  I  am  opposed  to  removing  the  limit  that 
will  allow  a  heavier  tax.  The  amount  of  money  that  would 
come  into  the  treasury  by  taxing  the  output  of  coal  mines 
would  bring  enough  money  into  the  treasury.  I  would  vote  to 
put  this  down  to  three  instead  of  at  four. 

Mr.  CHAIRMAN.  All  in  favor  of  the  amendment  will  say 
aye;  contrary  no.  The  noes  ha.ve  it;  the  motion  is  lost.  Sec.  7 
•will  now  be  read.  Anv  amendments  to  Sec.  7. 


PROCEEDINGS  AND  DEBATES. 


701 


Mr.  POTTER.  In  order  to  give  me  a  chance  to  vote  on  prin- 
ciple on  this  matter,  I  move  to  strike  out  that  section.  I  am 
opposed  to  every  one  of  these  limitations.  I  simply  say  (I  don't 
believe  we  ought  to  put  these  limitations  in  the  constitution. 
I  am  opposed  to  everything  in  this  file  and  shall  not  vote  for 
it. 

Mr.  CHAIRMAN.  The  question  is  on  the  motion  to  strike 
out  Sec.  7.  All  in  favor  of  the  motion  will  say  aye;  contrary 
no.  The  noes1  have  it ;  the  motion  to  strike  out  is  lost.  Sec.  8. 
Any  amendments  to  Sec.  7? 

Mr.  BROWN.  I  don't  like  this  section  here  as  to  the  addi- 
tional tax  of  two  dollars/  for  each  person  between  the  ages  of 
twenty-one  and  fifty  years  inclusive  shall  be  annually  levied  for 
county  school  pur-poses.  Now  I  believe  that  a  poll  tax  ought  to 
be  a  territorial  tax.  We  should  provide  that  every  citizen  of 
the  territory  should  pay  a  poll  tax  of  two  dollars  for  school 
purpose^.  It  should  be  a  territorial  tax. 

(Reading  of  Sec.  8.) 

Mr.  HAY.    I  move  to  strike  this  section  out. 

Mr.  RINER.  Under  the  section  as  it  stands  you  provide 
that  no  city  or  town  shall  levy  a  tax  to  exceed  six  mills  on  the 
dollar,  except  for  the  payment  of  its  public  debt.  Now  I  would 
like  to  ajsk  Mr.  Potter  if  the  six  mill  tax  is  sufficient  for  the 
needs  of  the  running  expenses  of  the  city  of  Cheyenne,  exclusive 
of  the  city's  indebtedness  and  interest?  Would  that  be  enough 
to  pay  the  city  officials,  the  necessary  improvements  upon  the 
streets  and  the  other  necessary  running  expenses,  exclusive  of 
its  indebtedness?  I  ask  for  information,  as  ,1  don't  know. 

Mr.  HAY.  As  a 'member  of  the  committee  I  took  pains  as 
regards  Cheyenne  in  this  matter.  And  I  satisfied  myself 
that,  by  the  strictest  economy,  without  any  improvements  on 
streets  and  alleys,  the  city  could  exist,  but  in  case  of  any  unfor- 
seen  accident,  anything  that  caused  the  expenditure  of  any  un- 
expected amount  of  money,  we  would  be  unable  to  meet  it,  and 
our  warrants  would  have  to  go  unpaid  until  we  could  get  the 
cash  to  meet  them.  We  could  get  through  on  six  mills,  but 
that's  all.  The  last  year  the  levy  was  something  over  eight 
mills,  and  we  have  been  pretty  economical  this  year,  as  every- 
body knows.  I  made  this  motion  to  strike  out,  simply  to  bring 
this  matter  up.  There  are  two  or  three  provisions  which  would 
make  it  very  difficult  for  .certain  cities  and  counties  to  get 
along  at  all. 

Mr.  POTTER.  We  have  a  proposition  giving  to  the  legisla- 
ture power  to  pass  general  laws  for  the  incorporation  of  cities 
and  towns,  and  it  seems  to  me  that  we  had  better  go  to  work 
and  pass  those  general  laws  ourselves.  That  seems  to  be  the 
sentiment  of  this  convention,  and  I  don't  think  we  ought  to  be 
too  modekt  about  it.  Let  us  do  it  ourselves,  let  somebody  get 
up  a  general  law  for  the  incorporation  of  cities  and  towns,  and 


702  CONSTITUTIONAL  CONVENTION. 

I  believe  the  majority  of  this  convention  would  consider  it.  It 
we  are  going  to  give  the  legislature  power  to  pass  general  laws 
for  the  incorporation  of  cities  and  towns,  we  ought,  to  leave 
this  to  them.  They  will  know  what  will  be  required,  we  don't, 
they  will  know  all  of  the  circumstances  and  conditions,  and 
from  time  to  time  can  put  restrictions  upon  them.  We  don't 
know  anything  about  it,  and  ought  to  leave  this  to  the  legisla- 
ture. There  is  not  a  charter  in  the  territory  today  of  an  incor- 
porated city  or  town  that  does  not  have  a  limitation  upon  its 
power  to  levy  taxes  as  to  the  amount,  and  I  think  they  have  all 
been  very  moderate,  they  have  not  been  extravagant  in  their 
limitations  at  all. 

Mr.  COFFEES.  I  do  not  know  that  I  can  give  much  infor- 
mation, but  I  can  announce  this  that  (I  am  opposed  to  having 
this  increased  to  too  great  a  limit.  If  the  city  fall  into  irrespon- 
sible hands  they  will  be  taxed  to  the  utmost  limit,  and  I  should 
be  in  favor  even  of  cutting  this  down.  There  has  not  been  any 
argument  to  show  that  this  is  insufficient  for  a  good  and 
proper  administration  of  a,  city  government,  and  we  have  other 
cities  in  this  state  than  this  one  in  which  we  are  now  holding 
this  convention.  I  believe  this  is  sufficient. 

Mr.  ELLIOTT.  I  desire  to  say  that  I  am  not  in  this  con- 
vention to  do.  or  attempt  to  do  any  locality  or  any  portion  of 
this  territory  any  injustice.  If  the  Cheyenne  delegation,  who 
know  their  own  affairs  better  than  we  do,  think  they  cannot 
run  the  city  on  six  mills,  I  am  in  favor  of  giving  them  what- 
OA'er  limit  they  say  is  necessary. 

Mr.  BAXTER.  I  have  lived  in  Cheyenne  a  long  time  and 
I  think  six  mills  ought  to  be  enough.  \L  hope  this  convention 
will  stand  by  the  six  mills. 

Mr.  BURRITT.  Mr.  Chairman,  I  simply  desire  to  call  the 
attention  of  the  convention  to  the  fact  that  all  of  our  cities  in 
this  erritory,  as  they  exist  at,  present,  have  not  the  same  ad- 
vantages. Some  of  them  labor  under  great  disadvantages,  and 
I  am  of  the  opinion  that  wre  ought  not  to  put  a  limit  in  this 
constitution  that  would  answer  the  requirements  of  our  own 
particular  localities,  and  which  would  not  enable  some  other 
city  to  meet  its  necessary  running  expenses.  In  our  city,  a« 
Mr.  Elliott,  who  is  mayor,  will  bear  me  out,  we  have  never 
found  it  necessary  to  levy  more  than  six  mills,  and  it  was  only 
in  one  year  that  we  ran  above  four  mills,  and  six  is  all  I  think 
we  will  ever  have  to  levy,  and  yet  I  am  satisfied  that  there  is 
at  least  no  other  toAvn  in  the  territory  that  cannot  exist  be 
side  Cheyenne  on  this  six  mill  limit,  but  they  could  on  an  eight 
mill  limit.  And  for  that  reason  I  shall  support  Mr.  Riner's 
amendment. 

Mr.  RINER.  I  think  it  is  impossible  to  decide  the  necessi- 
ties of  one  city  by  those  of  another.  Now  there  are  many 
things  in  this  city  I  have  no  doubt  that  other  towns  have  not 


PROCEEDINGS  AND  DEBATES.  703 

found  necessary.  I  know  that  the  authorities  who  have  had 
the  city's  finances  in  charge  the  last  year  or  two  especially  have 
been  extremely  careful  about  the  expenditures.  They  have 
economized  wherever  necessary.  You  have  no  idea  what  it 
costs  in  this  city  to  keep  up  our  fire  department.  We  know 
that  by  reason  of  the  efficiency  of  our  volunteer  fire  department 
that  our  fire  losses  have  been  comparatively  small.  We  have 
.a  good  many  fires,  but  the  fire  losses  have  not  been  large.  In 
the  absence  of  a  fire  department  many  thousands  of  dollars 
worth  of  property  would  have  been  destroyed',  and  you  would 
be  surprised  to  see  tjie  expenditures  for  the  purpose  of  sustain- 
ing that  fire  department,  and  I  say  it  is  necessary.  Now  in 
many  cities  they  don't  have  that  at  all.  There  are  many  other 
instances,  but  I  refer  to  that  as  one,  and  there  are  many  others 
that  many  cities  may  not  find  necessary  at  all,  and  that  is  wHy 
I  say  you  cannot  decide  this  in  reference  to  localities.  I  don't 
think  this  ought  to  be  decided  with  reference  to  Cheyenne. 

Mr.  SMITH.  This  question  of  framing  a  constitution  means 
simply  this.  That  it  is  framed  for  the  purpose  of  limitation. 
The  charge  that  these  limitations  put  in  here  is  legislation  is 
a  mistaken  idea  and  misleading.  The  purpose  of  a  constitution 
is  to  place  restrictions  upon  these  things,  because  wherever  that 
is  not  done  it  is  left  open  to  the  legislature.  I  believe  we  can 
do  this,  and  the  proper  way  would  be  to  classify  the  cities. 
In  our  city  we  have  been  grading  the  streets,  and  we  have 
got  along  on  a  three  mill  tax,  and  with  the  saloon  licenses, 
if  they  continued  to.  go  to  a  city  like  Rawlins,  Evanston  or 
Green  River,  and  other  small  towns,  two  mills  would  be 
enough. 

Mr.  CAMPBELL.  Suppose  the  legislature  should  come  in, 
as  they  have  tried,  and  pass  a  law  that  all  saloon  licenses 
should  be  paid  into  the  county  treasury,  then  where  would  your 
cities  be? 

Mr.  SMITH.  I  said  if  you  leave  them  in  it  would  be  suffi- 
cient. 

Mr.  CHAIRMAN.  The  question  is  on  the  amedment  to 
strike  out  six  and  insert  eight  All  in  favor  of  the  motion  will 
say  aye;  contrary  no.  The  ayes  have  it;  it  is  so  ordered. 

Mr.  BROWN.  I  have  an  amendment  to  offer.  Strike  out 
all  of  the  last  sentence  of  Sec.  7,  and  insert  as  the  last  part  of 
Sec.  8  the  following:  "Every  person  in  the  state  over  twenty- 
one  years!  of  age,  and  not  more  than  fifty  years  of  age,  shall 
be  required  to  pay  to  the  state  a  poll  tax  of  two  dollars,  for  the 
support  of  the  common  schools  thereof." 

Mr.  FOX.  I  am  in  favor  of  his  section  as  it  stands,  because 
I  think  it  belongs  to  the  county. 

Mr.  POTTER.  There  might  be  some  question  as  to  whether 
it  should  go  to  the  district  schools,  and  it  seems  to  me  that  the 
words  county  school  purposes  are  better. 


7°4 


CONSTITUTIONAL  CONVENTION 


Mr.  CHAIRMAN.  The  question  is  on  the  amendment  of- 
fered by  the  gentleman  from  Albany.  All  in  favor  of  the  mo- 
tion will  say  aye;  contrary  no.  The  noes  have  it;  the  amend- 
ment is  lost.  Sec.  9. 

Mr.  HAY.  In  order  to  bring  this  up  I  move  to  strike  out 
''thjree'  and  insert  "five." 

Mr.  CLAHK.  That  is  just  the  motion  I  was  going  to  make. 
Up  in  Uinta  county  we  are  so  rich  in  children  and  poor  in 
property  that  three  mills  would  close  the,  schools  half  the 
year  in  Evanston  and  Alni3r,  would  not  be  sufficient  to  hold 
school  more  than  half  the  year. 

Mr.  BROWN.  I  believe  if  the  people  want  to  give  their 
money  away  for  the  support  of  their  school  district  they  have 
a  right  to  do  it. 

Mr.  TESCHEMACHER,  In  my  district  nine-tenths  of  the 
tax  paid  for  schools  is  paid  by  four  corporations,  these  four 
corporations  are  represented  by  another  man  and  myself,  and 
we  haven't  any  children  to  be  sent  to  school,  the  people  who 
gel;  the  benefit  of  the  school  district  pay  one-tenth,  and  this 
one-tenth  makes  the  other  nine-tenths  pay  whatever  they 
please. 

Mr.  POTTER.  We  are  going  to  authorize  the  state  to  main- 
tain a  system  of  common  schools,  if  there  is  anything  we  be- 
lieve in  spending  money  for  it  is  to  keep  up  the  schools,  and  we 
ought  not  to  have  a  limitation  on  that.  We  ought  to  leave  that 
to  be  acted  upon  by  the  legislature. 

Mr.  CHAIRMAN.  The  question  is  on  the  motion  to  strike 
out  Sec.  9.  All  in  favor  of  the  motion  will  say  aye;  contrary- 
no.  The  ayes  have  it ;  the  motion  is  ordered  stricken  out. 

(Reading  of  Sec.  10.) 

Mr.  FOX.  I  move  to  strike  that  out.  My  reason  for  mak- 
ing that  motion  is  that  in  the  educational  file  there  is  a  provi- 
sion that  all  moneys  shall  be  held  as  perpetual  funds,  never 
loaned  out,  but  to  be  invested  in  some  bonds. 

Mr.  COFFEEN.  I  believe  it  is  time  to  say  a  word  in  de- 
fence of  the  committee  who  formulated  this  file.  They  have 
canvassed  almost  all  the  points  that  have  been  brought  up  so 
far.  The  purpose  of  this  file  is  to  reach  one  certain  point, 
correct  one  certain  abuse,  more  than  anything  else.  It  is  that 
whatever  profit  is  made  on  public  funds  shall  accrue  to  the 
fund  on  which  it  is  made.  We  have  arranged  that  a  profit 
may  be  made,  and  whatever  is  made,  instead  of  being  used  as 
a  conniption  fund  to  help  elect  the  treasurer,  shall  go  to  the 
fund  from  which  it  is  derived.  There  is  not  a  dollar  to  be  made 
on  state  funds  to  be  used  for  private  gain  or  purpose.  This  is 
intended  to  reach  that  case,  and  £  ask  you  therefore  to  consider 
very  carefully  this  important  question.  You  cannot  give  it  the 
consideration  the  committee  has,  it  would  require  more  time 
than  we  have  at  our  disposal.  We  must  rely  upon  our  com- 


PROCEEDINGS  AND  DEBATES.  705 

mittee  to  do  some  things.  All  these  things  have  been  inserted 
here  with  a  purpose.  And  I  think  you  will  see  there  is  a  safe- 
guard in  every  provision. 

Mr.  HAY.  The  gentleman  from  Sheridan  thinks  this  is  a 
very  important  question,  and  I  agree  with  him  in  this  partic- 
ular cas(J,  particularly  as  to  the  object  that  is  sought  tp  be 
accomplished  by  the  section  now  under  discussion,  but 
the  obiection  I  have  had  to  it  was  that  I  feared 
very  much  that  it  will  relieve  the  treasurer  from  his  bond.  The 
law  says  they  shall  deposit  their  money  in  a  bank,  and  having 
put  it  there  as  required  by  law,  if  the  bank  should  fail  I  think 
they  would  be  relieved  of  their  bounds.  That  seems  to  me  to 
be  common  sense.  I  think  Sec.  11  covers  this  as  much  as  we 
can  cover  it. 

Mr.  POTTER.  I  think  I  have  givent  this  matter  some  con- 
sideration. I  have  looked  at  it  very  carefully  since  this  file 
was  printed,  and  I  think  part  of  it  is  all  right.  I  believe  in 
prohibiting  the  treasurer  from  reaping  a  profit  on  public  funds, 
that  part  of  it  is  all  right.  But  is  says  here  it  shall  be  depos- 
ited in  a  national  bank,  or  in  a  bank  incorporated  under  the 
laws  of  this  state.  Now  in  some  places  there  will  be  no  such 
bank,  ad  they  would  have  to  send  the  money  out  of  the  county. 
Then  you  say  they  shall  furnish  security.  (I  think  you  would 
find  some  trouble  in  getting  a  bank  to  give  a  bond,  and  I  have 
some  doubt  aibout  the  authority  of  a  national  bank  to  give  a 
bond  or  otheri  security  On  a  deposit  of  money  with  thefri.  I  am 
exceedingly  doubtful  about  it.  Of  course  while  the  bank  could 
not  sign  it,  the  directors  could  sign  it.  But  that  would  not  be 
the  bond  of  the  bank.  But  the  greatest  question  with  me  is 
with  reference  to  the  liability  of  the  treasurer.  We  all  know 
under  our  present  law  the  treasurer  is  liable  for  the  money, 
although  the  bank  should  fail,  and  his  bond  is  liable.  But 
under  this  provision  you  take  away  from  the  state  that  re- 
course, because  you  say  to  the  treasurer,  you  shall  not  keep 
your  money  in  your  safe,  but  you  shall  deposit  it  in  a  bank, 
and  if  he  deposits  that  money  in  a  bank  the  treasurer  is  not 
liable  on  his  bond,  and  you  must  then  go  upon  the  other  se- 
curity that  is  given  for  the  money.  You  might  as  well  take  no 
security  from  the  treasurer,  because  he  has  no  control  what- 
v-ver  of  the  money,  except  as  far  as  paying  it  out  on  warrants 
is  concerned,  he  is  simply  a  machine,  having  no  responsibility, 
to  the  state  or  county  whatever.  It  strikes  me  that  would  be 
the  effect  of  this  section.  This  is  an  exceedingly  important 
question.  And  I  would  ask  the  committee  to  consider  it  very 
carefully. 

Mr.  FOX.    It  is  the  absurdity  of  the  proposition  that  strikes 

me.    Would  it  not  be  very  absurd  to  require  a  national  bank 

to  give  you  a  bond  when  you  went,  to  make  a  deposit?    It  don't 

look  reasonable  on  the  face  of  it.    That  when  you  want  to  de- 

—  45 


706  CONSTITUTIONAL  CONVENTION. 

posit  a  thousand  dollars  they  must  furnish  you  a  bond.  A 
state  or  a  county  treasurer  is  in  the  same  category.  Why 
should  they  be  required  to  give  them  a  bond  any  more  than 
a  private  individual? 

Mr.  COFFEEN.  I  want  to  dicuss  this  question  a  moment 
In  the  first  place  you  practically  lock  it  up  so  he  cannot  use 
it  for  anything  except  according  to  law,  and  you  have  taken 
that  much  out  of  circulation,  if  you  strike  this  out.  So  much 
for  that.  In  the  second  place  this  says  whenever  practical 
it  shall  be  deposited  in  a  national  bank  or  a  bank  incorporated 
under  the  laws  of  this  state.  Those  who  have  charge  of  this 
fund  are  to  be  the  judge  as  to  the  practicability  of  depositing 
it  in  any  organized  bank.  Then  we  are  told  something  about 
security.  That  was  discussed  by  the  com/niittee  also.  A  na- 
tional bank  cannot  give  security  as  such,  but  the  individuals 
composing  that  bank  can  readily  give  a  bond,  necessary  for 
every  purpose  in  the  case.  As  to  the  liability,  if  the  security 
is  good,  and  they  will  be  as  good  judges  of  the  character  and 
quality  of  the  security  as  we  are<,  there  can  be  no  loste  to  the 
county,  or  the  town,  or  the  state,  for  it  is  secured  by  that  in  ad- 
dition to  the  possible  liability  of  the  treasurer.  I  believe  it 
is  better  to  have  it  stand  as  it  is,  so  the  money  will  not  be 
locked  up,  but  get  into  circulation  where  it  is  needed,  and 
help  the  people  along. 

Mr.  HAY.  Speaking  as  a  banker,  I  am  in  favor  of  this 
proposition.  I  would  like  to  see  some  regulation  that  would 
take  the  deposits  out  of  politics  as  it  were,  out  of  the  ring  that 
it  is  in.  The  treasurer  gets  his  political  influence  because  he 
promises  his  deposits  somewhere,  in  a  certain  place,  and  I 
don't  believe  it  will  be  any  more  safe  in  that  way,  because  he 
often  deposits  it  in  a  private  bank  and  has  that  private  bank- 
er as  a  principal  bondsman.  But  this  does  not  strike  me  as 
just  right,  and  a  little  dangerous  in  regard  to  the  treasurers 
bond,  but  if  the  lawyers  of  the  convention  are  satisfied  that  it 
does  not  release  that  security,  I  believe  the  other  difficulties 
can  be  got  rid  of. 

Mr.  KINER.  I  would  like  to  ask  Mr.  Coffefn  a  question. 
What  is  the  object  of  requiring  a  bank  to  give  the  treasurer, 
indemnity,  when  the  state  takes  a  bond  from  the  treasurer? 
What  interest  can  the  state  have  in  the  personal  security  of 
the  treasurer?  The  treasurer  may  require  as  a  condition  of 
making  the  deposit  that  he  be  given  a  bond  indemnifying  him 
personally  against  loss,  but  that  is  a  personal  matter  with 
)him.  If  he  gives  the  state  a  bomd  it  seems  to  me  that  sec- 
tion 11  covers  the  question.  If  the  purpose  is  to  require  two 
bonds  to  the  state  then  I  don't  believe  the  language  is  suffi- 
cient. 

Mr.  HAY.  That  is  the  intention,  so  that  in  case  there 
should  be  any  los£  by  reason  of  his  having  deposited  as  this 


PROCEEDINGS  AND  DEBATES.  707 

requires  in  the  hands  of  a  national  or  state  bank,  that  after 
"having  done  that,  his  bond  is  released,  and  the  state  would 
liave  some  security. 

Mr.  CHAIRMAN.  The  question  is  on  the  motion  to  strike 
out  Sec.  10.  All  in  favor  of  the  motion  will  say  aye ;  contrary 
no.  The  noes  have  it;  the  motion  is  lost.  Any  further  amend- 
ments to  Sec.  10? 

Mr.  BROWN.  I  would  suggest  this  amendment  to  Sec. 
10.  I  think  if  this  section  as  it  stands  does  not  relieve  the 
treasurer  of  his  bond  that  it  ought  to.  When  you  compel  a 
man  who  gives  a  bo'nd,  and  who  undertakes  to  be  responsible 
ior  the  care  of  money,  when  you  compel  him  to  deposit  in  a 
bank,  you  are  taking  away  from  him  the  care  of  the  money 
which  he  is  giving  a  bond  to  preserve,  and  it  would  be  an  out- 
rage to  compel  him  to  be  responsible  under  the  circumstances. 
Now  I  think  that  whole  matter  can  be  reached.  And  I  was 
About  to  suggest  an  amendment  to  the  section  as  follows: 
"May  be  deposited  in  a  bank,  or  such  other  place  as  the  legis- 
lature may  by  law  prescribe/'  Leave  the  matter  in  the  hands 
•of  the  legislature  to  regulate  as  best  they  can. 

Mr.  COFFEEN.  The  amendment  before  us  is  to  leave  to 
the  legislature  to  attend  to,  and  do  and  regulate  one  of  the 
most  important  things  we  have  attempted  to  do.  In  my  judg- 
ment if  you  will  study  these  wards  here,  and  notice  the  evils 
to  be  corrected,  to  secure  to  the  state  or  county  the  profits 
diat  may  accrue,  to  stop  the  corruption  that  may  come  from 
Allowing  the  treasurer  the  benefit  of  the  use  of  the  public 
moneys.  I  believe  you  will  hesitate  a  moment  before  you  do 
this.  The  state  ought  to  have  security.  That  will  be  given 
under  this.  And  the  money  will  be  safe  even  if  the  treasurer 
should  be  relieved  of  his  bond.  He  is  only  relieved  to  the  ex- 
tent of  the  deposit  in  any  event.  And  by  this  method  we  will 
keep  the  money  in  circulation,  which  is  a  very  good  and  proper 
thing,  one  much  required  and  needed  in  these  times  of  scar- 
city of  currency  in  this  territory. 

Mr.  31  ORGAN.  I  want  to  offer  a  substitute  for  this  sec- 
tion. "All  interest  and  other  profit  arising  or  accruing  from 
any  state,  county,  city,  town  or  school  district  fund,  shall  ac- 
crue to  the  fund  from  which  it  is  derived,  and  the  diversion  Ox 
any  part,  thereof  by  any  one  shall  be  deemed  a  felony,  and  shall 
toe  punished  as  provided  by  law." 

Mr.  HAY.  I  want  to  say  in  regard  to  that  that  the  treas- 
urer will  lock  the  money  in  the  vault,  he*  is  not  going  to  risk  the 
money  out  anywhere  for  the  sake  of  having  it  earn  interest 
for  the  state.  He  will  lock  it  up  in  the  vault,  and  thereby  take 
it  out  of  circulation. 

Mr.  ELLIOTT.  I  will  say  first  that  this  section  had  more 
attention  paid  to  it  by  the  committee  than  all  the  rest  of  it 
put  together.  Every  question  that  has  been  suggested  here 


708  CONSTITUTIONAL  CONVENTION. 

was  discussed  very  carefully  in  the  committee.  We  found 
there  existed  what  we  considered  a  great  public  evil ;  we  found 
that  the  treasurer  of  the  state  and  different  counties  and 
school  districts  had  been  using  the  public  funds  for  their  own 
benefit,  and  we  wanted  in  some  way  to  provide  against  that, 
and  we  decided  upon  this  section  as  the  best  possible  section 
that  could  be  drawn  for  this  purpose.  The  idea  of  putting  the 
words  "whenever  practicable"  was  that  in  some  counties 
perhaps  there  might  be  no  national  banks,  or  banks  organ- 
ized under  the  laws  of  this  state,  and  thas  it  would  be  impos- 
sible for  the  money  to  be  deposited  there.  And  it  would  have 
to  be  sent  out  of  the  county,  which  would  be  improper,  to  have 
it  sent  to  another  county  for  deposit,  [but  the  main  ide/a  is  that 
when  the  money  is  used  at  all,  if  it  is  taken  out  of  the  hands  of 
the  treasurer,  that  whatever  interest  may  accrue  shall  accrue 
to  the  benefit  of  the  fund  to  which  it  belonged.  Now  the  prop- 
osition submitted  by  Mr.  Morgan  will  accomplish  nothing  what- 
ever. No  treasurer  is  going  to  risk  his  bond  by  depositing 
money  in  any  bank  unless1  he  is  going  to  get  something  for  it. 
They  do  it  now  because  they  themselves  get  the  benefit  from 
it,  but  when  you  say  that  the  interest  that  may  be  derived 
from  it  shall  accrue  to  the  fund  to  which  it  belongs,  then  you 
ask  them  to  take  all  the  risk  for  the  benefit  of  the  state,  and  no 
man  is  going  to  run  that  risk  for  the  benefit  of  the  state. 

Mr.  MORGAN.    I  withdraw  my  substitute. 

Mr.  CHAIRMAN.    Any  further  amendments?    Sec.  11. 

Mr.  BAXTER.  j[  move  to  insert  after  the  word  "money7"' 
in  the  second  line,  the  words  "or  other  public  funds." 

Mr.  CHAIRMAN.  It  is  moved  to  amend  by  inserting  af- 
ter the  word  "money"  the  words  "or  other  public  funds."  Are 
you  ready  for  the  question?  All  in  favor  of  the  motion  will 
say  aye;  contrary  no.  The  ayes  have  it;  it  is  so  amended.  Sec- 
tion 12. 

Mr.  POTTER,  In  order  to  avoid  any  misunderstanding 
I  move  to  insert  the  words  ''of  state"  after  the  word  "'secre- 
tary." 

Mr.  CHAIRMAN.  Gentlemen,  you  have  heard  the  amend- 
ment. Are  you  ready  for  the  question.  All  in  favor  of  the 
motion  will  say  aye;  contrary  no.  The  aye£  have  it;  it  is  so 
amended.  Sec.  13. 

Mr.  BAXTER.  I  move  to  amend  by  adding  to  the  last 
line  the  words  "and  such  other  duties  as  may  be  prescribed  by 
law." 

Mr.  CHAIRMAN.  Gentlemen,  you  have  heard  the  amend- 
ment. Are  you  ready  for  the  question?  All  in  favor  of  the 
motion  will  say  aye;  contrary  no.  The  ayes  have  it;  it  is  so- 
amended. 

Mr.  BROWN.  I  would  change  these  sections,  I  would 
strike  out  all  of  Sec.  14  after  the  words  "prescribed  by  law," 


PROCEEDINGS  AND  DEBATES.  709 

and  make  the  latter  part  of  the  section  a  part  of  Sec.  13.  I 
don't  believe  the  machine  shops  should  be  assessed  along  with 
the  rails  and  rolling  stock.  I  believe  every  county  should 
assess  the  property  in  that  county,  ff  would  like  to  see  that 
section  separated. 

Mr.  HAY.  There  is  one  thing  about  this  I  don't  like.  It 
says  that  it  shall  be  distributed  "in  proportion  to  the  number 
of  miles  of  railway  laid  in  such  counties,  cities,  towns,  e(tc.'7 
If  that  means  that  a  city  wrhich  has  a  large  amount  of  railroad 
property  not  connected  with  he  road  bed  shall  go  in  at  the 
mileage  assessments,  I  want  that  changed  before  it  is  passed. 
It  might  have  four  or  five  hundred  thousand  dollars  worth  of 
property  and  only  two  miles  of  railroad  in  that  town,  and  if 
under  this  proposition  it  would  only  get  the  benefit  of  those 
two  miles  of  road  then  I  want  this  changed. 

Mr.  BROWN.  I  desire  to  call  attention  to  these  two  sec- 
tions, as  they  now  are.  They  are  inconsistent  with  each  oth- 
etr.  You  say  in  one  section  that  the  board  shall  assess  "all 
property"  and  in  the  other  "all  property  except  as  herein  pro- 
vided shall  be  assessed  in  each  county,  city,  town,  in  which 
it  is  situated,  in  the  manner  prescri|bed  by  law."  NOAV  there  is 
another  thing  I  want  to  call  attention  to  in  Sec.  14.  The  lan- 
guage is:  "The  franchise,  roadway,  road  bed,  rails,  and  roll- 
ing stock,  and  all  other  property  used  in  the  operation  of  all 
railroads  and  other  common  carriers  operated  in  the  state." 
Now  this  carries  with  it  all  the  machine  shops,  all  the  round 
houses,  or  rolling  mills,  and  everything  else  that  the  company 
owns  of  that  kind,  because  it  is  all  used  by  that  company  in 
operating  their  road.  I  don't  think  you  want  the  value  of 
these  shops  at  Cheyenne  distributed  all  along  the  line  of  this 
road  among  the  various  counties.  I  don't  think  we  want  it 
just  that  way. 

Mr.  ELI<IOTT.  I  move  this  be  referred  back  to  the  commit- 
tee. 

Mr.  CHAIRMAN.  It  is  moved  and  seconded  that  Sees. 
14  and  13  be  referred  back  to  the  committee.  All  in  favor  of 
the  motion  will  say  aye;  contrary,  no.  The  ayes  have  it;  the 
motion  prevails.  The  section  is  so  referred. 

Sec.  18.    Any  amendments? 

Mr.  RINER.  I  would  like  to  ask  the  committee  if  it  pro- 
poses to  tax  Masonic  property,  and  property  that  belongs  to 
the  Knights  of  Pythias  and  other  organizations  of  that  kind. 

Mr.  ELLIOTT!    It  does. 

Mr.  RINER.  Then  I  want  to  make  an  amendment.  I  don't 
believe  they  ought  to  be  taxed,  and  in  order  to  bring  the  mat- 
ter up,  I  will  offer  this  amendment:  To  strike  out  the  word 
"of"  after  the  word  "institution"  in  the  fifth  line  and  strike  out 
the  words  ''public  charity"  and  insert  "charitable." 


7io 


CONSTITUTIONAL  CONVENTION. 


Mr.  FOX.  I  would  like  to  ask  a  question.  It  says  "places 
for  actual  religious  worship."  Xow  most  of  those  places 
have  parsonages  connected  with  them.  I  wrould  like  to  know 
whether  they  would  be  exempted  under  Ihis? 

Mr.  COFFEES".  In  Oi-der  to  cover  this  matter  of  church 
parsonages,  I  move  to  insert  after  the  word  "worship"  the 
words  "church  parsonages." 

Mr.  CHAIRMAN.  Gentlemen,  you  have  heard  the  mo- 
tion. Are  you  ready  for  the  question  ?  All  in  favor  of  the  mo- 
tion will  say  aye;  contrary  no.  The  ayes  have  it;  the  motion 
prevails.  The  question  is  now  on  the  amendment  to  strike 
out  the  words  "of"  and  "public  charity"  and  insert  the  word 
"charitable." 

Mr.  COFFEEN.  Just  a  word  here.  I  shall  oppose  this 
amendment  unless  we  shall  include  such  societies  as  the 
Knights  of  Labor  under  this  provision.  I  see  no  reason  Avhy 
the  Knights  of  Labor  should  not  have  their  rooms  exempt,  as 
Avell  as  the  Masons,  or  the  Odd  Fellows,  or  both.  If  you  will 
insert  the  Knights  of  Labor  I  am  perfectly  willing  that  this 
should  go  up. 

Mr.  HAY.  I  am  opposed  to  this  amendment.  I  am  heartily 
in  sympathy  and  belong  to  some  of  the  organizations  mention- 
ed, but  I  believe  this  opens  the  door  for  a  great  deal  of  abuse. 
The  Masonic  order  may  have  a  temple,  and  rent  the  rooms  for 
a  large  amount  of  money,  which  they  usually  do,  and  the  tax 
on  this  class  of  property  is  usually  very  light  any  way,  and  if 
we  put  this  sort  of  thing  in  here  it  opens  the  door  for  a  great 
deal  of  abuse. 

Mr.  RINER.  I  don't  think  Mr.  Hay  understands  this  sec- 
tion. The  purpose  I  want  to  reach  is  that  lodge  property 
should  be  exempted  from  taxation.  If  they  have  a  building 
out  of  which  they  are  deriving  a  revenue  then  that  property 
should  be  taxed  just  the  same  as  any  other  property.  What 
I  mean  is  that  property  used  purely  for  the  purposes  of  the  in- 
stitution should  be  exempted  from  taxation.  This  gives  the 
legislature  the  power  to  exempt  it,  and  ttfat  is  what,  I  want. 

Mr.  BURRITT.  I  would  have  this  stop  at  the  word  "taxa- 
tion" in  the  third  line,  leaving  it  to  the  legislature  as  to  ex- 
empting these  other  institutions  from  taxation. 

Mr.  BROWN.  I  am  opposed  to  this  amendment,  and  I  be- 
lieve this  entire  thing  should  stop  at  "taxation."  It  is  very 
improper  it  seems  to  me  to  insert  in  a  constitution  a  proposi- 
tion exempting  agricultural  fairs  and  other  things  of  that  kind 
from  taxation.  If  I  happen  to  hold  a  thousand  or  fifteen  hun- 
dred dollars  worth  of  stock  in  a  fair  association  organized  un- 
der the  laws  of  the  territory,  although  it  may  not  be  paying 
me  any  profit  now,  I  should  certainly  not  have  gone  into  it 
if  I  had  not  expected  it  to  do  so  at  some  time.  I  don't  ask  any 
charity  of  Wyoming,  and  if  I  belong  to  a  Masonic  society  and 


PROCEEDINGS  AND  DEBATES.  711 

have  a  part  ownership  by  way  of  stock,  I  don't  ask  any  charity 
from  the  territory  of  Wyoming,  and  I  am  willing  to  pay  for  it, 
and  when  I  get  so  poor  (I  can't  pay  I  will  sell,  and  if  I  have  got 
stock  in  a  religious  institution  I  am  willing  to  pay  for  that, 
and  I  am  opposed  to  exempting  agricultural  fairs,  Masonic  and 
Knights  of  Labor  property,  and  houses  of  religious  worship  ana 
everything  else. .  I  am  opposed  to  loading  down  this  constitu- 
tion -with  a  lot  of  provisions  for  exemptions,  saying  that  the 
legislature  may  do  this,  when  if  you  leave  them  out,  the  leg- 
islature may  do  it  anyway.  Now  there  are  certain  things  that 
the  United  States  law  requires  this  state  to  exempt.  The 
property  of  the  United  Staes  for  instance,  and  the  state  can- 
not tax  itself.  I  move1  to  strike  out  all  after  the  word  "taxa- 
tion" in  the  third  line. 

Mr.  CHAIRMAN.  The  question  is  on  the  motion  to  strike 
out.  All  in  favor  of  the  motion  will  say  aye;  contrary  no. 
The  noes  have  it ;  the  motion  is  lost. 

Mr.  RINER.  I  move  to  strike  out  "places  of  burial  not 
used  or  held  for  private  or  corporate  profit"  and  insert  "pub- 
lic cemeteries." 

Mr.  BURRITT.  I  offer  an  amendment  to  the  amendment. 
Add  after  the  words  "pulblic  cemeteries"  the  words  "and  such 
other  property  as  the  legislature  may  by  general  law  pro- 
vide." 

Mr.  CHAIRMAN.  Gentlemen,  you  have  heard  the  motion. 
Are  you  ready  for  the  question?  All  in  favor  of  the  amend- 
ment will  say  aye;  contrary  no.  The  ayes  have  it;  the  motion 
prevails. 

(Reading  of  Sec.  16.) 

Mr.  BURRITT.  To  give  this  convention  a  chance  to  be  con- 
sistent, I  move  to  strike  out  in  the  second  line  the  words  "to 
which  only  it  shall  be  applied." 

Mr.  CHAIRMAN.  Gentlemen,  you  have  heard  the  motion. 
Are  you  ready  for  the  question?  All  in  favor  of  the  motion  to 
strike  out  will  say  aye;  contrary  no.  The  noes  have  it;  the 
motion  is  lost.  Sec.  17. 

Mr.  HAY.  I  move  to  strike  out  "legislative  assembly"  and 
insert  "legislature." 

Mr.  HARVEY.  I  move  to  strike  out  the  whole  section,  to 
nnd  out  what  it  means. 

Mr.  GRANT.    It  means  just  what  it  says. 

Mr.  CHAIRMAN.  The  question  is  on  the  motion  to  strike 
out.  All  in  faA^or  of  the  motion  will  say  aye;  contrary  no. 
The  ayes  have  it;  the  motion  prevails. 

Mr.  POTTER.  It  seems  to  me  there  is  no  provision  what- 
ever in  this  revenue  bill,  and  it  is  one  which  we  ought  to  have. 
In  the  first  place  there  seems  to  be  some  question  about  any 
provision  being  made  for  the  taxation  of  personal  property, 
and  I  think  we  ought  to  have  a  general  proviso  with  reference 


712  CONSTITUTIONAL  CONVENTION. 

to  uniformity  of  taxation,  and  simply  for  the  purpose  of  bring- 
ing this  matter  up,  I  move  an  amendment  as  follows:  "All 
taxes  shall  be  uniform  upon  the  same  class  of  subjects,  and 
shall  be  levied  and  collected  under  general  laws,  which  shall 
prescribe  such  regulations  as  shall  secure  a  just  and  fair  tax- 
ation upon  all  property,  real  and  personal."  I  don't  think  that 
will  conflict  with  the  other  provisions,  and  I  believe  something 
of  that  kind  is  necessary.  This  might  be  inserted  as  the  first 
part  of  Sec.  14,  I  think. 

Mr.  COFFEES.  I  would  like  to  suggest  if  you  will  say  in 
the  section  all  property  "real  and  personal,"  I  think  it  will 
cover  the  question  raised. 

Mr.  POTTER.  I  want  to  have  a  provision  that  taxation 
shall  be  uniform  upon  the  same  class  of  subjects. 

Mr.  COFFEEN.  /T  think  this  reads  "all  taxes  shall  be  uni- 
form on  the  same  class  of  subjects,"  now  if  that  read  on  the 
same  class  of  property,  I  do  not  think  I  should  object  to  it  so 
much.  But  by  using  the  word  subjects,  one  subject  might  be 
in  more  than  one  kind  of  business,  and  therefore  you  bring  it, 
in  conflict  with  what  has  already  been  passed  here  by  a  pretty 
strong  majority.  I  trust  the  motion  will  not  prevail.  I  think 
it  can  be  fully  covered  by  the  words  "real  and  personal." 

Mr.  CHAIRMAN.  The  question  is  on  the  amendment.  All 
in  favor  of  the  motion  will  say  aye;  contrary  no.  The  noes 
have  it;  the  motion  is  lost. 

Mr.  POTTER,  There  are  one  or  two  members  here  who 
consider  every  amendment  I  offer  as  some  dastardly  scheme. 
Mr.  CoiTeen  always  thinks  so.  And  I  don't  want  him  to  deny 
it,  for  he  does,  but  this  is  a  very  necessary  thing  in  my  judg- 
ment, you  don't  find  a  single  constitution  without  it,  and  in 
spite  of  my  dangerous  character,  I  think  I  have  got  proper 
judgment  in  this  matter. 

Mr.  BROWN.  I  move  the  committee  now  rise  and  report 
back  this  bill  with  the  amendment,  suggested  by  Mr.  Potter. 
And  that  the  two  sections  be  referred  back  to  this  commit- 
tee. 

Mr.  BURR  ITT.  I  desire  to  say  a  word  upon  that  malter. 
This  limitation  of  public  indebtedness  file  which  comes  up 
with  this,  and  is  really  on  the  same  subject,  had  better  go  back 
to  the  committee  also,  for  revision,  as  there  are  several  provi- 
sions that  will  have  to  be  amended  so  the  two  will  not  conflict, 
I  therefore  move  it  be  referred  back. 

Mr.  CHAIRMAN.  Gentlemen,  you  have  heard  the  motion. 
Are  you  ready  for  the  question?  All  in  favor  of  the  motion 
will  say  aye;  contrary  no.  The  ayes  have  it;  it  is  so  referred. 

Mr.  ELLIOTT.    I  move  the  committee  now  rise  and  report. 

Mr.  CHAIRMAN.  Gentlemen,  it  is  moved  and  seconded 
that  this  committee  now  rise  and  report.  All  in  favor  of  the 


PROCEEDINGS  AND  DEBATES.  713 

motion  will  say  aye;  contrary  no.  The  ayes  have  it;  the  com- 
mittee will  now  rise  and  report. 

(Report  of  committee  of  the  whole.) 

Mr.  ELLIOTT.  I  move  the  report  of  the  committee  be 
adopted. 

Mr.  PRESIDENT.  It  is  moved  and  seconded  that  the  re- 
port of  the  committee  be  adopted  as  read.  All  in  favor  of  the 
motion  will  say  aye;  contrary  no.  The  ayes  have  it;  the  mo- 
tion prevails. 

Mr.  GRANT.  I  move  we  now  take  a  recess  until  7:30  this 
•evening. 

Mr.  PRESIDENT.  It  is  moved  and  seconded  that  we  take 
-a  recess  until  7:30  this  evening.  All  in  favor  of  the  motion 
will  say  aye;  contrary  no.  The  ayes  have  it;  the  convention 
now  take  a  recess. 

EVENING  SESSION. 


Wednesday  evening,  Sept.  25. 

Mr.  PRESIDENT.  The  convention  will  please  come  to 
-order. 

Mr.  TESCHEMACHER.  I  move  we  go  into  committee  of 
the  whole  for  consideration  of  the  general  file. 

Mr.  PRESIDENT.  It  is  moved  and  seconded  that  we  now 
.go  intp  committee  of  the  whole  for  consideration  of  the  general 
file.  Are  you  ready  for  the  question?  All  in  favor  of  the  mo- 
tion will  say  aye;  contrary  no.  The  ayes  have  it;  the  motion 
prevails.  Will  Mr.  Johnston  take  the  chair? 

Mr.  CHAIRMAN.  Gentlemen,  we  have  before  us  for  con- 
sideration a  portion  of  File  2G,  on  limitation  of  public  indebt- 
edness. Sec.  1  will  be  read.  Are  there  any  objections  to  Sec. 
1?  If  not  Sec.  2  will  be  read. 

Mr.  BROWN.    I  move  to  strike  out,  Sec.  2. 

Mr.  GRANT.  This  is  to,  prevent  the  legislature  from 
erecting  any  public  building  or  contracting  any  other  debt 
without  first  submitting  it  to  a  vote,  of  the  people. 

Mr.  1'ROWN.    It  seems  to  me  it  goes  a  great  deal  further. 

Mr.  RINER.  I  move  to  amend  Sec.  2  by  inserting  after 
the  \vord  "debt"  in  the  first  line  "in  excess  of  the  taxes  for  the 
current  year." 

Mr.  CHAIRMAN.  Gentlemen,  you  have  heard  the  motion. 
Are  you  ready  for  the  question?  All  in  favor  of  the  amend- 
ment offered  by  Mr.  Riner  will  say  aye;  contrary  no.  The 
ayes  have  it;  the  section  is  so  amended. 

Mr.  HAY.  It  seems  to  me  under  this  section,  if  the  sec- 
retary of  state  wants  to  buy  fifty  cents  worth  of  stationary, 
and  goes  down  town  and  buys  it,  and  takes  the  bill  to  the  audi- 


714  CONSTITUTIONAL  CONVENTION. 

tor,  that  the  territory  is  going  into  debt.  Under  this  you  could 
not  buy  anything. 

Mr.  BURRITT.  I  would  call  Mr.  Hay's  attention  to  the 
fact  that  Mr.  Killer's  amendment  covers  that  point. 

(Reading  of  Sec.  3.) 

Mr.  HAY.  That  provision  I  want  to  explain  was  to  take 
care  of  cities  and  counties  that  have  an  indebtedness  in  excess, 
of  two  per  cent.um  of  its  last  assessed  valuation,  of  which 
Laramie  county  and  the  city  of  Cheyenne  furnish  an  example. 

Mr.  GRANT.  I  want  to  say  in  regard  to  this  provision, 
that  the  limitation  by  congress  is  four  per  centum  on  the  as- 
sessed valuation.  Any  city  that  has  a  floating  indebtedness 
when  this  constitution  goes  into  effect,  that  floating  indebted- 
ness can  be  bonded  up  to  four  per  cent,  which  is  the  present 
limit.  But  after  that  bonded  indebtedness  is  paid  off  they  can- 
not exceed  two  per  cent  of  the  assessed  valuation. 

Mr.  CHAIRMAN.  Are  there  any  amendments  to  Sec.  3?" 
If  not  Sec.  4  will  be  read. 

Mr.  GRANT.  That  section  is  subject  to  the  same  amend- 
ment as  Mr.  Riner  made  before. 

Mr.  RINER.  I  move  to  insert  after  the  word  "debt"  in* 
the  first  line  the  words  "in  excels  of  the  taxes  for  the  current 
year." 

Mr.  CHAIRMAN.  It  is  moved  and  seconded  that  Sec.  4 
be  amended  so  as  to  read  "no  debt  in  excess  of  the  taxes  for 
the  current  year."  Are  you  ready  for  the  question?  All  in 
favor  of  the  motion  will  say  aye;  contrary  no.  The  ayes  have 
it;  the  motion  prevails.  Any  other  alterations  or  amend- 
ments? If  not  Sec.  5  will  be  read. 

(Reading  of  Sec.  5.) 

Any  amendments  or  alterations  to  Sec.  5? 

Mr.  JEFFREY.  I  am  in  favor  of  the  general  proAdsions 
of  this  section,  but  there  is  one  question  that  I  want,  to  get 
the  sense  of  this  convention  upon.  That  is,  whether  it  is  well 
to  limit  the  indebtedness  that  may  be  incurred  for  building 
water  works  or  sewers,  to  four  per  cent?  (If  a  city  or  town 
needs  water  works  or  sewers,  and  has  not  a  sufficient  amount 
of  money  to  build  a  proper  system,  this  four  per  cent  indebted- 
ness might  be  of  no  more  benefit  than  none  at  all,  and 
the  only  thing  that  trouble^  me  is  whether  this  section  would 
not  defeat  that  object  and  prevent  the  citizens  of  some  city 
or  town  from  providing  itself  with  a  proper  system  of  water 
works,  which  is  a  very  necessary  thing.  I  offer  the  following 
amendment:  After  the  word  ''therein"  strike  out  all  that 
follows  it  in  the  third  line  and  insert,  "debts  contracted  for 
the  purpose  of  building  water  works  and  sewerage  are  ex- 
empt from  the  provisions  of  this  section." 

Mr.  RJNER.  I  am  opposed  to  the  proposed  amendment. 
The  sewerage  systems  of  thisi  city  and  most  all  others  are 


PROCEEDINGS  AND   DEBATES.  715 

largely  laid  by  special  assessment  upon  the  street  fronts,  and 
there  is  nothing  in  this  that  will  prevent  a  city  from  taking 
that,  action.  I  think  the  four  per  cent  limit  is  plenty  high 
enough  for  general  purposes.  There  is  nothing  here  that  pre- 
vents a  special  assessment  by  a  municipality  for  the  purpose 
of  laying  a  sewer  pipe  or  a  water  pipe.  No  matter  how  high 
you  put  this  limit  they  will  levy  a  special  tax  for  that  purpose, 
and  for  that  reason  I  believe  in  cutting  this  down. 

Mr.  JEFFKEY.  I  would  like  to  ask  Mr.  Riner  just  one 
question  that  will  settle  this  matter  so  far  as  I  am  concerned.. 
Don't  the  legislature  have  to  authorize  the  other  cities  and 
towns  to  make  this  special  assessment  and  levy? 

Mr.  BTJRRITT.  I  second  the  motion  of  Mr.  Jeffrey,  but  am 
opposed  to  so  much  of  that  motion  as  refers  to  sewerage.  The 
matter  of  sewerage  can  be  got  around,  but  that  rule  cannot  be 
made  to  apply  to  a.  system  of  water  works.  Suppose  a  city  has 
to  go  twenty  miles  to  get  a  supply  af  waiter,  howr  are  you  go- 
ing to  assess  the  property  then  ?  Take  the  city  of  Buffalo,  the 
contract  for  its  water  supply  will  run  out  in  three  years,  and 
at  the  end  of  that  time,  they  may  have  to  go  back  into  the 
at  the  end  of  that  time  they  may  have  to  go  back  into  the 
mountains  to  secure  a  supply  somewhere,  and  if  our  city  should 
increase  in  its  assessable  property  at  double  the  ratio  it  has  for 
the  last  four  years,  we  would  not  be  able;  to  raise  enough 
money  on  a  four  per  cent  indebtedness  to  get  the  water  out 
of  the  mountains  arid  past  Fort  McKinney.  In  the  matter  of 
water  works  I  don't  think  that  there  should  be  any  limit,  but 
that  should  be  left  to  the  people,  When  they  want  water  they 
want  it  bad,  and  the  tax  payers  should  be  able  to  say  whether 
they  are  willing  to  contract  a  debt  to  build  its  water  works. 
Estimates  made  of  bringing  water  to  the  city  of  Buffalo  from 
a  suitable  place  in  the  mountains  fixed  the  cost  at  a,bout  forty 
thousand  dollars.  Under  this  we  wouldn't  be  able  to  get  that 
water  half  way. 

Mr.  CHAIRMAN.  Gentlemen,  the  question  is  on  Mr.  Jef- 
frey's amendment  to  strike  out  all  after  "therein"  in  the  third 
line,  and  adding  "debts  contracted  for  the  purpose  of  building 
water  works  and  sewerage  are  exempt  from  the  operation  of 
this  section."  All  in  favor  of  this  amendment  will  say  aye; 
contrary  no.  The  noes  have  it ;  the  motion  is  lost. 

Any  other  alterations  or  amendments? 

Mr.  BURRITT.  I  move  to  amend  by  striking  out  the  words 
"water  works"  and  adding  "debts  contracted  for  supplying 
water  to  any  such  city  or  town  are  exempted  from  the  opera- 
tion of  this  section." 

Mr.  CHAjIRMAN.  Gentlemen,  you  have  heard  the  motion. 
Are  you  ready  for  the  question?  All  in  favor  of  the  amend- 
ment of  Mr.  Burritt  will  say  aye;  contrary  no.  The  ayes  have 
it;  the  motion  prevails. 


7 1 6  CONSTITUTIONAL  CONVENTION. 

Are  there  any  further  amendments  or  alterations  to  Sec- 
tion 5? 

The  clerk  will  read  Sec.  6. 

Mr.  BURRITT.  I  would  like  to  know  how  the  state  could 
become  the  subscriber  to  the  capital  stock  of  corporations  by 
a  two- thirds  vote  of  the  people. 

Mr.  BROWN.  I  move  toi  strike  out  the  words  "nor  shall'' 
in  the  fifth  line  and  insert  after  the  word  "state"  the  words 
"shall  not,"  so  this  latter  clause  will  be  a  new  sentence  alto- 
gether. 

Mr.  CHAIRMAN.  Gentlemen,  you  have  heard  the*motio.n. 
Are  you  ready  for  the  question?  All  in  favor  of  the  motion 
will  say  aye;  contrary  no.  The  ayes  have  it;  the!  motion  pre- 
vails. The  secretary  will  read  Sec.  8.  Any  alterations  or 
amendments  to  Sec.  8?  The  chair  hears  none.  The  secretary 
will  read  Sec.  9.  Any  amendments  to  Sec.  9? 

The  chair  hears  none. 

Mr.  FOX.  I  move  when  this  committee  arise  they  report 
back  this  file  with  the  recommendation  that  it  do  pass  as 
amended. 

Mr.  CHAIRMAN.  Gentlemen,  you  have  heard  the  motion. 
Are  you  ready  for  the  question?  All  in  favor  of  the  motion 
will  say  aye;  contrary  no.  The  ayes  have  it;  the  motion  pre- 
vails. The  next  thing  on  the  file  for  our  consideration  is  Sec. 
13  of  the  revenue  bill. 

(Reading  of  Sec.  13.) 

Mr.  FOX.  Do  I  understand  that  the  operation  of  this  as- 
sessment of  rairoad  taxes  shall  not  apply  to  school  districts? 
It  has  always  been  the  custom  to  apportion  the  railroad 
mileage  to  the  school  districts  which  possessed  the  same.  In 
our  county  the  school  district  at  Sherman  had  soi  many  miles 
of  railroad  it  got  taxes  from;  the  school  district  down  at  Tie 
'Siding  the  same;  school  district  No.  li  had  thirteen  miles  and 
a  half  of  railroad  tax  wiiich  was  added  to  the  school  district 
assessment  which  I  think  is  right.  I  think  it  is  proper  that 
the  school  districts  should  have  it,  shops  and  all. 

Mr.  ELLIOTT.  As  I  understand  it,  the  shops  and  yards 
are  nowr  added  in  with  the  general  mileage  and  divided  among 
the  counties.  The  object  was  that  the  school  district  should 
have  the  benefit  not  only  of  the  mileage  but  the  shops  as  well. 

Mr.  RINER.  Here  you  take  away  and  destroy  everything 
that  your  state  board  of  equilization  can  do.  You  say  in 
cities  and  towns  and  school  districts  they  shall  not  assess,  you 
say  that  where  a  line  of  railroad  is  in  a  school  district  that 
the  state  board  of  equilization  shall  have  nothing  to  do  with  it. 
That  we  have  got  to  have  a  separate  assessment  in  each  school 
district.  After  the  territorial  board  gets  through  with  the 
mileage  that  the  county  assessors  take  it  up  and  assess  it 
dgain.  In  this  school  district  they  will  assess  it  at  nine  thous- 


PROCEEDINGS  AND  DEBATES.  7:7 

and  dollars  a  mile,  another  district  ten  thousand  dollars  a  mile,, 
and  another  the  sum  of  fifteen  thousand  dollars  a  mile,, 
and  so  it  goes  on  indefinitely,  and  there  is  no  equilization 
about  it.  It  ought  to  be  assessed  equally  for  school  purposes 
in  every  school  district.  What  a  mile  of  railroad  is  worth  in 
one  place  it  is  worth  in  another,  and  that  is  what  the  board  is 
for,  that  it  may  be  eq  utilized  all  over  the  territory. 

Mr.  GRANT.  Take  the  school  district  of  Cheyenne.  There 
might  be  only  seven  or  eight  miles  of  railroad  track  in  this 
district,  and  you  could  not  get  the,  benefit  of  these  shops,  and 
the  depot  buildings,  and  everything  of  that  kind. 

Mr.  BINEB.  I  think  that  the  shop  property  should  be  as- 
sessed by  the  state  board.  The  shops  in  Albany  county  should 
be  assessed  and  pay  taxes  in  that  county  upon  the  same  basis 
as  they  pay  taxes  in  this  county. 

Mr.  HAY.  There  is  one  point  that  has  bothered  me  a  good 
deal.  For  instance,  the  railroad  company  has  four  hundred 
thousand  dollars  worth  of  property  in  this  county,  one  hundred 
thousand  in  Albany  and  one  hundred  thousand  in  Carbon 
county,  and  so  on.  This  makes  six  hundred  thousand  in  these 
three  counties.  That  six  hundred  thousand  is  added  to  the 
road  bed,  and  divided  in  each  county  on  their  mileage  basis, 
so  that  in  a  county  wrhere  there  is  four  hundred  thousand  dol- 
lars worth  of  property  it  gets  nothing  for  its  shops  at  all,  ex- 
cept its  proportionate  share  according  to  the  mileage,  the  same 
as  one  having 'only  one  hundred  thousand  dollars  worth  of 
shops,  and  it  is  not  just. 

Mr.  BROWN.    Take  out  the  shops,  depots  and  rolling  mills. 

Mr.  HAY.  How  would  it  do  to  leave  out  everything  not  on 
the  right  of  way? 

Mr.  GRANT.  I  would  call  attention  to  the  fact  that  it  has 
ibqen  decided  by  the  courts  that  where  there  are  thirty  or 
forty  acres  of  ground  about,  that  it  is  a  part  of  the  right  of 
way,  depot  grounds  are  a  part  of  the(  right  of  way. 

Mr.  BBOWN.  The  only  way  is  to  except  a  particular  class 
of  property,  the  machine  shops,  rolling  mills  and  depots,  but 
the  rolling  stock,  I  think,  should  apply  to  the  school  districts. 

Mr.  BINER  I  would  like  to  take  that  section  and  amend 
it  as  suggested  by  Judge  Brown. 

Mr.  CHAIBMAN.  The  secretary  will  read  the  section  as 
amended. 

Mr.  BUBBilTT.  I  move  that  it  be  adopted  in  lieu  of  Sec. 
13,  and  I  would  also  suggest  that  there  be  added  to  it  tha 
words  ''such  other  duties  as  may  be  prescribed  by  law,"  which 
was  unintentionally  left  out, 

Mr.  CHAIBMAN.  All  in  favor  of  the  adoption  of  Sec.  ia 
will  say  aye;  contrary  no.  The  ayes  have  it;  the  section  as 
amended  is  adopted. 

Sec.  14.    Any  addition  to  it. 


CONSTITUTIONAL  CONVENTION. 

Mr.  FOX.    I  move  the  adoption  of  Sec.  14. 
Mr.  CHAIRMAN.    Gentlemen,  you  have  heard  the  motion. 
All  in  favor  of  .the  adoption  of  Sec.  14  will  say  aye;  con- 
trary no.    The  ayes  have  it;  the  section  is  adopted. 

Mr.  HAY.  1  move  when  this  committee  arise  it  report 
Tmck  the  substitute  for  Files  7,  26,  27,  41,  54,  55,  with  the  recom- 
mendation that  it  be  adopted  as  one  of  the  articles  of  the  con- 
stitution, as  amended. 

Mr.  CHAIRMAN.  Gentlemen,  you  have  heard  the  motion 
that  when  this  committee  arise  they  report  back  the  substi- 
tute for  Files  7,  26,  27,  41,  54  and  55,  with  the  recommenda- 
tion that  it  be  adopted  as  a  part  of  the  constitution.  All  in 
favor  of  the  motion  will  say  aye;  contrary  no.  The  ayes  have 
it;  the  motion  prevails. 

Mr.  POTTER.  It  seems  to  some  of  us,  in  order  to  expedite 
business  tonight,  there  was  one  file  perhaps  that  we  ought  to 
take  up  for  discussion,  and  that  is  the  preamble  and  bill  of 
rights,  and  I  now  move  we  take  that  file  up  next. 

'  Mr.  CHAIRMAN.  Gentleman,  it  is  moved  and  seconded 
that  the  bill  of  lights  Jbe  now  taken  up.  Are  you  ready  for 
the  question?  All  in  favor  of  the  motion  will  say  aye;  con- 
trary no.  The  ayes  have  it;  the  motion  prevails.  The  secre- 
tary will  read  the  first  section. 

Mr.  TESCHEMACHER,     I  move  to  strike  out  the  words 
•'fthe  stat  \"    It  seems  to  me  we  are  the  people  of  Wyonrug  when 
we  ordain  this,  and  we  establish  tjie  constitution,  that  makes 
us  a  state. 

Mr.  BAXTER.  I  don't  see  any  propriety  in  using  it,  as 
long  as  we  say  of  Wyoming. 

Mr.  CHAIRMAN.  It  is  moved  and  seconded  that  the 
words  "the  state"  in  the  first  line  be  stricken  out.  Are  you 
ready  for  the  question?  All  in  favor  of  the  motion  will  say 
aye;  contrary  no.  The  noes  have  it;  the  motion  to  strike  out 
is  lost.  Any  further  amendments? 

Mr.  RENER.  In  the  last  lino  I  move  to  strike  out  "chil- 
»dren"  and  insert  "posterity." 

Mr.  CHAIRMAN.  Gentlemen,  you  have  heard  the  motion. 
Are  you  ready  for  the  question  ?A11  in  favor  of  the  motion  will 
-say  aye;  contrary  no.  The  ayes  have  it;  the  motion  prevails. 
Any  further  amendments? 

(Reading  of  Sees.  1,  2,  3  and  4.) 

Mr.  HARVEY.  I  move  to  strike  out  all  after  the  word 
"debt"  in  the  first  line.  It  seems  to  me  entirely  misleading. 

Mr.  POTTER.  I  think  the  last  clause  ought  to  be  connect- 
>ed  with  the  question  of  debt. 

Mr.  CLARK.  The  only  part  of  this  I  don't  like  is  the  pre- 
sumption of  fraud.  Who  is  to  raise  that  presumption,  or  what 
is  to  raise  that? 


PROCEEDINGS  AND  DEBATES. 

Mr.  CHAIRMAN.  The  question  is  on  striking  out  all  after 
the  word  "debt."  Are  you  ready  for  the  question?  All  in  fa- 
Tor  of  the  motion  will  say  aye;  contrary  no.  The  ayes  have  it; 
it  is  so  ordered. 

Mr.  TESCHEMACHER.  I  move  to  strike  out  in  Sec.  6 
in  line  two  the  clause  "or  in  any  manner  destroyed." 

Mr.  CHAIRMAN.  Gentlemen,  you  have  heard  the  motion. 
Are  you  ready  for  the  question?  All  in  favor  of  the  motion 
ivill  say  ajre;  contrary  no.  The  ayes  have  it;  the  motion  pre- 
vails. 

Mr.  BKOWN.  (In  Sec.  10,  line  two,  I  move  to  strike  out  "or" 
and  insert  "and." 

Mr.  CHAIRMAN.  Gentlemen,  you  have  heard  the  motion. 
Are  you  ready  for  the  question  ?  All  in  favor  of  the  motion  will 
•say  aye;  contrary  no.  The  ayes  have  it;  the  motion  prevails. 

Mr.  BROWN.  In  the  fourth  line  I  move  to  strike  out  ''de- 
sired" and  insert  "necessary." 

Mr.  CHAIRMAN.  Gentlemen,  you  have  heard  the  motion. 
Are  you  ready  for  the  question?  All  in  favor  of  the  motion 
will  say  aye;  contrary  no.  The  ayes  have  it;  the  motion  pre- 
Tails. 

Mr.  COFFEEN.  I  wish  to  call  attention  to  the  last  line  of 
Sec.  14.  "Nor  shall  any  cruel  or  unusual  punishment  be  in- 
flicted." To  some  people  hanging  might  be  considered  an  un- 
usual form  of  punishment.  This  might  prevent  any  such  pun- 
ishment for  crime.  I  therefore  move  to  strike  it  out. 

Mr.  BAXTER.  I  think  that,  the  proper  construction  of 
that  is  that  unusual  means  something  unheard  of,  some  pun- 
ishment that  the  law  docs  not  contemplate.  If  the  legisla- 
ture should  provide  for  punishment  by  electricity  or  some- 
thing else,  I  have  no  idea  there  would  be  any  objection  to  it 
under  this. 

Mr.  CHAIRMAN.  The  question  is  on  the  motion  to  strike 
•out  "unusual"  in  the  third  line  of  Sep.  14.  Are  you  ready  for 
the  question?  All  in  favor  of  the  motion  will  say  aye;  con- 
trary no.  The  noes  have  it;  the  motion  is  lost. 

Mr.  RINER.  I  wish  to  call  the  attention  of  the  committee 
to  the  word  "unless"  in  the  first  line  of  this  section.  It  should 
foe  "except." 

Mr.  CHAIRMAN.  If  there  is  no  objection  it  will  be  so 
amended. 

Mr.  TESCHEMACHER.     What  is  "vindictive  justice." 

Mr.  HOYT.  That  was  a  humanitarian  section.  It  does  not 
mean  anything  definite.  But  was  an  indication  toward  hu- 
mane methods. 

Mr.  HARVEY.  I  move  to  strike  out  "vindictive  justice/' 
'The  other  seems  to  cover  it 


7  20  CONSTITUTIONAL  CONVENTION 

Mr.  CHAIRMAN.  Gentlemen,  you  have  heard  the  motion.- 
All  in  favor  of  striking  out  "vindictive  justice"  will  say  aye; 
contrary  no.  The  ayes  have  it;  the  motion  prevails. 

Mr.  RINER.  Jn  the  fourth  line  of  Sec.  18.  I  don't  belieye 
he  is  a  competent  juror,  or  ought  to  be.,  I  don't  see  how  you 
are  to  bind  him  to  do  his  duty  in  any  way.  I  think  that  ought 
to  be  a  disqualification.  I  move  to  strike  it  out. 

Mr.  BAXTER.  I  am  opposed  to  striking  that  out.  There 
are  undoubtedly  men  on  this  floor  who  have  some  acquaint- 
ances on  whose  integrity  and  truth  they  rely  the  same  as  a 
man  who  does  believe  in  the  existence  of  a  God.  I  have  no- 
special  sympathy  with  that  idea,  but,  I  say  that  you  do  find 
men,  and  good  men  too,  who  don't  know  whether  they  believe 
in  a  God  or  not,  but  I  say  if  you  take  those  men  and  put  them 
on  a  jury  they  are  as  liable  to  tell  the  truth  as  any  other  man, 
and  I  don't  think  it  ought  to  be  stricken  out.  If  a  man  is  com- 
petent to  serve  in  every  other  way  I  fail  to  see  why  he  should 
not  be  allowed  to.  And  (I  don't  believe  his  belief  in  God  will 
help  it  a  bit. 

Mr.  HOYT.  I  believe  in  God,  and  I  believe  the  vast  major- 
ity of  people  believe  in  the  Supreme  Being,  but  if  a  man  shall 
find  it  impossible  to  accept  that  belief,  he  is  not  therefore  nec- 
essarily disqualified.  I  do  not  believe  he  will  be  any  more  apt 
to  tell  the  truth  on  account  of  any  religion.  Whether  he  be- 
lieves or  not,  he  may  be  ji^st  as  truthful,  just  as  moral  in  all 
the  relations  of  life,  as  another  man  who  is  deemed  the  best 
in  the  church.  Let  us  accept  a  man  for  what  we  know  him  to 
be.  Accept  his  statement  as  truth  whether  he  believes  or 
not.  This  is  the  broadest  declaration  ever  put  before  any 
people.  I  hope  to  be  proud  of  our  constitution  in  every  par- 
ticular, but  especially  proud  of  it  on  account  of  its  breadth 
and  freedom  from  all  prejudice. 

Mr.  HAY.  It  is  simply  impossible  for  all  men  to  say  that 
they  are  able  to  accept  the  doctrine  of  an  over-ruling  Provi- 
dence. JL  don't  think  that  it  has  anything  to  do  with  their 
truthfulness  at  all.  And  truthfulness  is  what  is  wanted  in 
a  court. 

Mr.  RINER.  In  my  judgment  the  whole  section  is  rather 
peculiarly  worded.  My  idea  is  not  that  a  man  who  does  not, 
believe  in  the  existence  of  God  would  be  less  competent  to 
testify  as  a  witness,  but  if  he  is  sitting  as  a  juror  in  a  capital 
case,  what  is  the  effect  upon  it?  Should  he  be  competent? 
That  is  where  the  danger  comes  in,  in  that  case,  and  I  don't 
believe  he  ought  to  be  allowed  to  sit  in  such  a  case.  I  see  by 
merely  striking  that  out  would  not  reach  the  question  desired, 
but  I  should  criticise!  the  section  as  a  whole  with  that  in. 

Mr.  BAXTER.  While  he  proposes  to  strike  out  this  prop- 
osit^on  here  as  to  serving  as  a  juror,  he  proposes  to  allow  the- 
same  person  who  shall  not  be  competent  to  serve  as  a  juror,. 


PROCEEDINGS  AND  DEBATES.  721 

to  fill  any  position  of  trust  or  profit  in  the,  state*.  He  may  be 
elected  governor,  he  may  pass  upon  the  rights,  nay,  even  the 
lives,  of  other  men,  in  our  courts,  he  is  not  disqualified,  but 
he  is  disqualified  from  testifying,  from  giving  his  evidence, 
on  a  difference  between  two  of  his  neighbors,  or  from  sitting  as 
a?  juror  in  passing  on  that  difference.  It  seems  to  me  he  is 
inconsistent.  He  should  not  be  eligible  to  anything  within 
the  gift  of  the  people.  Does  he  mean  to  say  that,  I  believe 
we  should  take  the  man  for  what  we  know  him  to  be  without 
any  reference  to  what  h,e  professes  to  believe. 

Mr.  HAY.  I  move  to  amend  Mr.  Riner's  motion  by  strik- 
ing out  from  "juror"  down  to  ''because." 

Mr.  CHAIRMAN.  Gentlemen,  you  have  heard  the  motion. 
Are  you  ready  for  the  question?  All  in  favor  of  the  motion 
will  say  aye;  contrary  no.  The  ayes  have  it;  the  motion  pre- 
vails. 

Mr.  BAXTER.  I  move  to  strike  out  the  last  clause  of  Sec. 
28.  "On  property  it  shall  be  advalorem." 

Mr.  CHAIRMAN.  Gentlemen,  it  is  moved  and  seconded 
that,  the  last  clause  of  Sec.  28  be  stricken  out.  Are  yon  ready 
for  the  question?  All  in  favor  of  the  motion  will  say  aye;  con- 
trairy  no.  The  ayes  have  it;  the  motion  prevails. 

Mr.  HAY.  I  notice  in  the  Washington  constitution  a 
provision  as  follows:  "The  provisions  of  this  constitution  are 
mandatory,  unless  by  express  words  they  are  declared  oth- 
erwise." I  move  to  insert  a;  similar  provision  here  as  Sec.  38. 

Mr.  HARVEY.  Are  not  all  these  mandatory?  Does  not 
the  use  of  the  word  "shall"  make  them  mandatory? 

Mr.  HAY.  As  it  seems  unnecessary,  I  withdraw  my  mo- 
tion. 

Mr.  BURRITT.  I  move  when  this  committee  rise  they  re- 
port back  this  file  with  the  recommendation  that  it  do,  pass. 

Mr.  CHAIRMAN.  Gentlemen,  you  have  heard  the  motion. 
Are  you  ready  for  the  question?  All  in  favor  of  the  motion 
will  say  aye;  contrary  no.  The  ayes  have  it;  the  motion  pre- 
vails. 

Mr.  BURRITT.  I  move  this  committee  do  now  rise  and 
report. 

Mr.  CHAIRMAN.  Gentlemen,  you  have  heard  the  motion. 
Are  you  rqady  for  the  question?  All  in  favor  of  the  motion 
will  say  aye;  contrary  no.  The  ayes  have  it;  the  committee 
will  now  rise  and  report. 

(Report  of  committee  of  the  whole.) 

Mr.  PRESIDENT.    What  is  your  pleasure,  gentlemen? 

Mr.  BURRITT.  tl  move  the  report,  of  the  committee  of  the 
whole  as  read  be  adopted. 

Mr.  PRESIDENT.  It  is  moved  and  seconded  that  the  re- 
port of  the  committee  of  the  whole  as  read  be  adopted.  Are 
you  ready  for  the  question?  All  in  favor  of  the  motion  will 
—  46 


722  CONSTITUTIONAL  CONVENTION. 

say  aye;  contrary  no.     The  ayes  have  it;  the  report  stands 
adopted. 

Mr.  TESCHEMACHER,  As  the  engrossing  committee 
have  a  great  deal  to  do,  and  as  the  file  on  preamble  and  bill 
of  rights  is  but  slightly  amended  I  would  like  to  ask  if  it  may 
not  be  considered  as  the  engrossed  file  as  printed. 

Mr.  PRESIDENT.  It  is  moved  and  seconded  that  the 
printed  file,  preamble  and  bill  of  rights,  be  considered  as  the 
engrossed  copy.  Are  you  ready  for  the  question  ?  All  in  favor 
of  the  motion  will  say  aye;  contrary  no.  The  ayes  have  it; 
the  motion  prevails.  The  file  will  be"  so  considered. 

Mr.  CHAPLIN.  I  move  we  take  a  recess  until  9  o'clock 
tomorrow"  morning. 

Mr.  PRESIDENT.  Gentlemen,  you  have  heard  the  mo- 
tion. Are  you  ready  for  the  question?  All  in  favor  of  taking 
a  recess  until  9  o'clock  tomorrow  morning  will  say  aye;  con- 
trary no.  The  ayes  have  it;  the  motion  .prevails. 


TWENTY-SECOND  DAY, 
MORNING  SESSION. 


Thursday,  Sept.  20,  1889. 
Convention  assembled  at  9  o'clock. 
President  Brown  in  the  chair. 
Mr.  PRESIDENT.    Convention  come  to  order. 
Prayer. 

Mr.  PRESIDENT.    The  secretary  will  call  the  roll. 

(Roll  call.) 

(Reading  of  the  journal.) 

Mr.  PRESIDENT.  Are  there  any  corrections  to  be  made  to 
the  journal?  The  chair  hears  none,  and  it  will  stand  approved 
as  read, -Mr.  Secretary. 

Presentation  of  petitions,  propositions  and  memorials.  Are 
there  any  to  be  presented  this  morning?  Are  there  any  re- 
ports of  committees?  In  cases  where  propositions  have  been 
referred  to  committees,  and  the  originals  not  returned  again, 
the  secretary  would  ask  that  they  be  returned  so  that  they  can 
be  all  filed  away,  and  a  record  kept  of  them,  and  if  the  -gentle- 
men of  the  convention  who  have  any  of  these  propositions  in 
their  possession  will  return  them  within  the*  next  day  or  two, 
it  will  help  us  out. 


PROCEEDINGS  AND   DEBATES.  723 

Final  reading:  of  bills.  File  No.  88,  as  reported  by  your  com- 
mittee, has  been  properly  engrossed,  or  rather  the  printed 
copy  was  made  the  engrossed  copy,  and  is  now  before  you  for 
final  reading  and  passage.  Is  there  any  desire  to  amend?  Is 
there  any  section  that  any  member  desires  to  amend  ? 

Mr.  HAY.  I  have  an  additional  clause  that  I  want  to  sug- 
gest. The  thing  I  want  to  add  is  this:  "The  provisions  of  this 
this  clause  are  mandatory  unless  by  express  words  they  are 
qualified  or  declared  to  be  otherwise."  It  has  been  suggested 
that  it  would  be  a  good  idea  to  have  that  incorporated,  and 
therefore  I  mention  it. 

Mr.HOYT.    Mr.  President, 

Mr.  PRESIDENT.    The  gentleman  from  Albany,  Mr.  Hoyt. 

Mr.  HOYT.  As  a  member  of  the  committee  making  the 
report  I  simply  desire  to  say  that  I  have  carefully  looked  into 
this  amendment  offered  by  Mr.  Hay,  and  it  seems  to  me.  a  prop- 
er thing  to  be  incorporated  into  the  constitution  as  there  might 
possibly  be  conflicts  between  some  portions  of  the  constitution, 
and  this  would  possibly  and  I  think  probably,  relieve  the  diffi- 
culty arising  in  any  such  case.  I  can  see  no  harm  in  it,  and 
good  might  possibly  come  of  it. 

Mr.  SMITH.  I  move  the  proposition  be  laid  on  the  table, 
and  come  up  before  the  convention  at  the  same  time  as  the 
article  referred  to. 

Mr.  PRESIDENT.  It  is  moved  that  the  proposition  offered 
by  Mr.  Hay  be  laid  on  the  table  until  the  constitution  comes 
up  for  final  reading,  and  that  it  be  tjien  considered  with  the 
article  referred  to. 

Mr.  COFFEEN.  I  rise  to  a  point  of  order.  I  understand 
this  is  an  amendment  to  the  bill  of  rights.  The  point  raised 
is  simply  this :  If  this  motion  to  table  this  amendment  should 
prevail,  it  would  cany  the  bill  of  rights  along  w^ith  it.  I  don't 
think  we  can  ta,ble  an  amendment  unless  w^e  table  the  whole 
subject  matter  with  it. 

Mr.  PRESIDENT.  Has  the  gentleman  any  authority  for 
the  point  raised?  It  is  the  understanding  of  the  chair  that  the 
motion  would  table  the  entire  matter  in  the  proposition  itself, 
but  not  necessarily  table  the  whole  bill  or  file  which  it  is  pro- 
posed to  amend. 

Mr.  COFFEEN.  I  have  always  seen  the  ruling  in  legisla- 
tures and  other  bodies  where  any  motion  is  made  to  table  any 
proposition  that  the  whole  subject  matter  to  which  it  refers 
is  tabled  writh  it,  I  do  not  know  as  I  can  refer  to  any  special 
authority,  but  I  have  always  seen  that  ruling  practiced  in  that 
way. 

Mr.  PRESIDENT.  I  perhaps  misunderstood  Mr.  Hay,  but 
I  understood  his  motion  was  to  present  this  as  an  amendment 
to  the  bill  now  under"  consideration.  It  is  now  moved  by  Mr. 
Smith  that  that  matter  be  laid  on  the  table,  and  be  consid- 


724 


CONSTITUTIONAL  CONVENTION. 


ered  when  the  article  itself  comes  up  for  final  passage  by  the 
convention. 

Mr.  HOYT.  It  was  understood  by  the  gentleman  offering 
the  proposition  that  the  article  was  now  before  the  convention: 
for  final  passage,  and  that  amendments  had  been  called  for. 

Mr.  PRESIDENT.  It  was  called  up  for  final  reading  and 
amendments  asked  for,  and  the  chair  understood  that  this  was 
offered  as  an  amendment.  Was  it  the  intention  of  the  gen- 
tleman from  Laramie,  Mr.  Hay,  to  so  offer  this? 

Mr.  HAY.    That  is  exactly  what  I  intended  to  do. 

Mr.  SMtlTH.  I  will  withdraw  my  motion.  I  thought  you 
were  calling  for  propositions  and  did  not  understand  that  the 
file  was  before  the  convention  at  this  tune.  If  the  file  is  now 
pending  it  may  as  well  be  disposed  of  at  this  time  as  well  as 
any  other  time. 

Mr.  PRESIDENT.  The  question  is  on  the  amendment  offer- 
ed by  Mr.  Hay.  The  chair  would  state  that  it  seems  to  me 
that  it  would  be  a  very  dangerous  matter  to  incorporate1. 

Mr.  HAY.  I  want  to  say  that  I  do  not  offer  that  again  to- 
day on  my  own  account,  but  at  the  suggestion  of  the  commit- 
tee. After  it  was  voted  down  la,st  night  I  should  not  have 
brought  it  up  for  discussion  again  but  that  the  committee 
asked  me  to  do  it.  I  don't  know  wrhether  it  would  reach  the 
point  desired  or  whether  it  is  a  good  thing  or  not.  I  simply 
offer  it  because  I  was  asked  to. 

Mr.  ELLIOTT.  I  favor  in  every  way  any  attempt  at  heal- 
ing any  possible  defects  in  the1  constitution,  but  I  think  that 
the  amendment  offered  would  not  only  not  accomplish  that, 
but  that  it  would  be  a  rather  dagerous  provision  to  insert.  The 
constitution  should  speak  for  itself,  and  if  we  cannot  frame 
such  a  constitution,  a  constitution  that  declares  in  plain  lan- 
guage what  it  means  we  should  not  try  to  frame  any. 

Mr.  PRESIDENT.  The  thought  that  occurred  to  me  was 
that  there  are  many  negative  propositions  in  the  constitution, 
in  fact  a  large  portion  of  the  constitution  is  made  up  of  nega- 
tive propositions,  and  if  you  say  they  are  mandatory,  as  pro- 
posed in  the  amendment  offered,  the  effect  of  such  a  state- 
ment  in  the  constitution  wrould  be  to  make  these  negative  prop- 
ositions mandatory.  The  rule  is  universal  that  these  negative 
matters  are  never  enforced  until  they  are  enforced  and  carried 
out  by  laws  enacted  by  the  legislature.  They  merely  give  the 
legislature  authority  to  act  in  certain  matters,  and  prevent 
their  acting  in  certain  matters. 

Mr.  SMITH.  It  would  demand  a  strict  construction  of 
these  matters  instead  of  a  liberal  as  intended. 

Mr.  HAY.    I  withdraw  that  amendment  if  it  is  permitted. 

Mr.  PRESIDENT.  It  will  be  withdrawn  if  there  is  no  ob- 
jection. 


PROCEEDINGS  AND  DEBATES.  725 

Mr.  HARVEY.  I  last  night  moved  to  strike  out  all  after 
the  word  "debt"  in  Sec.  5,  under  the  supposition  that  it  was 
necessary.  My  attention  has  since  been  directed  to  the  law  re- 
garding this  matter,  and  I  find  Mr.  Potter  was  right.  As  now 
amended  we  could  not  enact  any  law  to  imprison  any  one  to 
aid  in  securing  the  execution  of  a  judgment,  and  I  therefore 
move  to  amend  the  said  Sec.  5  by  adding  the  lines  in  the 
original  section. 

Mr.  PRESIDENT.  The  convention  has  voted  to  strike  out 
these  very  same  words,  and  it  so  stands  as  the  action  of  the 
convention,  and  it  seems  to  me^that  it  would  look  a.  little  va- 
cillating for  us  to  take  this  action  this  morning.  It  would  look 
as  if  we  did  not  know  just  what  we  did  want. 

Mr.  HARVEY.  It  was  upon  a  misapprehension  of  the  legal 
bearing  of  the1  matter  that  J  made  that  motion  last  night,  and 
since  I  have  discussed  the  matter  and  considered  it  more 
carefully  I  think  those  words  should  be  reinserted. 

Mr.  CAMPBELL.    Was  it  struck  out  last  night? 

Mr.  PRESIDENT.  It  was  recommended  by  the  committee 
of  the  whole  that  these  words  be  stricken  out,  and  the  con- 
vention adopted  their  report  with  that  recommendation,  and 
it  became  the  action  of  the  convention  by  that  vote. 

Mr.  HARVEY.  To  make  it  less  awkward  I  move  that  after 
the  word  "debt"  we  insert  the  words  "except  in  case  of  fraud." 
That,  is  the  language  in  the  Nebraske  constitution. 

Mr.  PRESIDENT.  Gentlemen,  it  is  moved  to  amend  this 
file  by  adding  to  Sec.  5  the  words  "except  in  case  of  fraud." 
Are  you  ready  for  the  question.  All  in  favof  of  the  motion  will 
say  aye ;  those  opposed  no.  The  ayes  have  it ;  it  is  so  amended. 

Mr.  BAXTER.    Mr.  President. 

Mr.  PRESIDENT.  The  gentleman  from  Laramie,  Mr.  Bax- 
ter. 

Mr.  BAXTER.  I  voted  in  the  affirmative  last  night,  con- 
firming the  action  of  the  committee  of  the  whole  in  regard  to 
this  file,  and  I  now  desire  to  move  that  vote,  so  far  as  it  effects 
Sec.  18,  be  reconsidered. 

Mr.  CAMPBELL.    Second  the  motion. 

Mr.  PRESIDENT.  It  is  moved  to  reconsider  the  vote  by 
which  the  recommendations  of  the  committee  of  the  whole 
were  adopted,  so  far  as  they  relate  to  Sec.  18  of  the  printed 
bill.  The  secretary  will  read  the  section. 

(Reading  of  Sec.  18.) 

Mr.  PRESIDENT.  Th£  question  is  on  the  reconsideration 
of  the  vote  by  which  the  report  was  adopted  as  to  this  sec- 
tion. Are  you  ready  for  the  question  ? 

Mr.  CAMPBELL.  I  was  not  here  last  night  when  this  mat- 
ter was  considered,  so  I  do  not  know  what  arguments  were 
made1  in  regard  to  it,  but  it  looks  to  me  as  if  the  section  as  ft 
stands  with  that  part  out  would  make  any  person  incompetent 


726  CONSTITUTIONAL  CONVENTION. 

to  hold  any  office  or  serve  as  a  juror  unless  lie  believes  in  a 
God.  It  strikes  me  that  it  is  not  just  right. 

Mr.  PRESIDENT.  Are  you  ready  for  the  question?  The 
question  is  on  the  motion  to  reconsider  the  vote.  All  who  are 
of  the  opinion  that  the  vote  adopting  the  report  of  the  coni- 
mittee  of  the/  whole  should  be  reconsidered,  so  far  as  it  re- 
lates to  this  section,  will  say  aye;  those  opposed  no.  The  noes 
seem  to  have  it ;  the  noes  have  it.  The  motion  to  reconsider  is 
lost.  Are  there  any  further  amendments  to  be  oifered  to  the 
file? 

Mr.  CAMPBELL.  I  suppose  I  ought  to  be  censured  for  not 
being  here  last  night,  when  this,  matter  was  discussed,  a,nd  I 
ought  not  to  take  up  the  time  of  the  convention  at  this  stage 
of  the  proceedings,  but  I  would  like  to  inquire  if  any  amend- 
ment was  made  to  Soc.  9. 

Mr.  PRESIDENT.    None. 

Mr.  CAMPBELL.  Then  I  move  to  amend  the  last  sen- 
tence as  follows:  "Of  not  more  than  twenty-three  nor  less 
than  sixteen,  any  twelve  of  whom  may  find  an  indictment." 

Mr.  MORGAN.     Second  the  motion. 

Mr.  PRESIDENT.  The  question  is  on  Mr.  Campbell's  mo- 
tion to  amend  Sec.  9  as  follows:  "Of  not  more  than  twenty- 
three  nor  less  than  sixteen,  any  twelve  of  whom  may  find  an 
indictment"  Are  you  ready  for  the  question?  All  in  favor 
of  the  motion  will  say  aye;  contrary  no.  The  noes  have  it; 
the  motion  to  amend  is  lost. 

Mr.  CAMPBELL.  Although  I  don't  seem  to  be  very  suc- 
cessful with  my  amendments  I  want  to  pla,ce  myself  on  record 
in  regard  to  these;  things,  and  I  will  now  move  to  strike  out 
all  of  the  last  sentence  after  the  word  "indictment." 

Mr.  PRESTOK    Second  the  motion. 

Mr.  PRESIDENT.  It  is  moved  to  amend  by  striking  out 
all  of  the  last  sentence  in  Sec.  9  beginning  with  word  "but." 
Are  you  ready  for  the  question?  All  in  favor  of  the  motion  to 
strike  out  will  say  aye;  those  opposed  no.  The  noes  have  it; 
the  motion  is  lost. 

Mr.  CAMPBELL.  I  have  another  amendment  which  I  wish 
to  offer.  Sec.  10,  I  believe  that  wras  not  amended.  Now,  Mr. 
President,  I  don't  think  this  committee  here  can  improve  on 
the  language  of  the  United  States  statute  on  this  subject,  and 
I  therefore  move  to  amend  by  striking  out  the  words  ''to  meat 
the  witnesses  opposed  face  to  face,"  and  put  in  the  language 
which  everybody  understands,  "to  be  confronted  with  the  wit- 
nesses against  him."  That  is  the  language  that  has  been  pass- 
ed upon  by  the  courts,  and  we  all  know  what  it  means. 

Mr.  PRESIDENT.  You  have  heard  the  motion  made  by  Mr. 
Campbell  to  strike  out  and  insert.  Are  you  rea/ly  for  the  ques- 
tion? All  in  favor  of  the  motion  will  say  aye;  those  opposed 
no.  The  chair  is  in  doubt.  All  thoso  in  favor  of  the  motion  will 


PROCEEDINGS  AND  DEBATES. 


727 


rise  to  their  feet  and  stand  until  counted — 17.  Those  opposed 
will  rise  and  stand  until  counted — 10.  The  motion  to  strike 
out  and  insert  prevails. 

Mr.  BAXTER    Mr.  President. 

Mr.  PRESIDENT.  The  gentleman  from  Laramie,  Mr. 
Baxter. 

Mr.  BAXTER,  jl  move  in  the  fourth  line  of  Sec.  18,  after 
the  word  "juror"  to  insert  the  following:  "On  account  of  his  be- 
lief in  God,  or  the  non-existence  of  a  God,  nor."  I  do  this  be- 
cause when  the  motion  to  reconsider  was  pending  before  the 
house  some  of  the  gentlemen  here  did  not  understand  what 
was  before  the  house. 

Mr.  CAMPBELL.     Second  the  motion. 

Mr.  PRESIDENT.  Th£  gentleman  proposes  to  insert  lan- 
guage that  he  has  already  voted  out.  In  order  to  do  that  it 
will  be  necessary  to  reconsider  the  matter. 

Mr.  BAXTER.  My  motion  was  to  insert  "on  account  of 
his  belief  in  God,  or  the  non-existence  of  a  God,  nor."  I  do 
not  think  thoise  are  the  exact  words  that  were  stricken  out. 

Mr.  PRESIDENT.  Will  the  gentleman  present  his  motion 
in  writing? 

Mr.  COFFEEN.  I  would  suggest  that  "on  account  of  his 
belief  or  disbelief  in  God"  would  make  the  smoothest  read- 
ing. 

Mr.  PRESIDENT.  The  gentleman  from  Laramie,  Mr.  Bax- 
ter, moves  to  amend  Sec.  18  by  instrting  the  words  "on  ac- 
count of  his  belief  in  God,  or  the  non-existence  of  a  God,  nor.'7 
Are  you  ready  for  the  question? 

Mr.  BAXTER.  I  simply  want  to  say  a  few  words  in  regard 
to  this  matter.  Some  of  the  gentlemen  present  claim  that  if 
this  is  stricken  out,  the  effect  would  be  the  same  as  with  it 
in.  Other  gentlemen  seem  to  think  that  it  would  not.  Now 
it  seems  to  me  that  the  best  way  for  a  man  to  convey  his 
meaning  is  to  say  what  he  means.  If  he  means  that  a  person 
shall  not  be  disqualified  from  holding  any  office  of  trust  or 
profit,  or  serving  as  a  juror,  I  want  him  to  say  so.  I  object  to 
leaving  thi/3  section  in  such  shape  that  one  man  may  interpret 
it  to  retain  that  restriction  and  some  other  man  says  it  does 
not.  If  we  mean  that  it  does  we  had  bettor  say  so;  if  Ave 
don't  mean  it,  we  had  better  say  that  we  don't  mean  it.  I  don't 
see  why  a  man's  religious  belief  should  disqualify  him.  The 
question  does  not  touch  me  personally,  because  I  believe  in  the 
existence  of  a  God,  but  because;!  believe, a  man  who  does  not 
believe  in  the,  existence  of  a  God  is  just  as  well  qualified,  just 
as  competent  and  just  as  truthful,  as  a  man  who  does  believe, 
to  sertve  as  a  juror  or  hold  any  office  of  trust,  that  I  insist 
this  should  be  inserted.  I  know  two  or  three  men,  citizens  of 
this  town,  who,  if  placed  on  the  stand,  could  not  swear  wheth- 
er they  believed  in  a  God  or  not,  and  I  would  say  further  that 


728  CONSTITUTIONAL  CONVENTION. 

I  don't  believe  that  three  men  out  of  five  have  any  deep,  rigid 
convictions  as  to  what  they  do  believe  in  regard  to  this  ques- 
tion, and  I  think  you  are  placing  a  man  in  a  false  light  to  make* 
him  swear  whether  he  does  or  does  not  believe  something. 

Mr.  HAY.  I  would  like  to  ask  whether  the  words  "any 
matter  of  religious  belief  whatever"  would  not  cover  it  just  as 
well.  It  seems  to  me  that  it  is  all  covered  by  that  one  sen- 
tence. 

Mr.  PRESIDENT.  Are  you  ready  for  the  question?  All 
those  who  are  in  favor  of  inserting  the  words  proposed  by  the 
gentleman  from  Laramie,  Mr.  Baxter,  will  say  aye;  those  op- 
posed no.  A  division  is  called  for.  All  in  favor  of  the  amend- 
ment will  rise  and  stand  until  counted— 13.  Those  opposed 
will  rise  and  stand — 17.  In  the  negative-.  The  motion  to  in- 
sert is  lost. 

The  question  now  is  shall  the  file  be  finally  read? 

Mr.  BURRITT.  I  desire  to  offer  a  substitute  for  Sec.  6. 
The  amendment  offered  to  Sec.  6  that  was  carried  last,  night 
takes  away,  in  my  judgment,  all  the  force  of  the/  section,  and 
I  have  a  substitute  which  I  wish  to  offer,  Avhich  reads  as  fol- 
lows: "No  person  shall  be  deprived  of  his  life,  liberty  or  prop- 
ierty  without  due  process  of  law." 

*Mr.  PRESIDENT.  The  chair  will  state  the  motion  of  the 
gentleman  from  Johnson,  Mr.  Burritt.  He  moves  that  the  fol- 
lowing be  inserted  as  Sec.  G,  in  lieu  of  the,  present  section: 
''No  person  shall  be  deprived  of  his  life,  liberty  or  property 
without  due  process  of  law."  Are  you  ready  for  the  question? 
All  in  favor  of  the  adoption  of  the  amendment  will  say  aye; 
thoso  opposed  no.  The  ayes  have  it,  and  the  motion  prevails. 
Are  there  any  further  amendments?  The  question  is  now  upon 
the  final  reading  of  File  88. 

Mr.  CAMPBELL.  I  have  been  dubbed  a  crank  for  getting 
up  here  this  morning  and  offering  so  many  amendments,  but 
nevertheless  I  would  like  to  know  what  the  words  "American 
Union"  in  the  last  line  of  this  file  mean  ?  I  don't  believe  there 
is  any  such  thing  as  the  "American  Union."  I  say  it  is  the 
United  States  of  America,  and  that  there  is  no  such  thing  as 
the  so  called  "American  Union,"  except  as  that  vague 
term  is  used  by  spread-eagle,  high  flying  orators,  and  I  there- 
fore move  that  the  words  "American  Union"  be  stricken  out, 
and  the  "United  States  of  America,"  inserted  in  lieu  thereof." 

Mr.  PRESIDENT.  The  question  is  now  upon  the  final  read- 
ing and  passage  of.  the  file.  It  has  passed  the  point  where* 
amendments  can  be  made.  All  who  favor  the  adoption  of  File 
88  as  now  amended  as  a  part  of  the  constitution  will  say  aye 
as  their  names  are  called ;  those  opposed  will  say  no  as  their 
names  are  called.  The  secretary  will  call  the  roll.  The  vote 
upon  File  88  is  as  follows:  Ayes,  31;  nays,  5;  absent,  13.  The 
file  No.  88  you  have  adopted,  gentlemen,  as  a  pa.rt  of  the  con- 


PROCEEDINGS  AND  DEBATES.  -729 

tstitution  of  Wyoming.    This  disposes  of  all  matters  upon  the 
table  for  final  reading. 

Mr.  REED.    Mr.  President. 

Mr.  PRESIDENT.    The  gentleman  from  Laramie,  Mr.  Reed. 

Mr.  REED.  I  desire  to  offer  a  proposition  at  this  time  and 
•movo  that  it  be  placed  on  the  general  file.  The,  proposition 
Jis  as  follows:  "Appeals  from  decisions  of  compulsory  boards 
•of  arbitration  shall  be  to  the  supreme  court  of  the  state,  ana 
the  manner  of  taking  such  appeal  shall  be  prescribed  by  law." 

Mr.  PRESIDENT.     Is  there  objection  to  the  proposition 
toeing  offered  at  this  time?    The  chair  hears  none,  and  it  will 
be  referred  to  the  general  file  to  come  up  In  the  regular  order. 
-Are  there  any  other  propositions  or  reports  at  this  time? 

Mr.  POTTER.  In  accordance  with  the  suggestion  made  by 
the  chair,  the  judiciary  committee  desires  to  make  a  report 
upon  some  files  referred  to  them. 

Mr.  PRESIDENT.  Is  there  any  objection  to.  the  report  be- 
ing received  at  this  time?  The  chair  hears  none.  The  report 
will  be  received. 

(See  journal  page  96.) 

Mr.  PRESIDENT.  A  motion  to  go  into  committee  of  the 
whole  for  consideration  of  the  general  file  is  now  in  order. 

Mr.  HARVEY.  I  move  we  now  go  into  committee  of  the 
"whole  for  consideration  of  the  general  file. 

Mr.  BURRJTT.    Second  the  motion. 

Mr.  PRESIDENT.  The  question  is  on  the  motion  to  go 
into  committee  of  the  whole  for  consideration  of  the  general 
file.  All  in  favor  of  the  motion  will  say  aye;  those  opposed  no. 
'The  ayes  have  it;  the  motion  to  go  into  committee  of  the 
whole  prevails. 

(The  president  called  Messrs.  Harvey,  Casebeer,  Clark, 
IFoote,  Campbell,  Reed  to  the  chair,  but  all  declined.  Mr. 
Elliott  of  Johnson  finally  accepted.) 

Mr.  CHAIRMAN.  The  first  file  to  be  considered  is  substi- 
tute for  Files  No.  59,  29  and  8,  on  education. 

Mr.  HOYT.  Mr.  Chairman,  it  will  be  recollected  that  this 
was  taken  up  for  a.  few  moments  the  other  evening,  and  at  tha't 
time  I  stated  that  while  all  the  sections  had  been  very  care- 
fully considered  by  the  committee,  Sec.  1  was  somewhat  has- 
tily prejpared  in  order  to  get  it  before  the  committee  of  the 
whole.  And  I  beg  to  offer  the  following  as  a  substitute  for 
Sec.  1: 

(Hoyt's  substitute  for  Sec.  1.) 

"Since  the'  security  and  general  welfare  of  a  state  depends 
mainly  on  the  popular  intelligence  and  virtue  of  its  citizens, 
the  legislature  shall  provide  for  and  maintain  a  complete  and 
uniform  system  of  public  instruction,  embracing  free  elemen- 
tary schools  of  every  needed  kind  and  grade,  a  university  with 
such  technical  and  professional  departments  as  the  public 


730  CONSTITUTIONAL  CONVENTION. 

good  may  demand,  and  the  means  of  the  state  allow,  and  such 
other  schools  as  may  be  necessary." 

Mr.  BURRITT.  I  would  like  to  ask  Mr.  Hoyt  if  he  consid- 
ers it  a  wise  thing  to  leave  to  the  legislature  the  establishment 
of  grades  in  schools? 

Mr.  HOYT.  I  suppose  the  legislature  will  make  such  pro- 
visions as  will  lead  to  the  establishment  of  grades.  It  is  not 
supposed  that  the  legislature  will  interfere  with  the  grades 
as  they  are  at  present,  but  it  has  been  thought  possible  that 
there  might  be  other  classes  of  schools.  Schools  for  manual" 
training  have  been  opened  IL  in  any  pin  cos  in  connection  with 
the  public  schools.  Then  there  is  the  kindergarten,  for  very 
little  children  before  they  are  prepared  to  enter* the  eight 
grades  which  are  established  almost  universally  throughout 
the  country. 

Mr.  CHAIRMAN.  The  question  is  on  the  substitute.  Are- 
you  ready  for  the  question  ? 

Mr.  BAXTER  I  take  exception  to  it  because  I  don't  think 
that  the  security  depends  mainly  upon  the  intelligence  of  its 
citizens.  I  think  it  is  dependent  upon  the  virtue  and  upright- 
ness of  its  citizens. 

Mr.  COFFEEN.  I  wish  simply  to  state  that  I  think  that 
intelligence  is  not  the  only  safeguard  of  free  institutions; 
virtue  is  greater  and  stronger  than  education. 

Mr.  EOER  I  am  inclined  to  think  that  if  Mr.  Ooffeen  ana. 
Mr.  Baxter  will  refresh  their  memories  they  will  recollect  that 
in  discussing  the  educational  qualification  to  the  right  of  suf- 
frage, that  they  contended  that  it  was.  I  am  therefore  in  favor 
of  the  substitute. 

Mr.  MORGAN.  I  move  to  strike  out  all  of  the  first  part  of 
the  section  down  to  the  words  "the  legislature." 

Mr.  HOYT.  I  think  the  committee  wTould  make  no  objec- 
tion to  that.  This  clause  is  introduced  only  with  the  design; 
to  educate  the  public  mind,  that  is  all. 

Mr.  CHAIRMAN.  All  in  favor  of  the  amendment  will  say 
aye;  those  opposed  no.  The  chair  is  in  doubt.  A,s  many  as  fa- 
vor tho  amendment  will  rise  and  stand  until  counted — 18.. 
Those  opposed  will  rise — 6.  The  motion  is  carried. 

As  many  as  favor  the  adoption  of  this  substitute  as  amend- 
ed will  say  aye;  those  opposed  no.  The  chair  is  in  doubt.  As 
many  as  favor  the  adoption  of  the  substitute  will  rise  and 
stand  until  counted — 17.  Those  opposed  will  rise — G.  The  mo- 
tion is  carried.  The  substitute  is  adopted. 

(Reading  of  Sec.  2.) 

Mr.  MORGAN.  I  suggest  that  the  figures  be  stricken  out 
and  the  words  written. 

Mr.  CHAIRMAN.  That  is  a  matter  that  the  committee  on, 
revision  will  attend  to. 

(Reading  of  Sec.  3.) 


PROCEEDINGS  AND  DEBATES.)  731 

Mr.  CLARK.    I  move  to  strike  out  the  section. 

Mr.  PALMER.    Second  the  motion. 

Mr.  HOYT.    I  would  like  to  ask  the  gentleman  why? 

Mr.  CLARK.  My  reason  is  that  I  Jbelieve  in  the  section 
above  everything  that  can  possibly  go  to  the  schools  is  provid- 
ed for,  and  I  don't  see  any  necessity  for  this  section. 

Mr.  CHAIRMAN-.  As  many  as  are  in  favor  of  striking  out 
will  say  aye-;  contrary  no.  The  chair  is  in  doubt.  As  many 
as  favor  the  motion  will  rise  and  stand  until  counted — 16. 
Those  opposed — 5.  The  motion  is  carried.  No  objection  to 
Sees.  4  and  5. 

(Reading  of  Sec.  6.) 

Mr.  HOYT.  There  seemis  to  have  been  an  error  in  the  first 
lino,  after  the  word  "belong."  I  think  there  should  be  inserted 
"to  the  public  school  fund." 

Mr.  POTTER.  I  move  to  amend  by  striking  out  the  words 
''county  treasurers"  and  insert  "custodians  of  such  fund.-7 
Perhaps  we  ought  to  omit  that  part  providing  that  the  money 
shall  be  paid  to  the  county  treasurers,  as  the  legislature  might 
make  other  provision.  I  don't  know  a,s  we  ought  to  bind  the 
legislature  as  to  the  method,  and  therefore  I  move  to  strike 
out  "county  treasurers"  and  insert  "custodians  of  such  fund.'r 

Mr.  BROWN.  The  county  treasurer  receives  all  the  money 
for  the  school  funds  of  the  county,  and  I  think  he  ought  to  re- 
ceive every  cent  and  then  have  it  disbursed  by  the  treasurer 
of  the  county  among  the  several  school  districts.  This  belongs 
to  the  fund  of  the  county  and  ought,  to  be  in  the  hands  of  the 
county  treasurer. 

Mr.  BTTRRITT.  Let  me  call  attention  to  the  fact  the  con- 
stitution, as  we  now  have  it,  does  not  specify  any  county  offi- 
cials at  all.  Now  supposing  the  legislature  should  see  fit  to 
designate  some  other  person  than  the  county  treasurer,  sup- 
posing they  shouldn't  have  a  county  treasurer  and  should  call 
it  something  else? 

Mr.  COFFEEN.  I  desire  to  ask  one  question  of  the  com- 
mittee. "All  fines  and  penalties."  Are  there  not  other  funds 
that  should  be  turned  over  to  the  county  besides  "fines  and 
penalties  ?" 

Mr.  HOYT.  That  matter  was  carefully  considered  by  the 
committee,  and  while  several  matters  were  included  they  were 
finally  thrown  out  as  being  funds  that  would  go  into  the  county 
fund  in  a  general  way,  and  we  thought  it  not  wise  to  interfere 
with  them. 

Mr.  CHAIRMAN.  The  question  is  on  the  amendment  of- 
fered by  Mr.  Hoyt,  to  insert  after  "belong"  the  following:  "To 
the  school  fund."  As  many  as  favor  the  amendment  will  say 
aye;  those  opposed  no.  The  ayes  have  it;  the  amendment  is 
carried.  The  next  amendment  is  the  one  offered  by  Mr.  Potter, 


732 


CONSTITUTIONAL  CONVENTION. 


to  strike  out  "county  treasurers''  and  insert  "custodians  of 
such  fund." 

Mr.  HOYT.  J  suggest  that  the  words  "county  treasurers" 
be  allowed  to  remain,  but  after  the  word  ''collected"  to  insert 
a  clause  which  Mr.  Potter  will  prepare,  covering  the  ground, 
which  he  will  now  offer. 

Mr.  POTTER.  In  order  to  get  this  right  I  move  to  amend 
as  follows:  "All  fines  and  penalties  under  general  laws  of  the 
state  shall  belong  to  the  public  school  fund  of  the  respectiA-e 
counties,  and  be  paid  over  to  the  custodians  of  such  funds  for 
the  current  support  of  the  public  schools  therein."  Amend  the 
whole  section  in  that  way. 

Mr.  GRANT.  I  think  that  this  fund  ought  to  be  turned  over 
to  the  county  if  possible,  and  I  think  that,  the  section  as  it 
now  stands  is  right.  We  certainly  will  have  a  county  treasur- 
er; we  will  have  to  have. 

Mr.  CHAIRMAN.    Are  you  ready  for  the  question? 

Mr.  FOX.  I  think  that  the  section  as  it  now  reads  is  just 
right.  I  have  been  in  the  Albany  county  treasurer's  office  and 
I  know  all  the  money  that  comes  in  to  the  treasurer  is  put  into 
the  school  fund,  and  is  apportioned  by  the  school  superintend- 
ent of  the  county  to  the  different  districts  of  the  county,  ac- 
cording to  the  number  of  children,  and  I  think  the  county 
treasurer  is  the  proper  person  to  handle  it. 

Mr.  CHAIRMAN.  As  many  as  favor  the  amendment  will 
indicate  the  same  by  saying  aye;  those  opposed  no.  A  divi- 
sion is  called  for.  As  many  as  favor  the  substitute  will  rise 
and  stand  until  counted — 17.  Those  opposed  will  rise — 17. 
The  motion  is  carried  and  the  substitute  is  adopted. 

(Reading  of  Sec.  7.) 

Mr.  BINER.  I  move  to  strike  out  the  word  "sacred"  for 
the  reason  it  is  unnecessary. 

Mr.  BAXTER.  I  rise  to  make  an  inquiry.  It  says  that 
"all  funds  for  educational  purposes."  The  state  may  have 
some  funds  set  apart  for  a  university.  Now  under  this  section 
would  not  that  fund  have  to  be  applied  for  the  "benefit  of  the 
public  schools." 

Mr.  FOX.    I  move  that  Sec.  7  be  stricken  out. 

Mr.  CHAIRMAN.  The  question  is  on  the  motion  of  the 
gentleman  from  Laramie,  Mr.  Rinor,  to  strike  out  the  word 
"sacred."  All  in  favor  of  the  motion  will  say  aye;  contrary 
no.  The  ayes  have  it;  the  motion  is  carried. 

Mr.  BAXTER.  I  move  to  strike  out  in  the  seventh  lino 
the  last  four  words  and  insert  "or  of  the  United  States."  1 
think  bringing  in  the  word  "securities"  so  many  times  makes 
the  sentence  awkward. 

Mr.  CHAIRMAN.  Gentlemen,  you  have  heard  the  motion. 
All  in  favor  of  the  motion  will  say  aye;  those  opposed  no.  The 
ayes  have  it ;  the  motion  is  carried. 


PROCEEDINGS  AND  DEBATES. 


735 


(Beading  of  Sec.  8.) 

Mr.  BROWN.  I  call  the  attention  of  the  committee  to  the 
fact  that  the  word  "funds"  refers  to  two  or  three  different 
fund&  while  ,the  intuition  of  the  section  is  to  refer  to  the- 
funds  in  the  preceding  section.  I  therefore  move  to  amend  by 
inserting  the  words  "in  the  preceding  section." 

Mr.  CHAIRMAN.  You  have  heard  the  motion.  All  in  fa- 
vor of  the  amendment  will  say  aye;  contrary  no.  The  ayes 
have  it;  the  motion  prevails. 

Mr.  GRANT.  I  move  to  strike  out,  in  the  third  line  ''school 
district"  and  insert  "county." 

Mr.  CHAIRMAN.  Are  you  ready  for  the  question?  All 
in  favor  of  the  motion  will  say  aye ;  contrary  no.  The  ayes  have 
it;  the  motion  is  carried. 

Mr.  BROWN.  I  move  to  insert  in  line  one  of  Sec.  7,  in 
place  of  the  word  "educational"  the  words  "qublic  school  pur- 
poses.^ 

Mr.  HOYT.    Second  the  motion. 

Mr.  CHAIRMAN.  You  have  heard  the  motion.  Are  you 
roady  for  the  question?  All  in  favor  of  the  motion  will  say 
aye;  contrary  no.  The  ayes  have  it;  the  motion  prevails. 

(Reading  of  Sec.  9.) 

Mr.  JOHNSON.  I  move  to  strike  out  the  word  "five"  and 
insert  "three."  To  have  it  five  would  work  a  great  hardship 
in  some  of  the  outside  districts. 

Mr.  CHAIRMAN.  You  have  heard  the  motion.  Are  yon 
ready  for  the  question?  All  in  favor  of  the  motion  will  say 
aye;  contrary  no.  The  ayes  have  it;  the  motion  is  carried. 

Mr.  BURRITT.  After  the  word  "age"  I  move  to  insert 
"actually  in  attendance  and  enrolled."  If  I  can  get  a  second 
I  will  explain. 

Mr.  REED.    Second  the  motion. 

Mr.  BURRITT.  I  make  this  amendment  by  -reason  of  a  lit- 
tle experience  (I  had  as  superintendent  of  public  schools  in  my 
county.  The  number  of  school  children  returned  to  me  as  su- 
perintendent of  public  schools  made  me  open  my  eyes.  I  care- 
fully examined  the  law,  and  being  satisfied  that  there  was  no 
such  number  of  children  in  school,  and  after  taking .  advice,  I 
found  I  could  do  nothing  but  apportion  the,  money  to  themr 
and  I  made  the  apportionment,  but  at  the  same  time  sent 
them  by  registered  mail  a  notice  that  any  false  return  that  had 
been  made  by  the  board  of  trustees  might  get  the  school  board 
into  trouble,  and  I  found  that  they  had  made  their  report,  send- 
ing in  the  names  of  every  person  between  thejschool  agos,  in 
that  district,  whether  they  attended  school  or  not.  The  re- 
sult was  that  a  district  where  about  twelve  children  went  to 
school  they  had  about  four  hundred  and  seventy  as  I  remem- 
ber it.  I  went  over  there  and  personally  investigated  the  mat- 
ter, and  found  that  they  had  included  in  that  list  a  large  nuin- 


734 


CONSTITUTIONAL  CONVENTION. 


ber  of  cowboys  on  the  range.    Now  I  think  it  should  be  dis 
tributed  among  the  counties  in  accordance  with  the  number 
of  children  actually  in  attendance. 

Mr.  SUTHERLAND.  I  would  like  to  speak  just  a  moment 
We  have  got  a  school  district  in  Albany  county,  two  families 
support  it,  and  if  you  would  only  allow  us  for  the  children  that 
actually  go  to  school  we  would  have  to  shut  up  the  school,  and 
deprive  the  children  up  there  of  any  chance  to  go  to  school  at 
all,  and  for  that  reason  I  would  rather  see  it  as  it  stands. 

Mr.  BROWN.  I  generally  agree  with  my  friend  from  John- 
son, because  he  is  very  clear  headed,  but  I  cannot  agree  with 
him  in  this.  I  think  that  thelre  is  but  one  way  to  apportion 
this  money  among  the  schools,  and  that  is  the  way  provided 
by  this  section.  If  you  change  as  suggested  you  hold  out  this 
inducement.  In  order  for  a  county  to  get  more  than  its  fair 
proportion  of  school  money,  this  plan  might  be  adopted :  Peo- 
ple who  are  not  entitled  to  school  money  because  of  their  non- 
attendance  would  go  into  school  for  a  single  day,  and  enroll 
as  members,  of  the  school,  and  never  again  go  into  the  school, 
and  they  would  go  for  the  very  purpose  of  seeming  the  school 
money.  In  some,  districts  you  might  find  that  it  worked  to 
great  advantage  to  the  interest  of  a  single  county.  Now  in  dis- 
tributing this  money  as  between  counties,  and  that  is.  the  prop- 
osition here,  what  reason  can  there  be  against  the  theory  of 
counting  every  person  of  school  age  in  the  county.  What  o,b- 
objection  to  this  method  is  there?  We  have,  by  law,  now  a 
way  of  ascertaining  the  age  of  every  person  in  the  county  who 
is  entitled  to  it;  our  assessors  are  required  to  incorporate  this 
in  his  report.  And  if  such  system  is  continued  we  will  have 
some  reasonable  method  of  ascertaining  the  number  of  schol- 
ars who  may  draw  money,  and  have  some  data  upon  which  to 
act  in  distributing  money,  and  it  seems  to  me  the  much  better 
method,  and  the  only  one  that  can  be  fairly  adopted. 

Mr.  BURRITT.  I  would  like  to  say  to  Judge  Brown  that 
there  are  six  hundred  children  in  the  public  schools  of  Chey- 
enne, right  over  there  there  are  two  or  three  hundred,  certain- 
ly a  hundred  and  fifty.  Now  if  this  is  carried  out  in  the  way 
planned  hero,  we  in  Johnson  county  who  are  attempting  to  sup- 
port the  public  schools  up  there,  will  not  have  as  much  money 
per  capita  for  the  support  of  our  schools,  according  to  the  num- 
ber of  children  in  them,  as  will  the  city  of  Cheyenne.  I  ac- 
knowledge, Mr.  Chairman,  they  would  be  on  the  opposite  side 
of  the  position  J  take  in  the  city  of  Laramie  and  in  the  city  of 
Cheyenne,  where  large  private  schools  are  maintained,  and 
reduces  the  general  per  capita  school  tax  for  the  support  of 
the  public  schools,  but  I  insist  that  it  works  an  injustice  where 
we  have  such  private  schools,  having  a  large  number  in  at- 
tendance, and  if  the  state  is  to  have  a  compulsory  educational 
clause  as  it  is,  it  seems  to  me  the  method  suggested  by  me  is 


PROCEEDINGS  AND  DEBATES. 

the  only  equitable  one  to  divide  the  public  money's  equally 
among  the  children  of  the  public  schools. 

Mr.  BROWN.  Would  the*  gentleman  wish  to  deprive  the 
children  in  the  territory  of  their  fair  proportion  of  the  public 
moneys,  whether  they  go  to  school  or  not? 

Mr.  BURRITT.  I  don't  go  much  on  these  outside  schools. 
If  the  people  want  to  send  their  children  to  outside  schools 
let  them  pay  for  it,  and  not  take  our  money  away. 

Mr.  SMITH.  What,  the  geoitleman  from  Johnson  says  is 
probably  true,  but  I  fail  to,  see  the  force  of  any  argument  in 
it.  Suppose  they  do  have  private  schools,  it  is  the  people  who 
live  here  who  support  thesq  schools,  and  the  others  have  the 
benefit,  for  they  get  more  for  their  schools,  but  still  the  money 
comes  to  their  district.  I  don't  see  how  you  can  improve  on 
the  method  provided  here;  it  may  sometimes  work  hardship. 
Now  in  fact  it  would  injure  the  larger  school  if  we  were  to 
distribute  it  in  proportion  to  the  average  attendance,  but  I 
don't  think  it  would  be  fair.  Now  in  our  county  Rawlins  gets 
about  ninety  per  cent  of  what  Carbon  gets,  they  maintain 
their  schools  with  two  teachers,  and  the  teachers  have  no  more 
scholars  than  wTe  have.  They  make  it  their  business  there  to 
see  that  every  scholar  they  can  get  hold  of  gets  to  their  school 
at  least  half  a  day  to  get  on  the  roll.  It  seems  to  me  as  if 
every  person  made  it  their  business  to  secure  every  scholar 
there  is  in  the  district,  so  they  show  a  large  percentage,  our 
average  attendance  is  just  as  good  as  theirs,  but  they  keep 
theirs  up  by  watching  it.  The  teacher  makes  his  report,  and 
the  superintendent  makes  his  apportionment  accordingly, 
and  I  admit  it  works  some  hardship  occasionally. 

Mr.  BURRITT.  I  withdraw  my  amendment.  We  are 
standing  in  our  own  road.  We  will  send  and  register  all  our 
cowboys  and  the  jlndians  and  soldiers  on  tho  Fort  McKinney 
reservation,  and  we  will  get  our  share  of  the  money. 

Mr.  JEFFREY.  I  have  always  been  of  the  opinion  that 
this  matter  of  the  apportionment  of  school  money  properly  bo- 
longs  to  the  legislature,  and  the  discussion  here  this  morning 
tends  further  to  prove  it.  It  is  very  easy  to  repeal  a  statute, 
but  a  hard  matter  to  change  a  constitution,  and  as  the  mem- 
bers of  this  convention  very  widely  differ  in  their  opinions  on 
this  mattery  I  move  to  strike  oat  all  after  the  word  "'county-' 
in  the  second  line  down  to  and  including  the  word  "each" 
in  the  third  line,  because  I  ;believe  the  proper  course  to  pur- 
sue is  to  leave/  it  to  the  legislature. 

Mr.  MORGAN.  On  Behalf  of  the  committee  I  would  like 
to  say  that  this  question  was  very  carefully  considered,  and 
the  committeo  deemed  it  wise  to  insert  this  clause  as  it  reads, 
and  I  believe  it  ought  to  stand  as  it  reads.  We  have  a  compnl- 
sory  school  law  in  this  territory  that  every  child  must  go  to 
school.  NOAV  we  must  provide  for  every  child  whether  they 


736  CONSTITUTIONAL  CONVENTION. 

attend  or  not.  The  argument  of  private  school  don't  cut  any 
figure;  in  time  no  one  may  attend  these  private  schools;  they 
may  have  all  come  out  and  want  to  go  to  the  public  schools. 
All* of  the  age  that  must  attend  must  be  provided  for  by  law, 
and  why  not  determine!  it  right  here,  and  it  seems  to  me  that 
this  section  properly  disposes  of  the  matter. 

Mr.  HOLDEN.  I  hope  the  amendment  as  suggested  by  Mr. 
Jeffrey  will  prevail  for  this  reason.  Under  our  statute  as  it 
now7  stands  the  superintendents  of  public  instruction  are  re- 
quired first  in  making  their  apportionment  to  apportion  one 
hundred  and  fifty  dollars  to  each  district  in  the  county,  and  the 
balance  of  the  fund  can  then  be  apportioned  pro  rata  accord- 
ing to  the  average  daily  attendance.  Now  if  this  section  is 
left  as  it  is  now,  it  seems  to  me  this  provision  of  the  legisla- 
ture which  they  wisely  made  for  the  maintenance  and  protec- 
tion of  the  weaker  districts,  would  be  rendered  impossible, 
and  under  the  proposed  distribution  it  would  give  some  of  the 
smaller  districts  less  than  $100,  and  on  that  they  could  not 
maintain  a  public  school. 

Mr.  COFFEEN.  I  am  opposed  to  the  amendment  to  strike 
out  for  this  reason.  You  will  leave  the  distribution  of  quite  a 
large  fund  to  the  legislature,  to  the  bias  and  prejudice  that 
may  prevail  there,  and  I  do  not  approve  of  that.  The  state  will 
be  liable  to  suffer  more  or  less  injustice  in  this  matter  unless 
you  keep  the  distribution  of  this  fund  as  provided  in  this  arti- 
cle; that  takes  it  out  of  the  power  of  the  legislature,  for  any 
local  or  any  other  reasons,  to  vary  it  from  the  number  of  chil- 
dren of  school  age.  I  think  you  will  all  admit  that  it  is  more 
equitable  and  safer  than  to  leave  it  open.  I  believe  it  i» 
about  right  as  it  is,  and  shall  oppose  the  motion  to  strike  out. 

Mr.  HOYT.  I  will  just  say  that  that  point  was  carefully 
considered  by  the  committee. 

Mr.  CHAIRMAN.  The  Question  is  on  the  motion  of  Mr. 
Jeffrey  to  strike  out  the  words  "according  to  the  number  ot 
children  of  school  age  in  each."  Are  you  ready  for  the  ques- 
tion? All  in  favor  of  the  motion  will  say  aye;  contrary  no. 
The  noes  have  it;  the  motion  is  lost. 

(Reading  of  Sec.  10.) 

Mr.  SOTTH.  I  move-  to  insert  the  word  "such"  be-fore  the 
word  "further." 

Mr.  'CHAIRMAN.  It  is  moved  to  insert  the  word  "suclr' 
before  the  word  ''further"  in  the  first  line.  Are  you  ready  for 
the  question?  All  in  favor  of  the  motion  wrill  say  aye;  contrary 
no.  The  aye$  have  it;  the  motion  prevails.  Any  further 
amendments  to  Sec.  10?  The  secretary  will  read  Sec.  11. 
Any  objection  to  Sec.  11?  The  chair  hears  none.  Sec.  12  will 
be  read. 

(Reading  of  Sec.  12.) 


PROCEEDINGS  AND  DEBATES.  737 

Mr.  TESCHEMACHER.  I  would  like  to  ask  what  tliat 
means. 

Mr.  POTTEE.  I  will  explain  that.  It  won't  do  to  let  the 
territory  nor  the  superintendent  of  public  instruction  prescribe 
text  books.  I  venture  to  say  there  is  no  more  corruption 
than  that  which  is  caused  where  the  prescribing  of  text  books 
is  left  to  the  legislature.  This  matter  has  been  very  fully  dis- 
cussed throughout  all  the  states,  especially  in  his  own  state  the 
gentleman  will  find  that  this  question  has  given  rise  to  a  great 
deal  of  discussion. 

Mr.  CHAIRMAN.  Is  there  objection  to  Sec.  12  ?  The  chair 
hears  none. 

(Reading  of  Sec.  13.) 

Is  there  objection  to  Sec.  13?  No  objection.  Sec.  14  will 
be  read. 

(Reading  of  Soc.  14.) 

Mr.  HOYT.  I  will  say  that  this  section  was  approved  and 
printed  by  the  committee  before  the  report  had  been  made  by 
the  committee  on  public  lands.  Since  that  report  came  in  I  sep- 
they  use  the  words  "land  commissioners"  instead  of  "board  of 
public  lands.'"  It  will  be  necessary  to  make  them  conform. 
I  therefore  move  that  this  section  be  made  to  conform,  so  far 
as  the  title  is  concerned,  to  the  section  contained  in  the  article 
on  public  lands. 

Mr.  FOX.  I  move  the  words  "stafle  treasurer"  be  stricken 
out. 

Mr.  POTTER.  I  was  going  to  suggest  that  as  the  public 
lands  report  is  before  us,  although  it  has  not  been  reached  yet, 
as  we  don't  want  any  confusion  in  these  two  bills,  it  strikes 
me  it  would  be  best  to  refer  them  to  a  joint  committee,  com- 
posed of  the  two  committees,  in  order  that  they  may  be  made 
to  conform,  and  if  necessary  this  matter  be  embraced  in  one 
section. 

Mr.  HOYT.  Could  not  the  revision  committee  attend  to 
that? 

Mr.  GRANT.  I  move  to  amend  by  striking  out  the  word 
"governor"  instead  of  ''state  treasurer." 

Mr.  HOYT.  Is  not  this  the  organization  contained  in  the 
article  on  public  lands? 

Mr.  GRANT.    My  object  is  to  make  them  conform. 

Mr.  COFFEEN.  I  second  the  motion  but  for  a  little  differ- 
ent reason.  It  is  this.  The  state  treasurer  is  the  official  who 
would,  I  take,  it,  be  more  interested  in  rushing  the  sale  of  the 
public  lands,  more  so  at  least  than  any  of  the  other  three  per- 
sons, and  therefore  I  would  retain  the  governor.  My  own  con- 
viction is  that  the  land  ought,  as  nearly  as  practicable,  be  held 
in  perpetuity,  and  not  disposed  of  hastily.  I  would  ratlier  the 
public  school  lands  be  held  for  twenty  years,  and  by  that  time 
the  state  will  see  that  the  true  policy  is  not  to  dispose  of  them 
— 47 


738  CONSTITUTIONAL  CONVENTION. 

at  all.  I  should  favor  leasing  our  lands  and  not  sell  them  ait 
all.  I  just  bring  this  up  that  the  gentleman  may  think  of 
it  when  we  come  to  it. 

Mr.  CHAIRMAN.  The  question  is  on  the  motion  to  strike 
out" the  word  "governor."  Are  you  ready  for  the  question?  All 
in  favor  of  the  motion  will  say  aye;  contrary  no.  The  noes 
have  it;  the  motion  to  strike  out  is  lost.  The  question  is  now 
on  the  motion  to  strike  out  the  word  "state"  treasurer.''  Are 
you  ready  for  the  question?  All  those  in  favor  of  the  motion 
will  say  aye;  contrary  no.  The  chair  is  in  doubt.  All  in  favor 
of  the  motion  will  rise  and  stand  until  counted — 9.  Those  op- 
posed will  rise  and  stand — 11.  The  motion  is  lost.  Any  furth- 
er amendments? 

Mr.  HOYT.  I  move  that  the  revision  committee  be  author- 
ized to  make  Sec.  14  of  this  file  conform  to  the  section  regard- 
ing the  same  subject  contained  in  the  article  on  public  lands. 

Mr.  BROWN.  Is  that  not  one  of  the  duties  of  the  revision 
commit  tee  to  look  after  just  such  things  as  this  and  make  them 
conform?  jl  see  no  use  of  authorizing  them  to  do  this  thing, 
when  they  already  have  that  authority. 

Mr.  CHAIRMAN.  Sec.  15  will  be  read.  Is  there  any  objec- 
tion to  Sec.  15  ?  The  chair  hears  none.  Sec.  16  will  be  read. 

(Reading  of  Sec.  16.) 

Mr.  CLARK.  I  offer  the  following  as  a  substitute  for  Sec. 
16  of  the  printed  bill:  "The  establishment  of  the  university  of 
Wvomino-  is  hereby  confirmed,  and  said  institution  with  its 
several  departments  is  hereby  declared  to  be  the  university  of 
Wyoming.  All  lands  which  may  hereafter  be  granted  by  con- 
gress unto  the  university  as  such,  or  in  aid  of  the  instruction 
to  be  given  in  any  of  its  departments,  with  all  other  grants, 
donations  or  devises  for  said  university,  or  for  any  of  its  depart- 
ments, shall  vest  in  said  university,  and  be  exclusively  used  for 
the  purposes  for  which  they  were  granted,  donated  or  devised. 
The  said  lands  may  be  leased  on  terms  approved  by  the  board 
of  public  lands,  but  may  not  be  sold  on  terms  not  approved  by 
congress,  nor  to  any  one  person,  company  or  corporation,  in 
quantities  exceeding  640  acres." 

Now,  Mr.  Chairman,  the  only  changes  made  in  the  section 
is,  first,  the  change  as  to  the  permanent  location  of  the  univer- 
sity, a  change  as  to  the  grants  of  the  United  States,  and  the 
changes  in  the  last  clause,  which  really  means  nothing  as  it 
stands  in  the  printed  bill,  "they  shall  be  disposed  of  to  no  per- 
son in  subdivisions  exceeding  640  acres,"  which  -neans  nothing, 
because  under  our  laws  there  are  no  subdivisions  of  640  acres. 

Now  in  regard  to  the  first  part  of  the  section,  I  am  willing 
that  the  establishment  of  the  university  as  a  fact  in  the  educa- 
tional system  of  our  territory  should  be  conceded.  But  I  am  not 
willing,  and  I  would  not  vote  for  any  proposition  that  perma- 
nently locates  a  public  building  or  institution  in  any  one  place. 


PROCEEDINGS  AND  DEBATES.  739 

I  am  not  in  favor  of  locating  the  university  at 'La-ramie  City 
forever,  any  more  than  I  am  in  favor  of  permanently  locating 
the  capital  at  Cheyenne  forever,  or  the  insane  asylum  at  Evans- 
ton  forever. 

Now  in  regard  to  the  next  place  where  the  substitute  dif- 
IVrs  from  the  printed  bill.  "All  rights,  franchises,  immunities 
and  endowments  heretofore  granted  or  conferred  are  hereby 
perpetuated  unto  said  university."  I  am  firmly  of  the  opinion, 
after  looking  up  the  law  this  morning,  that  if  that  is.  passed,  no 
matter  what  may  be  the  needs  of  the  university,  no  matter 
what  the  wealth  and  assessable  property  of  this  territory,  there 
will  be  absolutely  requiped  to  be  collected  and  paid  into  the 
treasury  a  tax  of  one-half  a  mill  on  the  dollar  on  the  assessed 
valuation  of  the  territory.  I  may  be  mistaken,  but  I  believe  un- 
der the  term  "endowment"  comes  this  tax.  'In  the  original  law 
providing  for  the  establishment  of  a  university,  which  is  Sec. 
3, 716,  is  the  following:  "To  provide  an  income  for  such  univer- 
sity, there  shall  be  assessed  upon  all  the  taxable  property  of 
the  territory,  in  each  year  after  the  passage  of  this  chapter,  a 
tax  of  one-fourth  of  a  mill,  on  each  and  every  dollar  of  the  as- 
sessed valuation  of  such  property."  If  that  is  not  an  endow- 
ment, I  don't  know  what  it  is.  There  shall  be  levied  a  tax  ot 
so  much,  that  moans  there  is  an  endowment  of  a  quarter  of  a 
mill  on  every  dollar  of  assessable  property  in  Wyoming  terri- 
toiy.  The  last  session  of  the  legislature  amended  that.  It 
was  not  merely  an  appropriation  bill,  granting  so  much,  but  it 
is  a  direct  amendment  to  this  original  Sec.  3,716.  It  is  found  in 
,Sec.  35,  page  62,  of  the  session  laws  of  1888.  Sec.  3,716  (which 
I  have  just  read)  of  the  revised  statutes  is  hereby  amended  and 
re-enacted  so  as  to  read  as  follows:  "Sec.  3,716.  To  provide  an 
income  for  such  university  there  shall  be  assessed  upon  all  tax- 
able property  in  the  territory,  in  eacli  year,  a  tax  of  one-hair 
of  a  mill  on  each  and  every  dollar  of  the  assessed  valuation  of 
such  property,  Avhich  tax  shall  be  levied,  collected  and  paid  to 
the  territorial  treasurer  in  the  manner  provided  by  law  for  the 
levy,  collection  and  payment  of  other  territorial  taxes."  So  I 
fear  if  we  adopt  this  section  we  may  get  into  trouble,  and  it 
will  be  something  we  may  regret  in  the  future.  I  believe  in  the 
good  sense  of  the  people  of  Wyoming,  it  has  been  settled  so 
far  as  educational  matters  are  concerned,  in  providing  for  the 
beautiful  university,  and  in  the  providing  for  a  tax  for  the  sup- 
port of  that  university.  As  a  state,  this  university  will  have  a 
large  income,  a  larger  income  perhaps  than  the  territory  itself, 
from  the  use  of  its  school  lands,  and  the  further  provision  in 
this  bill  that  the  legislature  shall  provide  for  any  deficiency 
that  may  exist,  it  seems  to  me  according  to  my  construction 
of  the  word  endowment  that  this  would  have  the  effect  of  mak- 
ing that  one-quarter  or  one-half  of  a  mill  tax  permanent,  no 
matter  what  the  needs  may  be. 


CONSTITUTIONAL  CONVENTION. 


Mr.  GRANT.  Not  to  exceed  one  section  of  land,  would  not 
that  be  sound? 

Mr.  HOYT.  «I  feel  I  may  consider  myself  authorized  by  all 
members  of  the  committee  to  say  that  the  committee  in  draft- 
ing this  section  had  no  intention  of  perpetuating  a  fixed  tax, 
a  tax  of  any  particular  amount,  to  the  university,  as  one  of  its 
funds  and  resources,  and  I  do  not  think  that  the  language  used 
would  involve  that. 

Mr.  POTTER.  I  agree  with  the  chairman  that  it  was  not 
the  intention  of  the  committee. 

Mr.  COFFEEN.  In  view  of  the  statements  of  the  last  two 
gentlemen  it  would  seem  that  there  is  no  serious  objection 
on  their  part  to  making  it  certain  that  this  will  not  be  made 
perpetual.  I  am  in  favor  of  the  amendment  as  proposed;  I 
think  it  is  necessary  for  all  the  three  points  that  he  named. 
First,  we  will  be  sure  this  tax  is  not  made  perpetual;  second, 
that  it  will  not  permanently  locate  the  university,  not  that  I 
think  that  anybody  at  present  desires  to  move  it,  but  it  would 
be  safer  and  better  not  to  bind  ourselves  unnecessarily,  third, 
the  change  in  the  language  of  the  last  clause  makes  the  sense 
much  better,  and  makes  three  good  reasons  for  favoring  the 
substitute  offered  by  Mr.  Clark. 

Mr.  CLARK.  My  attention  has  been  called  to  the  fact 
that  there  has  already  been  a  grant  of  seventy-two  sections 
to  this  university,  and  I  threfore  desire  to  insert  after  the 
word  "which"  in  the  eighth  line  "or  lands  which  have  hereto^ 
fore  been  granted." 

Mr.  BAXTER.  I  move  to  amend  the  substitute  by  strik- 
ing out  the  last  part  of  the  last  sentence.  I  don't  see  wrhy  we 
should  put  a  limit  on  it.  If  you  will  realize  more  by  selling  to 
one  man,  what  is  the  objection  to  one  man's  acquiring  more 
than  640  acres?  I  don't  see  any  use  in  putting  that  restriction 
upon  it. 

'Mr.  CHAIRMAN.  The  question  is  upon  the  amendment  to 
the  substitute  Are  you  ready  for  the  question?  Moved  to- 
strike  out  the  last  part  of  the  last  sentence.  As  many  as  fa- 
vor the  amendment  will  say  aye;  contrary  no.  The  chair  is  in 
doubt.  As  many  as  favor  the  amendment  will  rise  and  stand', 
until  counted  —  15,  Those  opposed  will  rise  —  7.  In  the  nega- 
tive. The  motion  is  carried. 

The  question  is  upon  the  adoption  of  the  substitute  as 
amended. 

Mr.  BROWN.  The  only  objection  that  I  have  to  the  pro- 
posed amendment  is  that  is  puts  the  university  on  wheels,  to- 
be  wheeled  around  anywhere  they  may  please  at  any  time, 
I  am  opposed  to  the  amendment  for  that  reason,  and  I  simply 
say  to  some  of  these  gentlemen  that  if  they  propose  to  put 
these  buildings  on  wheels  it  may  prove  a  boomerang  to  some 
of  them. 


PROCEEDINGS  AND  DEBATES. 


741 


Mr.  POTTER.  I  don't  believe  in  putting  it  on  wheels,  but 
if  the  majority  of  the  convention  don't  want  to  make  it  per- 
petual, they  can  make  the  location  as  established  for  a  certain 
term  of  years>  and  let  it  be  changed  on  a  vote  of  the  people. 

Mr.  PRESTON.  I  am  in  favor  of  this  amendment  for  the 
reason  that  I  think  it  is  a  good  idea  to  put  these  buildings  on 
wheels.  When  we  become  a  state  we  want,  to  wheel  them  up 
into  the  central  part  of  the  state.  Therefore  I  am  in  favor  ot 
the  amendment. 

Mr.  RINER,  I  am  of  the  opinion  that  the  location  of  these 
public  buildings  should  come  in  a  separate  section.  I  no- 
tice there  is  always  a  separate  article  on  the  location  of  pub- 
lic buildings  and  state  institutions,  and  are  generally  in  this 
form.  It  provides  they  shall  be  located  at  the  place  at  which 
they  are  located  at  the  adoption  of  the  constitution  for  a  cer- 
tain term  of  years,  which  in  the  judgment  of  the  convention 
can  be  fixed  at  any  term,  and  that  afterwards  they  may  be 
changed  upon  a  vote  of  the  pepple.  That,  it  seems  to  me,  is 
a  fair  proposition.  I  therefore  favor  Mr.  Clark's  amendment. 
I  take  it  that  the  committee  on  schedule  have  provided  that 
the  location  of  these  public  buildings  shall  only  be.  changed 
after  a  proper  term  of  years  by  vote  of  the  people.  That  is 
where  it  belongs,  and  has  no  place  here.  I  think  all  these  in- 
stitutions should  be  located  wThere  they  are  now  located  for  a 
certain  term  of  years.  We  don't  want  that  question  submitted 
until  we  are  able,  and  the  interests  of  Wyoming  wrarrant  the 
change.  Then  it  will  be  submitted  after  a  certain  term  of 
years  to  a  vote  of  the  people.  I  don't  believe  the  university  will 
ever  be  changed,  but  I  agrefe  with  Mr.  Clark  that  it  is  not  right 
for  this  convention  to  seek  to  locate  any  public  institution  ex- 
cept for  a  term  of  years,  and  after  that  let  it  be  submitted  to 
the  people,  and  if  they  want  to  change  it  they  can  do  so.  They 
can  corsider  any  question  of  expe'nse,  and  their  taxable  re- 
sources, and  if  they  see  fit  to  make  the  change  they  can  do  it. 

Mr.  BROWTN.  The  schedule  does  not  provide  for  any  of 
these  things.  It  might  w- ell  do  so,  and  d  think  should  properly 
contain  such  provisions,  but  inasmuch  as  this  leaves  the  entire 
matter  open  if  we  adopt  this  section  as  now  proposed,  it  places 
practically  the  university  upon  wheels,  whatever  it  may  do  to 
the  other  institutions.  The  sentiment  expressed  by  Mr.  Riner 
coincides  exactly  with  my  own  viewrs  upon  this  question,  and 
I  think  that  these  institutions  should  be  located  for  a  term  of 
years,  and  should  never  be  moved  except  upon  a  vote  of  the  peo- 
ple, and  I  think  this  should  be  so  as  to  the  capital,  as  to  the 
university  or  any  of  these  public  buildings  or  institutions  that 
have  been  established  by  law.  Now  if  it  is  the  scftise  of  the 
convention  to  place  these  things  in  the  schedule,  I  am  satisfied 
with  that,  but  I  am  not  satisfied  that  these  things  should  be 


742 


CONSTITUTIONAL  CONVENTION. 


left  open  to  come  into  future  sessions  of  the  legislature  for 
the  next  ten  years,  to  be  matters  of  log  rolling. 

Mr.  RIXER.  I  think  it  is  the  sense  of  this  convention  that 
these  things  go  into  the  schedule,  there  can  be  no  reasonable 
objection  to  that  that  I  can  see. 

Mr.  JEFFREY.  By  way  of  explanation  concerning  that 
schedule,  I  will  say  that  the  idea  of  the  committe  on  schedule 
was  that  that  would  be  provided  for  under  a  separate  heading 
of  state  institutions.  We  found  that  was  the  customary  way 
of  doing  it,  and  that  is  why  it  was  omitted. 

Mr.  HOYT.  I  merely  desire  to  say  that  the  Committee  in 
drafting  this  followed  the  form  which  they  found  in  some 
constitutions  locating  or  confirming  the  loca.rion  of  the  univer- 
sity, where  it  happened  to  be  a  provision  of  the  constitution, 
and  as  to  the  matter  of  fixing  or  saying  anything  about  the 
location  of  public  buildings,  the  committee  on  education  were 
of  the  opinion  that  that  subject  would  be  dealt  with,  and  more 
properly,  by  the  committee  on  schedule,  and  so  loft  it  out. 

Mr.  POTTER  I  move  this  be  referred  to  the  committee  on 
public  buildings. 

Mr.  CHAIRMAN.  Gentlemen,  you  have  heard  the  motion. 
All  in  favor  of  so  referring  Sec.  16  will  say  aye;  contrary  no. 
The  ayes  have  it;  the  motion  prevails.  Sec.  17  will  be  read. 

(Reading  of  Sec.  17.) 

Mr.  BURRITT.  I  move  to  strike  out  from  lines  five  and 
six  the  words  "as  the  crowning  educational  institution  of  the 
state."  Mr.  Chairman,  I  move  to  strike  this  out  not  for  the 
reason  that  I  hope  it  will  not  be  the  crowning  educational  in- 
stitution of  the  state,  but  because  very  likely  it  may  not  be. 
A  private  university  more  heavily  endowed  than  the  state  uni- 
versity might  be  able  to  get  ahead  of  it. 

Mr.  CHAIRMAN.  Gentlemen,  you  have  heard  the  motion. 
All  in  favor  of  the  amendment  will  say  aye;  contrary  no.  The 
chair  is  in  doubt.  As  many  as  favor  the  amendment  will  rise 
and  stand  until  counted — 15.  Those  opposed  will  rise — 8.  The 
motion  is  carried.  Any  further  amendments? 

Mr.  BROWN.  I  move  to  strike  out  "both  sexes,  irrespec- 
tive of  race  or  color."  I  don't  believe  there  is  any  sense  in  en- 
croaching on  the  color  line.  Leave  those  terms  out,  and  it  don't 
exclude  anybody. 

Mr.  HOYT.  The  question  has  sometimes  been  brought  up 
about  the  propriety  of  admitting  colored  citizens,  and  we  want 
ed  to  put  that  beyond  all  question  by  putting  it  in  here,  as  it 
has  not  been  covered  in  any  other  place. 

Mr.  CHAIRMAN.  As  many  as  favor  the  amendment  will 
say  aye;  contrary  no.  The  chair  is  in  doubt.  As  many  as  fa- 
vor of  the  amendment  will  rise  and  stand  until  counted — 14. 
Those  opposed  will  rise — 1G.  In  the  negative.  The  motion  is 
lost. 


PROCEEDINGS  AND  DEBATES. 


743 


(Beading  of  Sec.  18.) 

Mr.  BURRITT.  I  don't  see  why  trustees  should  serve  as 
university  regents  without  receiving  some  compensation,  and 
I  think  that  can  be  left  to  the  legislature.  At  such  time  as 
the  state  is  able  to  pay  the  regents  a  fair  compensation  for 
taking  this  trouble,  a  fair  provision  can  be  made  for  it,  and  I 
think  it  should  be  left  to  the  legislature.  The  governor  will 
appoint  some  trustees  from  distant  parts  of  the  territory,  who 
may  have  to  be  absent  from  their  business  a  long  time  to  at- 
tend to  their  duties,  and  they  should  have  "some  compensation, 
and  I  think  that  matter  should  be  left  to  the  legislature. 

Mr.  BAXTER.  I  don't  like  the  beginning  of  the  sentence. 
I  move  to  amend  by  striking  that  out  and  saying  "the  legisla- 
ture shall  provide  for  the  management,  etc.,  by  a  board  of  trus- 
tees," 

Mr.  RINER.     Second  the  motion. 

Mr.  CHAIRMAN.  Gentlemen,  you  have  heard  the  motion. 
Are  you  ready  for  the  question  ?  All  in  favor  of  the  amendment 
offered  by  the  gentleman  from  Laraniie,  Mr.  Baxter,  will  say 
aye;  contrary  no.  The  ayes  have  it;  the  amendment  prevails. 

Mr.  JOHNSTON.  I  move  to  strike  out  in  the  second  line 
the  word  ''seven'  and  insert  "five."  My  reason  for  doing  so  is 
that  these  men  will  probably  be  appointed  from  distant  parts 
of  the  territrory,  and  it  would  be  harder  to  get  a  quorum  with 
seven  than  five. 

Mr.  HAY.  Strike  out  consisting  of  seven  members  and 
leave  it  all  to  the  legislature. 

Mr.  BROWN.  I  believe  that  the  number  of  the  board  as 
fixed  now  is  a,s  wisely  done  as  it  can  well  be.  You  will  find 
this  certain,  no  mater  how  the  number  of  the  board  may  be  in- 
creased or  decreased,  the  board  is  compelled  to  meet  as  often 
as  once  a  month,  and  often  times  meets  three  or  four  times  a 
month  to  attend  to  the  necessary  affairs  of  the  university,  and 
to  call  men  from  different  parts  of  tjie  territory  as  often  as 
they  are  compelled  to  meet,  would  be  an  unwrise  thing  and 
could  not  be  done.  Now  however  your  board  is  constituted, 
you  will  have  to  have  a  majority  of  the  trustees  appointed 
from  sections  so  near  the  seat  of  the  university  as  to  enable 
a  quorum  to  meet  there  at  any  time  for  the  transaction  of  the 
necessary  business  of  the  university.  I  believe  as  it  is  fixed 
now  it  is  wisely  done.  It  may  be  well  to  trust  it  to  the  legisla- 
ture howrever. 

Mr.  HOYT.  I  will  simply  state  I  know  of  no  institution  of 
this  kind  in  the  country  where  the  board  of  trustees  consists 
k)f  a  less  number  than  seven.  This  is  the  least  number  of  which 
I  have  any  knowledge,  and  I  confirm  what  has  been  said  by- 
Judge  Brown' on  the  matter  of  having  the  board  at  least  con- 
sist of  seven. 


744  CONSTITUTIONAL  CONVENTION. 

Mr.  COFFEEN.  I  wish,  simply  to  express  the  hope  that 
this  will  not  prevail.  I  believe  seven  to  bo  the  better?  number 
for  the  reason  stated,  and  I  would  add  no  number  to  touch 
the  efficiency  of  the  board  as  fixed  and  reported  by  the  com- 
mittee in  charge,  unless  there  is  some  grave  reason  for  chang- 
ing it, 

Mr.  HAY.  I  had  no  desire  to  effect  the  efficiency  of  the 
board,  but  it  seems  to  me  its  efficiency  would  be  better  secured 
by  leaving  it  to  the  legislature,  instead  of  fixing  a  number  here. 

Mr.  CHAIRMAN.  The  question  is  on  the  motion  to  strike 
out  'seven."  As  many  as  favor  the  amendment  will  say  aye; 
contrary  no.  The  chair  is  in  doubt.  As  many  as  favor  the 
amendment  will  rise — 12.  Those  opposed  will  rise — 1G.  In 
the  negative.  The  motion  is  lost. 

Mr.  HOPKINS.  I  would  like  to  make  an  amendment  in 
this  way.  I  believe  that  the  president  of  the  university  and 
superintendent  of  public  instruction  should  be  members  ot 
this  board  of  trustees.  I  believe  they  should  be  active  mem- 
bers of  that  board,  and  I  should  like  to  make  an  amendment 
so  as  to  cover  that  ground. 

Mr.  BROWN.    I  would  suggest  an  objection  to  that.    As 
this  will  stand  the  governor  appoints  three  trustees.    Now  it 
the  president  and  superintendent  of  schools  are  to  be  made  trus- 
tees, they  would  have  to  be  appointed  by  the  governor,  and 
we  don't  want  to  put  the  control  in  the  hands  of  the  governor. 
I  think  the  proposition  is  just  right  as  it  is,  and  will  serve 
the  state  in  the  best  w^ay. 
.    Mr.  CHAPLIN.    I  move  to  strike  out  the  last  sentence. 

Mr.  CHAIRMAN.  Gentlemen,  you  have  heard  the  motion 
to  strike  out  the  last  sentence.  All  in  favor  of  the  motion  will 
say  aye;  contrary  no.  The  ayes  have  it;  the  motion  is  carried. 

Mr.  BAXTER.  I  voted  in  the  affimative  to  strike  out  the 
number  "seven,"  so  I  believe  I  am  in  a  position,  to  move  a  re- 
consideration. If  some  gentleman  would  Be  kind  enough  to 
second  the  motion  I  will,  I  believe,  be  able  to  show  why  it 
should  be  fixed  at  a  much  larger  number.  I  formerly  lived  in 
a  section  where  the  university  that  was  handsomely  endowed 
was  almost  broken  down  by  being  without  sufficient  trustees 
or  regents,  as  they  call  them  there,  and  it  finally  got  to  a  pass 
so  that  the  legislature  had  to  increase  that  number  to  twenty 
or  twenty-five,  and 'it  came  about  in  this  way.  There  it  just 
happened  that  the  men  who  were  filling  these  positions  had 
somebody  that  had  to  have  a  living  (and  while  it  is  not  fair  to 
suppose  that  such  a  condition  of  affairs  is  going  to  come  about 
here,  or  that  our  trustees  will  be  governed  by  any  such  con- 
siderations), I  know  that  in  the  university  of  Tennessee  it  did 
come  about,  a  fewr  incompetents  were  placed  on  the  faculty 
because  of  the  relations  they  bore  to  the  board  of  trustees, 
and  the  university  lost  standing  which  it  took  twenty  years  to 


PROCEEDINGS  AND  DEBATES.  -745 

recover.  My  idea  is  this,  they  should  not  be  paid  anything, 
"but  that  they  should  meet  once  a  year  and  give  such  attention 
to  the  affairs  of  the  university  as  might  be  needed.  Leaving 
the  control  of  the  faculty  under  such  restrictions  as  they  might 
prescribe.  I  believe  if  you  are  going  to  fix  the  number  at  all, 
you  should  fix  it  much  larger.  I  don't  see  why  the  ordinary 
routine  of  the  university  should  not  be  left  to  this  faculty. 

Mr.  BROWN.  I  want  to  make  a  suggest  ton  to  those  who 
have  tliis  matter  in  charge.  My  idea  of  this  whole  business  is 
this.  That  the  financial  affairs  of  the  university  ought  to  be 
undor  the  control  of  a  board  of  trustees,  and  their  entire  du- 
ties and  connection  with  the  university  should  be  limited  to  the 
care  of  its  property,  and  its  financial  affairs.  That  there 
should  be  constituted,  outside  of  the  board  of  trustees,  a  board 
of  regents,  whose  duty  it  should  be  to  generally  look  after  the 
welfare  of  the  university  as  an  institution  of  learning,  and 
•controlling  its  corps  of  principals,  and  all  that  sort  of  thing. 
That  should  be  their  part  of  the  work,  and  they  should  not  be 
controlled  by  the  board  of  trustees. 

Mr.  BAXTER.  I  would  suggest  that  instead  of  having  twu 
boards,  that  you  have  a  larger  board  of  trustees,  and  they 
might  designate  an  executive  committee  out  of  their  owa  num- 
ber, and  delegate  to  them  certain  powers. 

Mr.  COFFEEN.  In  lieu  of  the  recommendations  that  have 
beon  presented,  I  move  after  the  words  "consisting  of  be  in- 
serted the  words  "not  less  than." 

Mr.  RINER.  I  move  that  this  committee  rise  and  report 
and  asl>;  leave  to  sit  again. 

Mr.  CHAIRMAN.    Gentlemen,  you  have  heard  the  motion. 
Are  you  ready  for  the  question?    All  in  favor  of  the  motion 
that  this  committee  now  rise  and  report  will  say  aye;  con- 
trary no.    The  ayes  have  it;  the  committee  will  now  rise. 
Mr.  President: 

Your  committee  of  the  whole,  having  had  undor  considera- 
tion substitute  for  Files  50,  28  and  8,  report  progress  and  ask 
leave  to  sit  again. 

H.  S.  ELLJOTT,  Chairman. 

Mr.  PRESIDENT.  What  will  you  do  with  the  report  of 
TOUT  committee,  gentleman? 

Mr.  TUJRRITT.    I  move  it  be  adopted. 

Mr.  PRESIDENT.  Gentlemen,  you  have  heard  the  motion. 
Are  you  ready  for  the  question?  All  in  favor  of  the  motion 
-will  say  aye;  contrary  no.  The  ayes  have  it;  the  report  of  the 
•committee  of  the  whole  is  adopted. 

Mr.  RINER.    I  move  AVC  take  a  recss  until  2  o'clock. 

Mr.  PRESIDENT.  Gentlemen,  you  have  heard  the  motion. 
Are  you  ready  for  the  question?  All  in  favor  of  the  motion 
will  say  aye ;  contrary  no.  The  ayes  have  it ;  the  convention 
take  a  recess  until  2  o'clock. 


746 


CONSTITUTIONAL  CONVENTION. 


AFTERNOON  SESSION. 


Thursday  afternoon,  Sept.  2(>th. 

'Mr.  CHAIRMAN.  The  gentlemen  of  the  convention  win 
resume  their  seats.  At  the  hour  of  adjournment  we  \vere  con- 
sidering the  general  file.  The  action  of  the  convention  upon 
the  report  of^the  committee  was  to  the  effect  that  we  would 
be  permitted  to  sit  again  on  the  file. 

Mr.  HAY.  I  have  a  report  which  I  want  to  present;  a  re- 
port of  Committee  No.  15. 

Mr.  FOX.  \L  move  we  now  go  into  committee  of  the  whole 
for  consideration  of  the  general  file. 

Mr.  HOYT.    Second  the  motion. 

Mr.  PRESIDENT.  It  is  moved  that  we  now  go  into  com- 
mittee of  the  whole  for  consideration  of  the  general  file.  Are 
you  ready  for  the  question?  All  in  favor  of  the  motion  will 
say  aye;  contrary  no.  The  ayes  have  it;  the  motion  prevails. 
Will  Mr.  Elliott  take  the  chair?  Gentlemen,  w^e  are  now  in 
committee  of  the  \vhole,  Mr.  Elliott  in  the  chair. 

Mr.  CHAIRMAN.  When  the  committee  arose,  gentle- 
men, it  was  on  the  point  of  considering  the  motion  of  the  gen- 
tleman from  Laramie,  Mr.  Baxtefr,  to  reconsider  the  vote  by 
your  committee,  on  the  motion  to  strike  out  "consisting  of  sev- 
en members."  Shall  the  vote  by  which  the  committee  refused 
to  strike  out  be  reconsidered?  As  many  as  favor  the  motion 
will  say  aye;  contrary  no.  The  noes  ha,ve  it;  the  motion  is  lost. 

Mr.  COFFEEN.  I  will  now  offer  the  amendment  that  1 
did  heretofore  "consisting  of  not  less  than." 

Mr.  HOYT.  I  have  a  suggestion  to  make  which  might  be 
taken  into  consideration  with  that;  to  add  after  the  word 
"members,"  who  shall  have  authority  to  appoint  an  executive 
committee  of  their  own  number  to  have  charge  of  the  univer- 
sity." If  the  legislature  saw  fit  to  enlarge  the  number  it  would 
be  unnecessary  to  have  any  executive  committee. 

Mr.  CHAIRMAN.  Gentjemen,  it  is  moved  to  insert  be- 
tween the  words  "of"  and  "seven"  the  words  "not  less  than."" 
Are  you  ready  for  the  question?  All  in  favor  of  the  amend- 
ment will  say  aye;  contrary  no.  The  ayes  have  it;  the  motion 
prevails. 

Mr.  COFFEEN.  I  just  wish  to  make  one  general  comment. 
I  believe  that  power  is  held  now  by  the  board  to  authorize  a 
certain  portion  of  it  to  act  for  it. 

Mr.  HAY.  d  want  to  ask  the  indulgence  of  the  committee* 
just  a  moment.  Committee  No.  15,  on  salaries  of  public  offi- 
cers, want  to  make  a  report,  and  would  like  to  have  it  print- 
ed, so  it  can  come  before  the  convention  tomorrow. 

Mr.  RINER.  I  move  that  this  committee  rise  and  report 
progress  and  ask  leave  to  sit  again. 


PROCEEDINGS  AND  DEBATES.  747 

Mr.  CHAIRMAN.    Gentlemen,  you  have  heard  the  motion. 
Are  .you  ready  for  the  question?    All  in  favor  of  the  motion 
will  say  aye;  contrary  no.    The  ayes  have  it;  the  motion  pre- 
vails.   The  committee  will  now  rise. 
Mr.  President: 

Your  committee  of  the  whole,  having  under  consideration 

substitute  for  Files  No ,  report  progress  and 

beg  leave  to  sit  again. 

H.  S.  ELLIOTT,  Chairman. 

Mr.  PRESIDENT.  What  will  you  do  with  the  report  of 
your  committee,  gentlemen? 

Mr.  COFFEEN.    I  move  the  report  be  adopted. 

Mr.  PRESIDENT.  It  is  moved  that  the  report  be  adopted. 
All  in  favor  of  the  motion  will  say  aye;  contrary  no.  The  ayes 
have  it;  the  report  is  adopted. 

Mr.  HAY.  I  should  have  included  this  motion  to  print, 
when  I  asked  permission  to  present  the  report  before. 

Mr.  PRESIDENT.  Is  there  objection  to  the  report  being 
received  at  this  time?  The  chair  hears  none.  The  secretary 
will  road  the  report. 

(Reading  of  report  of  committee  No.  15.) 

Mr.  PRESIDENT.  What  will  you  do  with  the  report  of 
your  committee,  gentlemen? 

Mr.  GRANT.  I  understand  there  is  a  minority  report.  1 
move  that  both  be  ordered  printed. 

Mr.  PRESIDENT.  The  question  is  on  the  printing  of  the 
majority  and  minority  reports  of  Committee  No.  15.  Are  you 
ready  for  the  question?  All  in  favor  of  the  motion  will  say 
aye;  contrary  no.  The  ayes  have  it;  the  motion  to  print  pre- 
vails. Any  further  reports? 

Mr.  FOX.  I  move  we  now  go  into  committee  of  the  whole 
f«r  consideration  of  the  general  file. 

Mr.  PRESIDENT.  The  convention,  unless  there  is  objec- 
tion, will  go  into  committee  of  the  whole  by  unanimous  con- 
'sent,  for  consideration  of  the  general  file,  Mr.  Elliott  in  the 
chair. 

Mr.  BROWN.  In  looking  at  this  section  I  find  the  follow- 
ing words:  "The  duties  and  powers  of  the  trustees  shall  be 
prescribed  by  law."  This  leaves  it  for  The  legislature  to  limit 
their  powers,  to  increase  them,  or  anything  else,  and  covers 
entirely  the  proposition  which  Governor  Hovt  was  about  to 
offer. 

Mr.  CHAIRMAN.  If  there  is  no  objection  the  amendment 
will  be  withdraw]i. 

Mr.  BROWN.  J  move  to  strike  out  all  of  the  words  of  the 
section  after  the  word  "senate''  in  the  sixth  line. 

Mr.  BURRITT.    Second  the  motion. 

Mr.  CHAIRMAN.  It  is  moved  to  strike  out  the  words 
"whose  duties  and  powers"  shall  be  prescribed  by  law.  All 


74s 


CONSTITUTIONAL  CONVENTION. 


in  favor  of  the  motion  will  say  aye;  contrary  no.  The  ayes 
have  it;  the  motion  to  amend  prevails.  Any  further  amend- 
ments to  Sec.  17?  If  not  Sec.  18  will  be  read. 

(Reading  of  Sec.  18.) 

Mr.  FOX.  I  move  to  amend  by  striking  out  all  after  the 
word  "prescribe"  in  the  third  line. 

Mr.  HARVEY.    Second  the  motion. 

Mr.  HOYT.  This  provision  was  incorporated  by  the  busi- 
ness members  of  the  committee,  who  had  knowledge  of  insti- 
tutions of  just  this  kind,  which  have  been  managed  in  like 
manner  with  very  great  economy.  These  institutions  often 
cost  a  great  deal,  on  account  of  the  expense  attending  the 
management  of  them,  by  separate  trustees.  We  are  going  to 
have  a  penitentiary  and  deaf  and  dumb  asylum,  and  they  will 
involve  a  large,  expensive  management,  and  we  must  think 
of  these  things.  There  are  always  unselfish  persons  ready  to 
give  their  services  to  the  state,  and  wrho  devote  a  good  deal  of 
time  to  it,  and  can  be  retained  from  time  to  time.  This  has 
been  done  very  successfully  in  other  states  and  I  think  it  would 
be  well  to  put  this  in. 

Mr.  CHAIRMAN.  Are  you  ready  for  the  question?  All 
in  favor  of  the  motion  to  strike  out  will  say  aye;  contrary  no. 
The  noes  have  it;  the  motion  to  strike  out  is  lost. 

Mr.  JOHNSTON.  I  move  to  strike  out  all  after  the  words 
"and  reform"  in  the  fourth  line,  leaving  it  to  the  legislature 
to  designate  the  number,  and  leave  the  last  line  in,  "and  whose 
duties  and  powers  shall  be  prescribed  by  law." 

Mr.  CHAIRMAN.  Oentlemen,  you  have  heard  the  motion. 
Are  you  ready  for  the  question?  All  in  favor  of  the  motion 
will  say  aye;  contrary  no.  The  ayes  have  it;  the  motion  to 
strike  out  prevails. 

(Reading  of  Sec.  2.) 

Mr.  FOX.  I  move  to  strike  out  the  words  "in  Sec.  1"  and 
insert  "in  the  preceding  section." 

Mr.  GRANT.  That  is  a  matter  for  the  revision  committee 
to  fix. 

Mr.  COFFEEN.  Jf  there  is  no  objection  I  move  to  strike 
out  in  line  five  the  words  "Sec.  1"  and  insert  in  lieu  thereot 
•"the  next  preceding  section.' 

Mr.  HOPKINS.  I  move  to  amend  by  saying  the  "last  pre- 
ceding section." 

Mr.  CHAIRMAN.  Gentlemen,  you  have  heard  the  motion. 
Are  you  ready  for  the  Question?  All  in  favor  of  the  motion 
i\ill  say  aye;  contrary  no.  The  ayes  have  it;  the  motion  pre- 
vails. 

(Reading  of  Sec.  1,  health  and  public  morals.) 

Mr.  CHAIRMAN.    Any  amendments  to  the  section  as  read? 

Mi\  CAMPBELL.  I  think  the  first  part  of  this  is  merely 
introductory,  and  I  therefore  move  to  strike  it  out. 


PROCEEDINGS  AND  DEBATES. 

Mr.  HOYT.  It  was  thought  that  it  might  be  well  to  put 
that  in,  it  gives  a  high  moral  tone  to  it,  and  there  is  no  harm 
in  it. 

Mr.  CHAIRMAN.  Is  there  a  second  to  the  motion  to  strike 
out?  The  chair  hears  none. 

(.Reading  of  Sec.  1,  public  buildings.) 

Mr.  GRANT.    I  move  to  insert  "and  other  property." 

Mr.  CHAIRMAN.  Gentlemen,  you  have  heard  the  motion. 
Are  you  ready  for  the  question?  All  in  favor  of  the  motion 
will  say  aye;  contrary  no.  The  ayes  have  it;  the  motion  to  in- 
sert prevails. 

(Reading  of  Sec.  2.) 

Mr.  CHAIRMAN.    Any  amendments  to  Sec.  2? 

Mr.  FOX.  I  move  when  this  committee  arise  it  report 
back  the  substitute  for  Files  59,  28  and  8,  with  the  recomi'ien- 
dation  that  it  do  pass. 

Mr.  CHAIRMAN.  Gentlemen,  you  have  heard  the  motion. 
Are  you  ready  for  the  question?  All  in  favor  of  the  motion 
that  when  this  committee  arise  it  report  back  the  substi- 
tute for  Files  59,  28  and  8,  with  the  recommendation  that  it 
bo  adopted  as  a  part  of  the  constitution  of  the  state,  will  say 
aye;  contrary  no.  The  ayes  have  it;  the  motion  prevails. 

The  next  thing  on  the  general  file  is  File  No.  8<>,  public 
lands  and  donations. 

(Reading  of  File  86.) 

Mr.  COFFEEN.  This  I  think  cannot  be  too  carefully  con- 
sidered, and  in  order  to  get  it  before  the  committee  I  will  offer 
an  amendment.  In  line  five  after  the  word  ''donations"  insert 
the  words  "after  the  expiration  of  fifteen  years,"  and  change 
the  word  "shall"  to  "may." 

Mr.  TESCHEMACHER.     Second  the  motion. 

Mr.  CU AIRMAN.  Gentlemen,  you  have  heard  the  motion. 
Are  you  ready  for  the  question? 

Mr.  COFFEEN.  I  don't  wish  to  discuss  this  question.  I 
fear  too  little  thought  has  been  given  to  it,  and  I  do  not  know 
that  my  amendment  will  cany,  but  I  believe  it  is  wisest  to 
withold.  these  lands  from  sale.  For  myself,  I  am  convinced 
it  will  be  better  to  hold  them  perpetually,  but  they  should  be 
held  at  least  for  fifteen  years,  and  I  believe  the  soundness  of 
my  amendment  will  be  vindicated  by  that  time.  I  see  no  rea- 
son why  lands  which  will  become  valuable  in  the  future  should 
be  disposed  of  by  the  state,  when  the  rental  will  amount  to 
more  than  the  proceeds  from  the  sale  af  these  lands.  I  know 
it  is  argued  that  it  sometimes  becomes  a  matter  of  great  com- 
plication to  take  care  of  the  lands  of  the  state,  and  yet  in  more 
states  than  one  think  of  the  jrreat  revenues  that  are  derived 
from  the  reserved  lands  of  the  statfe.  In  the  state  of  New 
York  they  derive  an  immense  revenue  from  thorn,  it  requires  a 
jrreat  number  of  men  to  take  care  of  them.  Let  us  consider 


CONSTITUTIONAL  CONVENTION. 

this  matter  carefully,  in  fifteen  years  these  lands  will  be  worth 
much  more  than  they  are  today,  and  by  that  time  it  may  be 
found  advisable  to  preserve  these  lands  in  perpetuity,  and  de- 
rive an  income  from  them, 

Mr.  CHAIRMAN.    Any  further  remarks? 

Mr.  FOX.    Mr.  Chairman. 

Mr.  CHAIRMAN.     The  gentleman  from  Albany,  Mr.  Fox. 

Mr.  FOX.  The  committee  on  public  lands  considered  this 
Question,  but  there  are  some  reasons  why  it  should  not  be 
adopted.  There  is  a  proposition  in  this  senate  bill  that  we 
will  come  in  under,  that  gives  us  certain  lands  for  a  certain 
purpose,  and  among  these  lands  is  one  hundred  thousand  acres 
for  a  scientific  school,  a  hundred  thousand  acres  for  state 
normal  schools,  and  a  certain  amount  for  penal  and  reforma- 
tory institutions,  such  as  the  state  may  soe  fit  to  establish.. 
It  may  be  necessary  that  we  should  derive  the  proceeds  from 
the  sale  of  these  lands  for  these  institutions.  Amongst  these 
are  seventy-five  sections  of  land  for  the  erection  of  a  state  cap- 
itol, that  can  be  applied  in  case  we  should  need  to  build  a  new 
capitol  in  years  to  come  and  we  won't  need  these  lands  after 
the  capitol  is  ibuilt.  We  will  need  them  in  the  erection  of 
the  capitol.  For  some  of  the  other  institutions  we  might  need 
the  money  inside  of  fifteen  years,  and  if  that  can  be  raised  in- 
side of  that  tune,  I  think  that  is  the  way  to  raise  it.  I  think  it 
is  not  best  to  put  this  limitation  upon  it, 

Mr.  JOHNSTON.  Do  I  understand  that  this  amendment 
would  apply  to  the  grants  of  arid  lands  to  the  state,  if  they 
should  be  made? 

Mr.  FOX.  "To  the  state  of  Wyoming.  For  the  establish- 
ment and  maintenance  of  a  scientific  school,  one  hundred  thous- 
and acres;  for  state  normal  schools,  one  hundred  thousand 
acres;  for  state  charitable,  educational  and  penal  and  reform- 
atory institutions,  three  hundred  thousand  acres.  None  of 
the  lands  granted  by  this  act  shall  be  sold  for  less  than  ten  dol- 
lars per  acre."  Now  then,  these  institutions,  as  I  said  before, 
we  might  build  them  inside  of  fifteen  years.  In  fifteen  years 
most  of  us  will  have  passed  from  earth.  I  don't  expert  to  be 
here  by  that  time,  and  while  we  are  making  provisions  for  our 
posterity,  if  we  can  enjoy  a  little  of  it  ourselves,  let  us  have  it. 
I  tlhink  the  section  as  it  is  drawn  up  is  better  suited  to  the 
case  than  the  amendment. 

Mr.  HOPKINS.  It  strikes  me  there  is  little  necessity  for 
limitation  as  to  time  in  this  section  of  the  bill.  I  believe  that 
the  price  mentioned  is  sufficient.  That  must  be  the  lowest 
price,  and  I  don't  think  there  is  much  danger  of  their  selling 
ever. 

Mr.  HOYT.    I  suppose  it  might  be  possible  to  induce  con- 
gress to  change  that;  reduce  it  so  as  to  allow  a  sale  at  less 
than  ten  dollars.     While  I  agree  with  the  gentleman  from 


PROCEEDINGS  AND  DEBATES.  751 

Shqridan  as  to  the  importance  and  our  duty  to  preserve  and 
protect  these  lands  intended  for  educational  purposes  so  as  to 
get  the  largest  proceeds  out  of  them,  but  it  might  be  necessary 
in  certain  cases,  as  has  been  referred  to,  that;  the  lands  so  in- 
tended to  be  used,  be  sold  and  the  proceeds  applied  to  the  con- 
struction of  buildings.  We  should  leave  it  so  they  can  be  dis- 
posed of  if  necessary.  If  it  is  found  to  be  impossible  to  dispose 
of  them  at  ten  dollars  an  acre,  congress  might  allow  us  to  dis- 
pose of  them  for  less  than  the  price  fixed.  The  price  may  be 
changed  or  diminished  at  some  time  in  the  future  if  there 
should  be  sufficient  reason  for  it.  But  1he  lauds  intended  for 
the  support  of  the  -common  and  public  schools  and  of  the  in- 
stitutions of  learning,  should  be  very  carefully  handled  by  the 
state,  and  kept  from  sale  as  long  as  possible.  I  know  in  my 
own  state  of  Wisconsin  240,000  acres  of  land  were  given  to 
that  state  for  an  agricultural  college,  and  the  legislature  be- 
ing anxious  to  speculate  to  some  extent  upon  these  lands,  pro- 
vided that  they  be  put  upon  the  market,  and  land  worth  fifty 
dollars  an  acre  for  the  pine  timber  standing  upon  it,  was  sold 
fo^  $1.25  an  acre,  and  gobbled  up,  much  of  it,  by  the  very  mem- 
bers who  provided  for  the  sale.  We  want  to  be  very  careful 
about  this  matter. 

Mr.  JEFFREY.  I  want  to  vote  understanding^  upon  this 
question,  and  I  presume  it  is  the  intention  of  this  convention 
to  proceed  in  all  respects  as  far  as  possible  in  conformity  with 
this  senate  bill,  and  I  would  like  to  ask  one  question.  (I  would 
like  to  know  whether  this  convention  can  properly  be  consid- 
ered a,s  part  of  the  legislature  of  this  state,  and  for  this  reason. 
Sec.  15  reads :  "That  the  state  of  Wyoming  shall  not  be  entitl- 
ed to  any  further  or  other  grants  of  land  for  any  purpose  than 
as  expressly  provided  in  this  act.  And  the  lands  granted  by 
this  section  shall  be  held,  appropriated  and  disposed  of  ex- 
clusively for  the  purposes  herein  mentioned,  in  such  manner  as 
the  legislature  of  the  state  may  provide."  I  want  to  be  clear 
upon  that  point,  so  I  may  vote  understandingly  upon  this 
question. 

Mr.  MORGAN.  I  think  I  understand  that.  This  conven- 
tion can  restrict  the  legislature,  can  prevent  future  legisla- 
tures from  doing  certain  things.  There  is  no  difficulty  about 
that. 

Mr.  OOFFEEN.  I  think  the  gentleman  from  Ln ramie  has 
properly  istated  the  matter  we  are  now  discussing.  There 
is  no  question  in  nay  mind  ibut  what  this  motion  to  amend  is 
consistent  with  the  bill.  The  legislative  powers  are  determin- 
£n  all  states  by  the  constitution.  But  I  want  to  say  a,  word 
further.  I  really  believe  if  you  had  time  to  think  over  this, 
if  it  were  not  for  the  rush  we  are  now  in  to  get  through,  that 
three-fourths  of  the  members  of  this  convention  would  be  con- 
vinced of  the  wisdom  of  securing  them  at  least  as  long  as  fif- 


752 


CONSTITUTIONAL  CONVENTION 


teen  years,  and  by  that  time  we  will  know  whether  wo  will 
want  to  dispose  of  them  tfr  not. 

Mr.  MORGAN.  It  seems  to  me  that  it  would  be  the  better 
plan  to  divide  these  lands,  and  sell  pail  of  them  niy,v,  and  re- 
serve the  other  part. 

Mr.  COFFEEN.  I  have  thought  of  that.  We  might  have  a 
small  per  cent  of  them  sold.  Five  hundred  thousand  acres  are 
to  be  given  to  us  in  those  grants.  We  will  have  an  agricultural 
college  somewhere  in  the  territory,  and  we  shall  have  to  have 
buildings  for  that,  and  a  portion  of  these  lands  would  have  to 
be  sold  for  that  purpose,  but  let  us  preserve  a  largo  portion  ot 
these  lands  at  least,  properly  preserve  them,  and  the  income  of 
which  shall  go  to  the  support  of  these  institutions.  I  appre- 
hend that  it  is  not  the  dejsire  of  this  convention  to  throw  them 
onto  the  market  hastily  and  to  rid  ourselves  of  them.  One 
point  further,  though  I  do  not  care  to  raise  it,  the  temptation 
that  might  come  to  the  legislature,  and  because  I  speak  upon 
these  things  I  do  not  wish  anyone  to  think  that  I  have  lost 
confidence  in  our  legislature,  because  I  have  not,  but  the  object 
of  my  bringing  these  things  up  is  to  make  safeguards  on  behaif 
of  the  people,  and  one  of  the  best,  safeguards  would  be  to  pre- 
vent them  from  selling  these  lands  for  a  term  of  fifteen  years. 

Mr.  TESCHEMACHER.  Let  us  look  at  this  from  a'  busi- 
ness point  of  view.  How  much  of  this  land  that  we  are  going 
to  get  would  we  refuse  ten  dollars  for  today? 

Mr.  HAY.  I  am  opposed  to  any  limit}  hejre,  and  I  think 
if  there  ever  comes  a  time  when  these  lands  can  be  sold  for 
ten  dollars  they  ought  to  be  sold.  There  may  come  a  time  when 
we  can't  get  ten  cents  an  acre  for  them.  If  there  comes  a  tune 
when  they  can  be  sold  for  ten  dollars  they  ought  to  be  sold. 

Mr,  COFFEEN.  I  don't  wish  to  discuss  this  question  any 
further  than  to  ask  will  the  lands  granted  to  the  territory 
ever  bring  more  than  ten  dollars? 

Mr.  BURRITT.  If  he  can  pick  out  one  section  on  the  pub- 
lic land  grant  that  would  bring  ten  dollars  an  acre  I  would 
like  to  see  it. 

Mr.  CAMPBELL.  If  these  lands  are  sold  for  ten  dollars 
an  acre  the  man  would  have  a  good  suit  against  the  state  on 
the  ground  of  false  representation  as  to  their  value. 

Mr.  SMITH.  I  know  of  some  lands  that  I  would  like  to 
bu;,r  for  one  hundred  dollars  an  acre. 

Mr.  CHAIRMAN.  The  question  is  on  the  motion  to  insert 
before  the  word  "such"  the  words  "after  fifteen  years.''  All 
in  favor  of  the  amendment  will  say  aye;  contrary  no.  The  noes 
have  it;  the  motion  is  lost. 

The  question  is  now  on  the  motion  to  strike  out  the  word 
"shall"  and  insert  the  word  "may."  Are  you  ready  for  the 
question?  All  in  favor  of  the  motion  will  say  aye;  contrary 
no.  The  noes  have  it;  the,  motion  is  lost. 


PROCEEDINGS  AND  DEBATES.  753 

Mr.  CLARK.  I  have  an  amendment  which  I  wish  to  offer 
to  this  section.  That  would  more  properly  come  in  two 
amendments,  and  I  want  to  state  the  object  of  the  amend- 
ments before  offering  them.  In  the  western  part  of  the  terri- 
tory a  greait;  many  people  have  settled  on  these  school  lands, 
in  some  easels  long  before  the  government  surveys  were  run. 
They1  live  there  and  they  own  improvements,  on  the  land,  and 
this  amendment  is  offered  for  the  protection  of  those  who 
have  made  actual  settlement  and  improvements  upon  these 
school  lands,  and  is  for  the  purpose  of  giving  them  a  previous 
right  to  purchase.  The  amendment  is  this,  and  I  offer  the  two 
as  one:  To  insert  after  the  word  "bidder"  in  the  sixth  line  the 
following:  "After  having  been  duly  appraised  by  the  land  com- 
missioners at  not  less  than  three-fourths  of  the  appraised 
value  thereof."  And  after  the  word  "acre"  in  the  seventh  line 
"provided,  that  in  case  of  actual  and  boda  fide  settlement  and 
improvement  thereon  at  the  time  of  the  adoption  of  this  con- 
stitution, such  actual  settler  shall  have  the  preference  right 
to  purchase  the  land  whereon  he  may  have  settled,  not  ex- 
ceeding  160  acres,  at  a  sum  not  less  than  the  appraised  value 
thereof,  and  in  making  such  appraisement  the  value  of  the 
improvements  shall  not  be  taken  into  consideration."  I  will 
state  that  I  am  not  at  all  particular  what  course  is  .taken  to 
arrive  at  this  rejsult,  but  I  believe  the  result  sought  is  a  just 
one,  and  sthould  be  placed  in  here  in  some  way  in  regard  to, 
the  regulations  of  the  sale  of  public  lands. 

Mr.  CHAIRMAN.  Gentlemen,  you  have  heard  the  amend- 
ment. Are  you  ready  for  the  question?  All  in  favor  of  the 
amendment  will  say  aye;  contrary  no.  The  ayes  have  it;  tKe- 
amendment  is  adopted. 

The  question  is  now  on  the  latter  part  of  the  amendment 
offered  by  Mr.  Clark.  Are,  you  ready  for  the  question? 

Mr.  SMITH.  I  don't  know  as  I  quite  caught  the  amend- 
ment when  it  was  read,  but  I  don't  think  it  covers  the  ground. 
They  should  have  the  right  to  purchase  immediately  after  the 
adoption  of  this  constitution. 

Mr.  CLARK.  I  go  on  the  principle,  Mr.  Chairman,  that  not 
an  acre  of  this  land  ought  to  be  sold  without  an  appraisement 
by  the  properly  constituted  authorities  of  some  kind.  Xo 
man,  or  body  of  men,  ought  to  be  allowed  to  sell  these  lands 
before  they  have  been  apprised,  and  j[  judged,  on  writing  the 
amendment  hurriedly,  that  the  proper  persons  to  make  this  ap- 
praisement would  be  the  land  commissioners,  and  if  made  and 
honestly  made,  then  not  an  acre  of  the  land  ought  to  be  sold 
for  less  than  three-fourths  of  the  appraised  value,  no  matter 
whether  it  is  worth  five  or  ten,  or  five  thousand  dollars  an 
acre,  as  it  might  be  in  Rawlins,  at  least  three-fourths  of  the 
value  ought  to  be  realized,  and  I  went  on  the  assumption  that 
many  bona  fide  settlers,  and  they  should  be  given  the  prefer- 

* — 48 


754  •          CONSTITUTIONAL  CONVENTION. 

ence  right  to  buy,  but  they  should  not  be  given  the  right  to 
purchase  at  less  than  three-fourths  of  the  appraised  valua- 
tion, if  it  should  be  appraised  they  would  probably  be  glad  to 
pay  the  full  value  of  the  land.  The  intention  of  it  is  they  can 
buy  it  at  auction  or  private  sale  either. 

Mr.  GRANT.  I  am  heartily  insympathy  with  Mr.  Clark's 
proposition.  In  making-  rules  for  the  leasing  of  school  lands 
we  attempted  in  that  to  protect  the  settlers  by  giving  them  the 
preference,  and  I  would  like  to  see  this  carried  out,  so  they  can 
be  fully  protected,  if  we  can  get  at  it  in  the  proper  way.  Gen- 
erally the  man  who  settles  on  the  school  section  is  a  poor  man. 
He  can  afford  to  pay  what  the  land  is  actually  worth.  The 
man  who  has  land  all  around  him  may  be  able  to  pay  for  the 
pake  of  that  land  three  times  the  value  of  the  land,  and  what 
it  is  worth,  and  thus'  freeze  out  the  poor  settler,  or  the  man 
who  has  made  a  home. 

Mr.  TESOHEMACHER  I  only  wish  to  show  from  my  own 
personal  knowledge  how  this  would  work.  Before  this  terri- 
tory was  organized  and  before  the  land  was  surveyed  at  all, 
Mr.  Hunton,  an  old  resident  of  this  territory,  took  up  a  home- 
stead claim  on  the  Chug.  When  the  land  was  surveyed  his 
claim  was  found  to  be  on  Sec.  16,  consequently  it  was  school 
land.  Mr.  Hunton  went  to  the  land  office  and  asked  them 
if  they  would  not  allow  him,  under  the  law,  to  re- 
linquish that  homestead  and  take  up  another.  They  re- 
fused to  do  it,  having  no  right  in  the  premises,  they  could  not 
do  it,  so  Mr.  Hunton  kept  the  land.  He  put  his  improvements 
there,  he  built  his  house  there,  and  he  lived  there  for  ten  or 
twelve  years.  The  land  on  the  Chugwater  has  increased  some- 
what in  value,  and  it  has  become  quite  a  valuable  place. 
When  the  government  gave  the  right  to  lease  these  lands  the 
county  commissioners  fixed  the  value  of  the  land  at  thirty  dol- 
lars an  acre,  which  Mr.  Hunton  had  to  pay.  He  had  his  home 
there,  he  had  built  a  fine  house,  and  a  fine  stable,  and  ditches 
and  improvements  that  had  cost  him  his  money,  and  it  does 
not  seem  to  me  fair.  That  is  a  case  that  occurred  in  my  own 
experience,  and  it  might  have  occurred  to  a  great  many  old 
settlers  here,  and  although  I  understand  that  Mr.  Grant  wfll 
say  this  does  not  apply  to  school  sections  at  all,  it  does  not 
matter  a  bit  in  the  application  of  the  argument  Some  poor 
man  today  may  have  settled  on  unsurveyed  land,  may  have  set- 
tled on  capitol  building  lands,  or  the  other  buildings  they 
have  appropriated  land  for,  and  it  does  not  seem  just  that  that 
man  should  be  obliged  to  pay  more  than  the  actual  value  of 
the  land.  He  has  put  in  his  time,  his  money,  and  why  should 
another  man  come  in  and  buy  up  all  his  improvements  over  his 
head?  It  seems  to  mo  a  plain  case  of  injustice. 

Mr.  HOLDEN.    I  think  the  state  should  be  as  generous  in 
this  matter  as  the  United  States  has  been.    They  provide  by 


PROCEEDINGS  AND   DEBATES.  755 

law  where  a  party  settled  upon  unsurveyed  land  that  when 
this  land  shall  be  surveyed  that  the  man  who  settled  there  be- 
fore the  survey  shall  have  the  prior  right  to  buy.  jEn  that 
case  the  settler  has  ninety  days  to  perfect  his  entry,  and  it 
sedms  to  me  the  state  should  be  as  generous  as,  the  United 
.States  has  been.  Now,  I  know  myself  of  quite  a  number  of 
cases  where  parties  ha,ve  settled  on  school  lands,  sixteen  or 
thirty-six  years  ago.  They  have  made  valuable  improvements, 
some  of  them  are  of  a  character  they  could  not  remove,  ir- 
rigating ditches  for  instance,  and  it  seems  to  me  that  the  board 
of  appraisers  should  seek  to  make  the  value  of  these*  land$  so 
that  the  party  residing  there  should  have  the  prior  right  to 
buy  at  that  price.  It  would  be  an  injustice  to  deprive  these 
men  of  that  right. 

Mr.  HOYT.  It  is  very  dear  that  people  who  settle  before 
the  survey  is  made  should  be  protected,  but  I  think  under  the 
United  States  statutes  persons,  who  go  upon  the  school  lands 
are  treated  as  trespassers,  and  I  have  always  understood 
that  they  had  no  special  privileges.  I  am  told  that  wrhen  the 
lands  which  now  constitute  Indian  reservations  are  thrown 
open  for  sale  the  persons  occupying  them  have  no  privileges. 
I  think  there  should  be  a  distinction  between  those  who  \vent 
upon  the  lands  without  knowing  they  were  school  lands,  and 
those  who  knew  they  wrere.  I  think  that  the  state  is  bound  to 
"see  that  it  gets  the  most  it  can  out  of  these  lands,  but  I  think 
some  deference  should  be  paid  to  those  who  are  already  on 
them. 

Mr.  HOLDEN.  I  would  like  to  say  that  under  the  laws  of 
the  United  States  now  in  operation  our  territory  has  leased 
many  of  its  lands.  Many  parties  had  made  improvements  be- 
fore they  were  surveyed,  and  under  the  regulations  adopted 
"by  our  territorial  authorities,  the  preference  right  was  given 
to  those  who  had  occupied  those  lands  and  improved  thoon, 
and  now  believeing  that  they  would  have  the  prior  right  to 
"buy  secured  to  them,  they  have  gone  on  and  made  valuable  im- 
provements there.  Now  should  they  be  deprived  of  their  la- 
i>or  to  this  extent?  I  think  not.  They  have  leased  these  lands 
and  pay  all  that  the  county  commissioners  require  them  to  pay 
and  will  do  so  until  such  time  as  the  territory  will  permit  them 
to  buy  them. 

Mr.  CLARK.  I  just  want  to  say  a  few  words,  and  then  111 
promise  not  to  say  anything  more,  until  it  comes  to  a  vote. 
There  seems  to  be  some  misunderstanding  as  to  the  object  of 
this  appraisement.  The  object  of  this  is  to  cause  the  lands 
to  bring  a  higher  price.  In  the  absence  of  any  appraisement, 
as  this  se'ction  would  stand,  the  land's  could  be  sold  for  ten 
dollars.  It  would  be  a  very  easy  matter  for  three  of  four  men 
to  get  together  and  keep  the  price  of  the  land  down  to  ten 
dollars,  agreeing  that  none  shall  pay  more  than  ten  dollars, 


756  CONSTITUTIONAL  CONVENTION. 

one  to  take  his  piece  and  another  his,  and  the  school  fund  de- 
frauded, but  the  land  if  we  put  it  in  the  hands!  of  these  com- 
missioners to  appraise,  they  will  appraise  at  what  they  believe 
it  worth,  and  if  they  believe  it  worth  two  hundred  dollars  an 
acre,  it  cannot  be  sold  for  less  than  a  hundred  and  fifty  dol- 
lars an  acre.     This  appraisement  is  to  be  made  so  that  the 
land  will  bring  a  higher  price  than  it  would  have  otherwise 
done,  and  I  would  say  further  that  I  believe  a  man  who  goes 
upon  thirty-six,  or  upon  any  section  of  government  land,  and 
makes  himself  a  home  there  under  the  mistaken  idea  of  his 
rights,  even  though  he  be  a  trespasser,  is  entitled  to  some 
rights.    I  have  seen  a  great  deal  of  distress  and  wrong,  as  T 
consider  it,  done  within  the  last  year  «by  that  mistaken  idea. 
The  Union  Pacific  railroad  company  owns  a  great  deal  of  land 
near  Almy  and  Bear  River.    It  has  been  understood  and  given 
out,    not    by    the    railroad    authorities    themselves,    but    as 
a  matter  of  common  rumor  and  common  belief,  that  the  par- 
ties who  leased  that  land  in  yeans  gone  by  should  have  the 
first  right  to  purchase  it  at  an  ordinary  price,  when  the  Union 
Pacific  should  put  it  on  the  market.    There  was  no  authority 
for  that  statement,  the  officials!  of  the  Union  Pacific  railway 
company,  so  far  as  I  know,  never  said  that  that  should  be  so, 
but  it  was  generally  understood  among  the  people.    Now  this 
land  came  on  the  market,  and  what  was  the  result?    The  re- 
sult was  that  the  land  was  sold  in  townships.    A  man   had 
settled  upon  160  acres,  who  perhaps  had  been  paying  rent  for 
that  land,  and  had  improved  it,  and  made  two  spears  grow 
where  none  ever  grew  before.    He  could  not  afford  to  buy  a 
township  of  land,  but  the  rich  land  owner  was  the  man  who 
came  in  and  at  the  rate  of  one  dollar  and  a  quarter  bought  up 
a  whole  township  of  railroad  land,  became  possessed  of  this 
man's  improvements,  became  possessed  of  the  result  of  this 
labor  for  years,  and  there;  is  absolutely  no  redress  for  him. 
Now,  !he  had  no  right  perhaps  to  think  that  he  would  be  en- 
titled to  the  first  right  to  buy,  but  he  did  think  so,  and  he  im- 
proved the  land  in  good  faith,  with  the  intention  of  making  it 
a  home.    On  thirty-six  at  Almy,  a  portion  of  it  is  a  valuable 
section.    It  comes  right  up  close  against  thef  quarries,  and  the 
section  is  already  largely  built  upon  by  miners  and  those  con- 
nected with  the  mines,  and  why?     Because  it  was  the  only 
place  there  that  could  be  made  a  home*     The  Union  Pacific 
railroad,  or  the  Central  Pacific,  would  not  sell  them  a  lot  upon 
which  to  build  a  house,  or  a  cottage,  and  the  consequence  is 
that  thirty-six  and  a  portion  of  others  is  covered  over  with 
dwellings,  home,s  of  people  engaged  at  the  mines,  and  they 
have  improved  that  section,  and  a  portion  of  it,  the"  part  lying 
near  Bear  river,  is  quite  valuable,  I  am  informed  that  the 
county  commissioners  in  fixing  the  valuation  of  that,  fixed  it 
at  the  rate  of  two  hundred  dollars  an  acre,  because  it  is  cut  up 


PROCEEDINGS  AND  DEBATES.  757 

into  lots  of  one-quarter  pieces.  These  people  are  entitled  to 
some  rights,  and  they  are  entitled  to  some  protection.  If  tho 
land  is  worth  two  hundred  dollars  an  acre,  the  appraisers  will 
appraise  it  at  two  hundred  dollars  an  acre,  and  if  these  men 
want  to  purchase  their  homes  they  can  purchase  them  at  the 
rate  of  two  hundred  dollars  an  acre.  I  believe  that  the  amend- 
ment is  just  and  right;  I  believe  it  is  proper  and  I  think  it 
oitelit  iio  prevail. 

Mr.  SUTHERLAND.  I  am  in  favor  of  the  amendment.  It 
Is  generally  understood  by  these  people  who  have  settled  upon 
these  lands,  that  if  this  land  comes  to  the  state  they  will  have 
tlie  first  chance  to  buy  it,  and  if  the  land  is  appraised  I  am 
sure  it  will  give  general  satisfaction.  Mr.  Clark  says  there 
was  no  agreement  with  the  Union  Pacific  in  regard  to  its  land. 
There  was.  Walter  Singley,  who  was  managing  it,  made  an 
iigretpient  that  when  this  land  was  put  on  the  market  that 
each  of  the  settlers  should  have  the  preference  right  to  pur- 
chase, but  in  that  case  every  person  with  whom  I  am  ac- 
quainted, who  had  settled  o*n  school  lands,  really  understood 
when  we  become  a  state  he  will  get  the  preference  above  all 
others. 

Mr.  JOHNSTON.  When  the  United  States  survey  is  made 
il  belive  notice  is  given  that  section  sixteen  and  section  thirty- 
six  are  reserved,  for  the  purpose  of  creating  a  school  fund. 
I  think  that  that  reservation  of  these  sections  was  justly 
made.  That  it  was  with  the  intention  that  they  should  in- 
crease in  value  ,by  settlement  around  it,  and  I  believe  that  the 
school  fund  is  entitled  to  this  increase  in  value,  and  that  the 
lands  should  be  sold  to  the  highest  bidder. 

Mr.  GRANT.  That  will  probably  be  the  case  under  this, 
and  I  think  that  the  .settler  ought  to  be  protected,  and  I  think 
he  ought  to  have  the  preference,  and  at  an  appraised  valua- 
tion, on  three-fourths  of  it. 

Mr.  RUSSELL.  Unless  this  is  amended  for  our  protection, 
it  leaves  it  open  for  the  sacrifice  of  the  homes  and  dwellings 
of  over  fifty  of  our  citizens  in  our  town  who  have  built  on  a 
half  section  of  school  land.  I  myself  am  located  on  the  same 
piece  of  land,  that  is  where  we  have  built  our  homes,  our  cot- 
tages, and  our  dwellings  and  surroundings,  and  fifty  of  the 
workingmen  of  that  town  are  so  located.  The  county  commis- 
sioners went  to  work  and  offered  it  for  rent,  and  fixed  the  val- 
uation at  fifty  dollars  a  lot,  and  we  pay  that  rent  on  that  val- 
uation, at  the  present  time,  but  if  that  was  put  up  to  the 
highest  bidder,  a  speculator  might  come  in,  and  buy  up  all  that 
land,  and  then  if  he  wanted  to  mako  money  on  the  transac- 
tion, he  could  fix  the  rent  very  high,  not  because  of  the  value 
of  the  land,  but  because  of  the  fifty  houses  on  that  land,  and 
unless  we  came  to  his  terms  of  rent  we  would  have  to  move  off 
our  dwellings,  and  for  this  reason  we  would  be  compelled  to 


CONSTITUTIONAL  CONVENTION. 

pay  a  pretty  high  rent  rather  than  move  our  dwellings,  and  1 
think  we  should  be  protected  from  anything  of  this  kind  occur- 
ring. 

Mr.  POTTER.  The  same  thing  occurs  in  the  northwestern 
part  of  our  city.  There1  are  thirty  or  forty  people  located  on 
part  of  a  school  section  now. 

Mr.  CHAIRMAN.  The  question  is  on  the  amendment  of- 
fered by  the  gentleman  from  Uinta.  Are  you  ready  for  the) 
question?  All  in  favor  of  the  motion  will  say  aye;  contrary 
no.  The  ayes  have  it;  the  amendment  is  adopted. 

Mr.  BROWN.  Another  thing  that  ought  to  be  thought 
about.  Now  suppose  that  the  Tnited  States  donates  to  the 
state  a  large  amount  of  land  how  is  it  to  jbe  selected  ?  It  has 
occurred  to  me  that  we  ought  to  have  some  provision  in  this 
bill  providing  that  it  shall  be  selected  in  equal  proportions 
as  nearly  as  practicable  from  the  different  counties  of  the  ter- 
ritory, so  that  the  men  who  might  be  appointed  to  select 
this  land  could  not  select  it  all  in  one  place,  in  the  interest  of 
some  single  portion,  but  so  that  if  shall  be  distributed  around 
through  the  territory  generally.  There  ought  to  be  some  re- 
striction in  this  bill  to  prevent  them  getting  it  in  that  way. 

Mif.  HOYT.  It  is  for  our  interests  to  have  these  lands 
where  they  have  the  greatest  value,  regardless  of  the  portion 
of  the  territory  where  they  are  found.  The  university  lands 
have  been  selected  according  to  the  best  judgment  of  the  men 
appointed,  so  as  to  yield  the  largest  proceeds  to  the  university 
fund,  and  it  strikes  me  that  is  the  true  principle.  They  are  to 
be  located  in  the  interest  of  the  fund,  and  not  of  localities. 

(Reading  of  Sec.  2.) 

Mr.  SMITH.  I  move  to  strike  out  in  lines  five  and  six  the 
words  aand  for  the  erection  of  a  capitol  and  other  public  build- 
ings. Leave  that  out  and  let  the1  legislature  say  how  it  shall 
be  done. 

Mr.  CHAIRMAN.    The  motion  is  not  seconded. 

(Reading  of  Sec.  3.) 

Mr.  CHAIRMAN.     Any  amendment  to  Section  3? 

MR.  -SMITH.  I  move  to  strike  "judicial"  out  in  the  third 
line. 

Mr.  CAMPBELL.    Second  the  motion. 

Mr.  CHAIRMAN.  It  is  moved  tha  the  word  "judicial"  be 
stricken  out.  Are  you  ready  for  the  question?  All  in  favor  ot 
the  motion  will  say  aye;  contrary  no.  The  ayes  have  it;  the 
motion  to  strike  out  prevails. 

Mr.  BTJRRITT.  I  would  like  to  inquire  if  commencing  with 
the  defining  of  the  crime  of  embezzlement,  that  last  clause 
with  reference  to  evidence,  is  exactly  a  proper  one  in  there?" 
I  have  not  examined  it,  but  it  looks  to  me  as  if  it  goes  down 
into  the  laws  a  little  finer  than  a  constitutional  provision  re- 
auires. 


PROCEEDINGS  AND  DEBATES.  759 

Mr.  CHAIRMAN,  d  would  state  to  the  committee  that  as 
an  additional  suggestion  to  the  one  made  by  Mr.  Burrittt,  that 
another  portion  of  that  section  reading  "or  otherwise  than  in 
the  name  of  the  state  of  Wyoming,  or  shall  deposit  in  any 
banks  or  with  any  person  or  persons,"  and  other  portions  of 
the  section  also  oome  under  the  last  clause.  It  does  not  only 
refer  to  the  latter  part  of  it,  as  suggested  by  the  gentleman 
from  Johnson. 

Mr.  MORGAN.    I  move  to  strike  out  the  word  "suitable." 
Mr.  SMITH.    Second  the  motion. 

Mr.  CHAIRMAN.  It  is  moved  and  seconded  that  the  word 
"suitable"  between  "pass"  and  "laws"  be  stricken  out.  Are 
you  ready  for  the  question?  All  in  favor  of  the  motion  will 
say  aye;  contrary  no.  The  ayes  have  it;  the  motion  to  strike 
out  prevails. 

Mr.  HOYT.  I  move  to  strike  out  the  word  "charge"  and 
insert  "require,"  "shall  require." 

Mr.  CHAIKMAN.  jit  is  moved  to  strike  out  the  word 
"charge"  and  insert  the  word  "require."  Are  you  ready  for 
the  question?  All  in  favor  of  the  motion  will  say  aye;  con- 
trary no.  The  ayes  have  it;  the  motion  to  strike  out^and  in- 
sert prevails. 

Mi).  BURRITT.  I  move  to  strike  out  all  after  the  word 
"felony"  in  the  fifteenth  line.  It  strikes  me  it  is)  not  a  proper 
provision.  It  looks  a  great  deal  like!  the  old  proposition  of 
a  man  being  found  in  possession  of  an  animal  which  did  not 
belong  to  him,  it  was  found  with  another  man's  brand  upon 
it,  and  that  should  be  prima  facie  evidence  that  the  other 
man  stole  it.  I  see  no  reason  why  the  ordinary  rules  of  evi- 
dence should  be  changed  for  the  protection  of  this  fund.  That 
should  be  safe  enough  under  the  laws  that  have  stood  five  or 
six  hundred  years. 

M;r.  POTTER.  I  move  to  strike  out  all  ofter  the  word 
"thorn"  in  the  seventeenth  line. 

Mr.  CHAiERMAN.  It  is  moved  and  seconded  that  all  after 
the  word  "them"  in  the  seventeenth  line  be  stricken  out.  Are 
you  ready  for  the  question?  All  in  favor  of  the  motion  will 
say  aye;  contrary  no.  The  ayes  have  it;  the  motion  to  strike 
out  prevails. 

(Reading  of  Sec.  5.) 

Any  amendments  to  Sec.  5? 

Mr.  MORGAN.    I  move  to  strike  it  out. 

Mr.  CHAIRMAN.  It  is  moved  and  seconded  that  Sec.  5  be 
stricken  out.  Are  you  ready  for  the  question?  All  in  favor  of 
the  motion  will  say  aye;  contrary  no.  The  chair  is  in  doubt. 
As  many  as  favor  the  motion  to  sitrike  out  will  rise  and  stand 
until  counted — 9.  Contrary  will  rise — 9.  The  motion  to  strike 
out  is  lost. 

(Reading  of  Sec.  6.) 


750  CONSTITUTIONAL  CONVENTION. 

Mr.  13URRITT.  I  move  to  strike  it  out;  all  of  it  is  in  the 
educational  bill. 

Mr.  CHAIRMAN.  It  is  moved  and  seconde/d  that  Sec.  6 
be  stricken  out.  All  in  favor  of  the  motion  to  strike  out  wIU 
say  aye;  contrary  no.  The  ayes  have  it;  the  motion  to  strike 
out  prevails. 

Mr.  BROWN.  I  want  to  offer  an  amendment  to  Sec.  5.  We 
have  already  passed  an  amendment  to  this  bill  which  gives 
parties  who  settle  upon  the  land  certain  previous  rights,  and  I 
propose  to  insert  after  the  word  "privilege^'  "except  a  previ- 
ous right  to  buy,  as  in  this  constitution  otherwise  provided,'7 
or  perhaps  it  would  be  better  to  have  the  clause  at  the  begin- 
ning of  the  section. 

Mr.  CHA)IRMAN.  Gentlemen,  you  have  heard  the  motion. 
Are  you  ready  for  the  question?  All  in  favor  of  the  motion  will 
say  aye ;  contrary  no.  The  ayes  have  it ;  the  motion  to  amend 
prevails. 

(Reading  of  Sec.  7.) 

Mr.  CHAPLIN.    I  move  to  strike  it  out. 

Mr.  BURRITT.  I  move  to  amend  the  amendment  of  Mr. 
Chaplin  by  striking  out  all  of  it  down  to  the  "provided  how- 
ever" clause. 

Mr.  CHAPLIN.    I  second  that  motion. 

Mr.  CHAIRMAN.  It  is  moved  and  seconded  that  Sec. 
7  be  stricken  out  down  to  the  words  "provided  however."  Are 
you  ready  for  the  question?  All  in  favor  of  the  motion  will 
say  aye;  contrary  no.  The  ayes  have  it;  the  motion  to  strike 
out  prevails. 

Mr.  POTTER,  In  order  to  make  this  clear  I  think  we  will 
have  to  make  an  amendment;  to  insert  after  the  word  "in- 
come" the  words  "perpetual  school  fund,"  strike  out  aforesaid 
so  as  to  make  it  clear. 

Mr.  CHAIRMAN.  Gentlemen  you  have  heard  the  motion. 
Are  you  ready  for  the  question?  All  in  favor  of  the  motion 
to  strike  out  and  insert  will  say  aye;  contrary  no.  The  ayes 
have  it;  the  section  is  so  amended. 

Mr.  COFFEEEN.  (In  Sec.  2  I  move  to  strike  out  all  after 
the  word  "source"  in  the  third  line.  I  Avill  state  my  reasons 
for  .striking  this  out.  If  you  want  to  use  any  of  the  moneys 
arising  from  the  sale  of  lands,  and  it  has  already  been  argued 
on  this  floor  that  you  must  reserve  the  right  to  sell  some  of 
these  public  lands  so  that  certain  institutions  may  be  built, 
but  if  you  do»  not  strike  that  out.  yon  can  only  build  with  the 
interest  accruing,  which  would  preclude  the  building  of  any 
institution. 

Mr.  POTTER.  I  think  you  will  see  by  the  senate  bill  that 
the  grant  of  land  is  put  in  that  way,  for  the  erection  of  a  capi- 
tol  and  other  public  buildings,"  and  put  in  no  other  way,  and 
not  granted  with  the  income  only. 


PROCEEDINGS  AND  DEBATES.  761 

Mr.  SMITH.  The  senate  bill  is  not  the  law.  And  if  you 
pass  it  with  a  provision  like  that  in  it  you  cannot  use  tho 
money  at  all,  but  the  income  must  be  applied. 

"Mr.  CH  AIR-MAX.  Gentlemen,  you  have  heard  the  motion 
of  the  gentleman  from  Sheridan,  to  strike  out  all  after  the 
word  "source"  down  to  and  including  the  word  "un- 
sold." Are  you  ready  for  the  question?.  All  who  are  in  fa- 
of  the  motion  will  say  aye;  contrary  no.  The  ayes  have  it;  the 
motion  to  strike  out  prevails.  Anv  further  amendments  to  the 
file? 

Mr.  JEFFREY.  There  is  one  portion  of  this  last  section, 
Sec.  7,  which  is  not  clear  to  me.  There  are  several  school  funds 
and  it  seems  to  me  it  should  be  designated  just  what  fund  it 
means.  It  reads  "added  to  and  become  a  part  of  the  school 
fund."  It  is  not  quite  clear  to  me  what  school  fund  it  is,  and 
I  therefore  move  to  insert  the  word  "said"  before  the  word 
-"school" 

Mr.  CHAIRMAN.  Gentlemen,  you  have  heard  the  motion. 
Are  you  ready  for  the  question?  All  in  favor  of  the  amend- 
ment offered  by  the  gentleman  from  Laramie,  Mr.  Jeffrey,  will 
say  aye;  contrary  no.  The  ayes  have  it;  the  amendment  is 
adopted.  Any  further  amendments  to:  the  file? 

Mr.  POTTER.  I  desire  to  offer  an  amendment  to  be  added 
as  another  section  to  this  file,  although  this  may  not  be  the 
proper  place  for  it.  "The  legislature*  shall  have  no  power  to 
change  or  locate  the  seat  of  government,  the  state  university, 
"but  may  after  the  expiration  of  ten  years  after  the  adoption  of 
this  constitution  provide5  by  lawT  for  submitting  the  question 
of  the  location  of  the  seat  of  government,  the  university  or 
other  public  institutions,  located  at  the  adoption  of  this  con- 
stitution, to  the  qualified  electors  of  the  state,  at  some  geri^ 
«eral  election,  and  a  majority  of  all  votes  cast  upon  said  ques- 
tion at  said  election  shall  be,  necessary  to  determine  the  loca- 
tion thereof.  Provided,  that  for  ten  years,  and  until  the  same. 
•are  respectively  and  permanently  located  the  location  of  the 
seat  of  government  and  university  shall  be  as  follows: 

"The  seat  of  government  shall  be  at  the  city  of  Cheyenne, 
and  the  state  university  shall  be  located  at  the  city  of  Lara- 


As  to  the  poor  farm  and  deaf  and  dumb  asylum  my  idea  of 
It  was  that  that  should  be  left  to  the  legislature,  and  not  per- 
manently located.  So  far  as  the  deaf  and  dumb  asylum  is  con- 
cerned I  have/  not  talked  with  many  here  regarding  it,  but  1 
did  talk  with  some  of  the  gentlemen  about  the  poor  form  and 
their  ideas  agreed  with  mine.  I  am  not  particular  about  either 
of  them,  however,  and  if  any  better  method  can  be  devised  ,1 
am  ready  to  accept  it.  I  don't  desire  to  cut  out  the  poor  farm 
or  the  deaf  and  dun^b  asylum,  if  anyone  wants  to  insert  thefcn 
in  t/lils  bill  and  include  them  with  the  rest. 


762  CONSTITUTIONAL  CONVENTION. 

Mi<.  FOX.     I  think  that  ought  to,  coine  in  under  public- 
buildings. 

Mr.  SMITH.  If  we  become  a  state  the  government  will 
probably  turn  over  the  penitejntiary  at  Lararnie  to  the  terri- 
tory, and  we  don't  want  two  penitentiaries,  and  the  one  at 
Rawlins  might  be  turned  into  something  else,  and  there  ought 
to  be  a  provision  that  that  can  be  done. 

Mr.  TESCHEMACHER,  The  file  in  regard  to  public  build- 
ings has  not  got  out  of  the  hands  of  the  committee  as  I  remem- 
ber it,  and  |I  would  much  prefer  that  this  be  added  as  an  addi- 
tional section  there,  and  therefore,  Mr.  Chairman,  I  move  we 
go  back  and  take;  up  the  file  on  public  buildings  and  have  it 
amended. 

Mr.  CHAIRMAN.  Gentleman,  you  have  heard  the  motion^ 
Are  you  ready  for  the  question?  All  in  favpr  of  the  motion 
will  say  aye;  contrary  no.  The  ayes  have  it;  the  motion  pre- 
vails. We  will  now  go  back  and  take  up  the  file  on  public 
buildings. 

(Reading  of  Mr.  Potter's  amendment.) 

Mr.  CHAIRMAN.  The  question  is  on  the  amendment  of- 
fered by  the  gentleman  from  Laraniie,  Mr.  Potter.  Are  you 
ready  for  the  question? 

Mr.  TESCHEMACHER.  I  would  like  to  ask  for  informa- 
jtion  Would  it  not  be  a*  good  plan  to  state  the  names  of  the 
counties  where  these  institutions  are  located?  There  may  be 
another  Cheyenne  or  another  Laraniie  in  ten  years.  I  there- 
fore move  to  amend  by  inserting  the  names  of  the  counties- 
in  which  these  various  public  buildings  are  located. 

Mr.  CHAIRMAN.  Gentlemen,  you  have  heard  the  motion. 
Are  you  ready  for  the  question?  All  in  favor  of  the  amend- 
ment will  say  aye;  contrary  no.  The  ayes  have  it;  the  motion 
prevails. 

Mr.  COFFEEN.  I  wish  to  ask  for  information.  It  is  a  lit- 
tle difficult  to  know  just  how  these;  matters  stand,  not  having 
a  printed  file  before  us.  As  I  remember  it,  it  says  that  after 
ten  years  the  legislature  "may."  The  question  is  just  this: 
Could  the  legislature  thereafter  make  a  permanent  location 
without  submitting  it  to  the  people,  of  other  institutions  than 
those  specially  mentioned. 

Mr.  POTTER.  I  desdre  to  add  a  provision  to  that  as  fol- 
lows: Provided,  that  any  state  institution  whatever  that  was 
heretofore  located  shall  become  the  property  of  the  state,  and 
may  be  managed  by  the  state  as  the  legislature  may  prescribe 
by  law."  Our  deaf  and  dumb  asylum  and  the  Fremont  poor 
farm,  the  legislature  would  provide  as  to  those. 

Mr.  PRESTON.  You  don't  need  to  get  into  any  muddle  on 
account  of  the  poor  farm  in  Fremont  county.  We  don't  care  how 
soon  it  is  moved,  we  never  cared  for  it  at  all.  The  convention 


PROCEEDINGS  AND  DEBATES.  763 

need  not  be  disturbed  about  that,  because  it  does  not  bother 
us  a  bit. 

Mr.  CHAIRMAN.  The  question 'is  on  the  amendment  of- 
fered by  Mr.  Potter.  Are  you  ready  for  the  question  ? 

Mr.  COFFEEN.  The  suggestion  made  a  moment  ago, 
touching  the  question  whether  or  not  they  would  have  power 
to  locate  other  institutions  permanently  as  they  may  be 
formed?  (If  the  legislature  hais  that  power  I  would  like  to 
know  it,  and  to  make  sure  I  will  move  to  strike  out  the  words 
"other  public  institutions";  and  insert  the  names  of  the  institu- 
tions not  named. 

Mr.  CHAIRMAN.  The  motion  is  to  strike  out  the  words 
"or  other  public  institutions"  and  insert  the  words  "tjie  insane 
asylum  at  Evanston,  and  the  penitentiary  at  Rawlins."  Are 
you  ready  for  the  question  ? 

Mr.  BROWN.  I  don't  like  that  now  and  I  will  state  why. 
I  think  there  has  been  more  corruption  in  legislation,  more 
corrupt  trades,  more  infamous  deals  instituted  in  legislative 
bodies  on  the  location  of  these  public  institutions  than  has 
ever  occurred  in  the  legislature  in  any  other  way.  I  do  not 
think  this  covers  the  purpose  it  was  intended  to  have  been 
framed  for;  this  provision  creates  just  this  kind  of  busi- 
n^ss  and  provides  for  it,  for  deals  and  trades  in  legislation. 
Now  in  order  that  that  may  be  prevented,  in  order  that  there 
shall  be  no  log  rolling,  in  o*rder  that  towns  throughout  this 
territory  shall  not  pay  men  to  come  before  the  legislature  and 
log  roll  to  get  its  share  of  public  institutions  erected  at  some 
particular  place,  let  us  provide  that  the  legislature  shall  never 
locate  them  at  all.  They  may  provide  by  general  law  for  their 
erection,  they  may  create  a  law  providing  for  the  construction 
of  the  buildings,  the  character  of  the  institutions,  but  where 
their  location  shall  be  shall  be  submitted  in  every  instance 
to  a  voto  of  the  people  of  the  territory.  If  you  can  get  a  pro- 
vision together  in  that  way  I  will  join  you  most  heartily. 

Mr.  POTTER.  I  would  like  to  add' this  amendment:  "The 
legislature  shall  not  locate  any  other  public  institutions  ex- 
cept by  general  laws,  and  by  vote  of  the  people." 

Mr.  CHAIRMAN.  The  question  is  on  the  motion  to  strike 
out  "or  other  institutions"  and  insert  the  insane  asylum  at 
Evanston,  and  the  penitentiary  at  Rawlins."  Are  you  ready 
for  the  question?  All  in  favor  of  the  motion  will  say  aye; 
contrary  no.  The  ayes  have  it;  the  motion  prevails.  The  ques- 
tion is  now  upon  the  amendment  as  offered  by  Mr.  Potter. 
"The  legislature  shall  not  locate  any  other  public  institutions 
except  by  general  laws,  and  by  vote  of  the  people." 

Mr.  BUKRITT.  I  simply  desire  to  requst  all  members  of 
this  convention  who  are  not  members  of  the  coming  legisla- 
ture, before  they  vote  for  this  provision  in  the  shape  they 
have  got  it  now,  to  be  on  hand  next  January  to  prevent  the 


764 


CONSTITUTIONAL  CONVENTION. 


establishment  of  all  sorts  of  public  institutions  all  over  the 
territory  of  Wyoming. 

Mr.  CHAIRMAN.  Gentlemen,  you  have  heard  the  motion. 
All  in  favor  of  the  amendment  offered  by  Mr.  Potter  will  say 
aye;  contrary  no.  The  ayes  have  it;  the  motion  is  adopted. 

The  question  is  now  on  Sec.  24  as  amended. 

Mr.  SMITH.  I  desire  to  offer  the  following,  to  follow  after 
the  sentence  regarding  the  penitentiary  at  Rawlins:  "But  the 
legislature  may  provide  by  law  that  the  said  penitentiary  may 
be  converted  to  other  public  uses."  . 

Mr.  CHAIRMAN.  Gentlemen,  you  have  heard  the  motion. 
Are  you  ready  for  the  que/stion?  All  in  favor  of  the  amend- 
ment Avill  say  aye;  contrary  no.  The  ayes  have  it;  the  motion 
prevails. 

Mr.  POTTER.  I  would  suggest  another  amendment,  now 
that  we  have  put  in  the  insane  asylum  and  penitentiary;  the, 
first  part  of  this  ought  to  be  made  to  apply  to  them  all  as  well 
as  the  eapitol  and  university. 

Mr.  BURRITT.  I  now  rise  to  make  a  motion  I  started  to 
make  when  this  thing  first  commenced.  I  move  that  when  this 
committee  rise  it  report,  this  whole  section  with  the  amend- 
ments back  to  the  convention  with  the  recommendation  that 
it  be  referred  to  Committee  No,  7  with  instructions  to  bring 
in  a  properly  formulated  provision. 

Mr.  BROWN.  Tha^  probably  would  be  the  best  thing  to 
do,  to  let  the  committee  formulate  a  section  which  will  cover 
the  ground  perfectly.  I  will  second  the  motion  of  the  gentles- 
man  from  Johnson. 

Mr.  CHAIRMAN.  Gentlemen,  you  have  heard  the  motion. 
Are  you  ready  for  the  question?  All  in  favor  of  the  motion 
will  say  aye;  contrary  no.  The  ayes  have  it;  the  motion  is  car- 
ried. 

Mr.  RjINER.  I  move  when  this  committee  arise  it  report 
back  this  file  86  to  the  convention  with  the  recommendation 
that  it  do  pass  as  amended. 

Mr.  CHAIRMAN.  Gentlemen,  you  have  heard  the  motion. 
Are  you  iready  for  the  question?  All  in  favor  of  the  motion 
will  say  aye;  contrary  no.  The  ayes  have  it;  the  motion  pre- 
vails. 

The  next  file  is  File  No.  87,  coal  mines. 

(Reading  of  Sec.  1.) 

Mr.  JOHNSTON.  I  move  to  strike  out  the  words  "proven 
by  law."  I  don't  think  that  is  necessary. 

Mr.  HOPKINS.  I  want  to  explain  that.  It  is  customary 
under  the  mining  laws  to  have  this  person  who  is  the  mine  in- 
spector to  go  about  and  see  that  the  laws  governing  mines 
are  carried  out,  examined  by  a  board  of  mining  engineers  and 
miners  to  see  that  he  is  competent.  The  object  is  that  the  man 
shall  be  a  competent  man;  that  is  the  meaning  of  that. 


PROCEEDINGS  AND  DEBATES.  765 

Mr.  RINER.  I  move  to  amend  by  adding  the  words  "in  the 
manner  providejd  by  law." 

Mr.  CHAIRMAN.  Gentlemen,  you  have  heard  the  motion. 
All  in  favor  of  the  amendment  will  say  aye ;  contrary  no.  The 
ayes  have  it;  the  amendment  prevails. 

(Reading  of  Sec.  2.) 

Mr.  SMITH.  I  mov^  to  strike  out  the  words  "and  eo.uic- 
able." 

Mr.  CHAIRMAN.  You  have  heard  the  amendment.  Are 
you  ready  for  the  question.  All  in  favor  of  the  motion  will  say 
aye;  contrary  no.  The  ayes  have  it;  the  amendment  is 
adopted. 

Mr.  COFFEEN.  The  first  line  of  this  section  reads  "the 
legislature  shall  provide  by  law  for  the  proper  mapping  of 
mines,  etc."  It  appears  to  me  that  if  the  state  had  to  go  into 
all  the  expense  of  doing  that,  it  would  cost  a  great  deal.  "Shall 
require"  it  seems  to  me  would  better.  Does  not  that  make  the 
legislature  responsible  for  it,  saying  that  it  "shall  provide?7' 
I  don't  know  about  it,  but}  it  /strikes  mes  that  way,  and  I  just 
call  attention  to  it. 

(Reading  of  Sec.  3.) 

Mr.  RUSSELL.  It  often  occurs  in  this  territory  in  the  de- 
velopment of  small  mines  that  the  persons  doing  that  develop- 
ment may  not  be  able  to  employ  high  priced  clerical  help,  and 
so  he  employs  this  means  of  having  his  clerical  work  done,  he 
employs  boys  or  girls  to  do  it.  But  in  order  to  cover  the  case 
of  their  being  employed  in  the  mine,  they  would  have  no  busi- 
ness to  do  this  work  unless  this  proviso  was  put  in  there. 

Mr.  BROWN.  Is  there  any  necessity  for  such  a  provision 
at  all? 

Mr.  RUSSELL.  I  think  so.  The  legislature,  I  believe,  has 
saiid  tlhat  fourteen  years  is  young  enough  for  any  boy  to  be 
put  to  work  in  a  mine.  This,  isi  only  a  portion  of  the  present 
law,  and  I  think  should  be  incorporated  into  the  constitution. 

Mr.  PRESTON.    I  move  to  strike  out  Sec.  3. 

Mr.  RUSSELL.  I  would  like  to  ask  the  gentleman,  before 
this  is  put  to  a  vote,  whether  he  has  got  any  reason  for  mak- 
ing this  motion?  I  don't  think  the  gentleman  ought  to  make 
it,  unless  he  has  sufficient  reason  for  doing  so. 

Mr.  PRESTON.  My  reason  is  that  (I  believe,  that  what 
Sec.  3  intends  to  cover  is  a  matter  to  be  left  entirely  to  the 
legislature.  So  far  as  boys  undert  fourteen  years  of  age  are 
concerned,  I  think  that  is  a  matter  entirely  for  the  legislature, 
and  as  this  convention  has  delegated  to  women  the  right  to 
vote?,  she  ought  to  have  the  right  to  digt  coal  if  she  wants  to. 
It  is  a  matter  entirely  for  the  legislature,  and  not  a  matter  for 
the  constitution. 

Mr.  MORGAN.  I  think  the  subject  is  a  proper  one  for  the 
legislature1  and  for  the  constitution  too.  It  is  proper  to  re- 


766  CONSTITUTIONAL  CONVENTION. 

strict  the  legislature,  it  is  proper  to  say  right  here  that  no  boy 
shall  be  permitted  to  go  into  a  coal  mine  to  work,  and  there 
is  nothing  wrong  about  our  putting  it  into  the  constitution 
that  I  can  se:e.  Colorado  and  Nevada  and  other  states  have 
this  same  restriction,  and  I  see  no  reason  why  we  should  not 
put  it  into  our  constitution. 

Mr.  RUSSELL.  I  will  state  that  it  is  in  the  constitution  of 
Colorado,  you  will  find  it  there,  but  instead  of  being  fourteen 
years  it  is  twelve. 

Mr.  HOYT.  I  will  ask  the  gentleman  if  he  does  not  think 
that  instead  of  fourteen  it  should  be  a  higher  number?  Four- 
teen years  seems  to  me  a  very  youthful  age  for  a  person  to  go 
to  work  in  a  coal  mine. 

Mr.  HOLDEN.  It  appears  that  the  legislature  deemed 
this  provision  necessary.  I  find  on  page  440,  Sec.  1,654,  the  ex- 
act language  of  this  section  contained  in  our  statute.  I  pre- 
sume if  it  was  not  deemed  necessary  it  would  riot  have  been 
placed  there. 

Mr.  CHAPLIN.  I  move  to  amend  this  section  by  striking 
out  the  words  "or  about." 

Mr.  COFFEEN.  I  prefer  the  section  as  it  stands.  There 
are  cases  in  our  own  county  where  children  are  made  to  work 
out  in  the  dust  and  dirt  sorting  out  the  coal  from  the  dust,  for 
ten  and  twelve  hours,  and  small  children  at  that.  I  think  the 
more  you  study  this  the  more  you  are  convinced  that  the  sec- 
tion is  right,  and  ought  to  be  carried. 

Mr.  RUSSELL.  In  our  county  there  are  cases  where  the 
children  work  about  the  mine  and  help  their  fathers  support 
the  family,  and  I  believe  it  would  be  wrong  to  dejprive  them 
of  the  right  to  work  about  these  mines,  when  the  wages  that 
they  will  earn  will  be  a  great  help. 

Mr.  CHAIRMAN.  The  question  is  on  the  motion  to  strike 
out  "or  about."  Are  you  ready  for  the  question?  All  in  favor 
of  the  motion  will  say  aye ;  contrary7  no.  The  noes  have  it ;  the 
motion  is  lost.  The  question  now  recurs  on  the  motion  of  the 
gentleman  from  Frejmont,  to  strike  out  the  entire  section.  All 
in  favor  of  the  motion  to  strike  out  will  say  aye;  contrary  no. 
The  noes  have  it;  the  motion  to  strike  out,  is  lost. 

Mr.  RINER.  I  move  to  strike  out  the  word  "fourteen"  and 
insert  "sixteen." 

Mr.  CHAIRMAN.  It  is  moved  and  seconded  that  the  word 
"fourteen"  be  stricken  out  and  the  word  "sixteen"  inserted  in 
lieu  thereof.  Are  you  ready  for  the  question? 

Mr.  HOPKINS.  .  I  wish  to  say  something  in  regard  to  this 
matter.  Miners  proverbably  have  large  families,  and  some 
of  them  have  large  families  of  girls,  and  they  may  have  one  or 
two  boys  in  the  family.  /It  is  a  struggle  for  existence;  for 
these  people.  If  there  is  but  one  working  member  in  a  family 
of  ten  or  eleven  it  is  a  difficult  matter  to  get  along,  and  I  ques- 


PROCEEDINGS  AND  DEBATES.  767 

tion  the  advisability  of  preventing  a  family  of  that  kind  from 
obtaining  the  benefits  which  might  accrue  to  them  from  the 
help  of  a  younger  son.  He  has  in  the  interim  of  idleness  which 
occurs  in  every  mine,  he  has  an  opportunity  not  only  to  help 
his  father  earn  some  money,  but  also  get  proper  schooling,  and 
that  I  take  it  is  the  only  thing  that  is  aimed  at  in  this  age  ques- 
tion, that  is  they  should  have  proper  schooling. 

Mr.  RUSSELL.  I  believe  that  fourteen  years,  in  our  sta- 
tute, is  the  highest  in  this  country,  or  in  any  other,  and  I  think 
it  is  sufficiently  high. 

Mr.  HOLDEN.  I  move  to  strike  out  the  word  "coal"  in 
the  second  line. 

Mr.  CHAIRMAN.  It  is  moved  and  seconded  that  the  word 
"coal"  in  the  second  line  be  stricken  out.  Are  you  ready  for 
the  question?  All  in  favor  of  the  motion  will  sajr  aye;;  con- 
trary no.  The  ayes  have  it;  the  motion  to  strike  out  prevails. 
Mr.  BROWN.  I  move  to  strike  out  Sees.  2  and  4  of  tjiis  bill 
and  insert  in  lieu  thereof  the  following:  "The  legislature  shall 
provide  by  law  for  the  proper  development,  ventilation,  drain- 
age and  operation  of  all  mines  in  this  state." 

Mr.  CHAIRMAN.  The  question  is  on  the  amendment  of- 
fered by  Judge  Brown.  Are  you  ready  for  the  question? 

Mr.  COFFEEN.    I  don't  think  that  is  right.    I  think  I  have 

heard  those  interested    in   this    subject  of   mining    say   how 

difficult  it  was  to  get  a  mine  inspector  appointed  and  secured 

by  legislation,  and  if  that  is  so  I  would  like  to  see  to  it  that 

this  constitution  shall  see  to  it  that  there  shall  be. 

Mr.  CHAIRMAN.  The  question  is  on  the  amendment.  All 
in  favor  of  the  motion  to  strike  out  Sees.  2  and  4  will  say  aye ; 
.contrary  no.  The  ayes  have  it;  the  motion  prevails. 

(Reading  of  Sec.  5.) 

Mr.  BROWN.  As  to  that  section  I  want  to  ask  if  we  have 
not  passed  a  section  tjiat  is  exactly  the  same  as  this,  and  this 
"becomes  unnecessary  because  of  the  section  already  passed 
covering  exactly  the  same  grounds?  If  I  am  wrong  about  it, 
I  will  not  move  to  strike  it  out,  but  is  it  necessary  to  include  it 
in  this  file? 

Mr.  TESCHEMACHER,  We  have  passed  almost  the  same 
thing  somewhere. 

Mr.  HAY.  I  would  ask  if  it  was  not  in  the  file  on  corpora- 
tions? 

(Reading  of  Sec.  6.) 

Mr.  CHAIRMAN.    Any  objections  to  Sec.  6?    The  chair 
hears  none. 

(Reading  of  Sec.  7.) 

Mr.  FOX.    I  move  to  strike  it  out. 

Mr.  CHAJUMAN.  It  is  moved  and  seconded  that  Sec.  7  be 
stricken  out.  Are  you  ready  for  the  question? 


768  CONSTITUTIONAL  CONVENTION. 

Mr.  HAY.  I  hope  the  gentlemen  will  consider  before  they 
move  to  strike  that  out.  We  certainly  look  forward  to  the  de- 
velopment of  our  mines  as  our  greatest  resource,  and  the  office 
of  state  geologist  is  one  of  the  most  important  we  can  have. 
There  might  be  some  delay  in  having  that  office  created  by 
the  legislature,  and  I  believe  this  office  is  as  important  as  the 
state  engineer  and  others  we  have  created,  and  I  believe  that 
six  years  has  some  arguments  in  its  favor,  provided  we  get  a 
good  man,  and  he  does  his  work;  while  if  we  have  a  two  years 
term  he  barely  gets  acquainted  wrhen  he  is  removed  and  some 
body  else  appointed.  I  think  wre  are  pretty  well  fixed  now. 
Besides  that  the  short  term  would  cost  more  than  the  long- 
term.  It  would  be  an  object  to  a  man  to  work  cheaper  if  he- 
was  to  get  it  for  six  years  instead  of  two  years.  He  could  ar- 
ford  to  work  cheaper.  It  takes  him  two  or  three  years  to  get 
familiar  with  his  work,  and  I  think  six  years  is  better  than  the 
shorter  term. 

Mr.  FOX-.  I  made  this  motion  to  strike  out  because  I  think 
we  will  have  all  the  expense  we  can  bear  in  this  state,  and  my 
experience  is  that  geologists  have  been  a  useless  expense,  i 
have  yet  to  haA^e  the  first  geologist  tell  me  anything  beyond 
the  expression  of  an  opinion.  |I  don't  think  he  can  tell  us  any- 
thing but  what  we  know  at  the  present  time.  And  I  think  w*^ 
can  dispense  with  it. 

Mr.  HAY.  A  good  geologist  can  tell  us  a  good;  deal.  The 
advertisement  of  a  good  geological  report  would  be  worth  ten 
years  salary  to  us.  If  we  can  get  a  good  report  of  our  mining- 
resources,  and  what  the  prospects  of  mining  are,  it  would  be 
worth  his  salary  and  a  good  deal  more. 

Mr.  COFFEEN.  I  hope  this  will  not  be  stricken  out,  as  1 
am  very  much  in  favor  of  anything  that  will  educate  and  in- 
form the  people,  and  this  is  one  of  those  things.  Since  I  have 
been  here  I  have  seen  nothing  that  tends  more  to  show  the  re- 
sources of  our  entire  territory  than  the  exhibits  of  our  geolo- 
gist at  the  fair,  and  if  any  of  you  will  take  the  trouble  to  visit 
the  geologist's  room  here  you  will  be  rewarded.  I  say  I  have 
seen  nothing  which  will  set  forth  our  resources  and  promote 
their  advertisement  and  development  as  the  exhibits  and  in- 
formation which  our  geologist  can  give  us.  There  are  many 
reasons  why  this  .should  not  be  stricken  out. 

Mr.  CHAIRMAN.  Gentlemen,  you  have  heard  the  motion. 
Are  you  ready  for  the  question?  All  in  favor  of  the  motion  -will 
say  aye;  contrary  no.  The  noes  seem  to  have  it;  the  noes  have 
it.  The  motion  to  strike  out  is  lost. 

Mr.  BROWN.    I  will  now  renew  my  motion  to  strike  out 
1  Sec.  5. 

Mr.  CHAIRMAN.  The  question  is  on  the  motion  to  strike 
out  Sec.  5.  Are  you  ready  for  the;  question?  All  in  favor  of 


PROCEEDINGS  AND  DEBATES.  769 

striking  out  Sec.  5  will  say  aye;  contrary  no.    The  ayes  have  it; 
the  motion  to  strike  out  prevails. 

Mr.  BROWN.  I  move  when  this  committee  arise  it  report 
back  this  file  on  coal  mines  with  the  recommendation  that  it 
do  pass  as  a  part  of  the  constitution. 

Mr.  CHAjIRMAN.  Gentlemen,  you  hare  heard  the  motion. 
Are  you  ready  for  the  question?  All  in  favor  of  the  motion 
will  say  aye;  contrary  no.  The  ayes  have  it;  the  motion  is 
adopted. 

The  next  tiling  on  the  general  file  is  substitute  for  Files  5, 
6,  10,  23  and  64,  elections  and  qualifications  to  office. 

(Beading  of  Sec.  1.) 

Mr.  CHAIRMAN.    Reading  of  Sec.  2.    Two  and  four. 

Mr.  JEFFREY.  I  rise  to  ask  for  information.  Have  we 
anywhere  provided  for  a  general  election,  and  the  time  for  the 
qualification  of  state  and  county  officers?  This  is  a  very  im- 
portant matter  and  we  don't  want  to  overlook  it,  the  commit- 
tee should  have  attended  to  this.  As  there  seems  to  be  some 
doubt  as  to  whether  we  have  provided  for  this  or  not,  I  desire 
to  offer  the  following  as  an  amendment  to  be  inserted  as  an  ad- 
ditional section  to  this  substitute: 

"All  general  elections  for  state  and  county  officers,  for 
members  of  the  house  of  representatives  and  the  senate  of  the 
state  of  Wyoming  shall  be  held  on  the  first  Tuesday  in  Novem- 
ber of  each  even  year.  Special  elections  may  be  held  as  nowr 
or  as  may  hereafter  be  provided  by  law.  All  state  and  county 
officers  elected  at  a.  general  election  shall  enter  upon  their  re- 
spective duties  on  the  first  Monday  in  January  next  following 
the  date  of  their  election,  or  as  soon  thereafter  as  may  be  pos- 
sible.' 

Mr.  CAMPBELL.  I  would  move  to  amend  that  by  making- 
it  the  first  Tuesday  next  following  the  first  Monday  in  Novem- 
ber. 

Mr.  CHAIRMAN.    Gentlemen,  you  have  heard  the  amend- 
ment.   Are  you  ready  for  the  question?    All  in  favor  of  the 
amendment  will  say  aye;  contrary  no.    The  ayes  have  it;  the 
amendment  is  adopted.    The  question  is  now  on  the  adoption 
iof  this  section  as  Sec.  5  of  this  substitute.    Are  you  ready  for 
the  question?    All  in  favor  of  the  motion  will  say  aye;  contrary 
no.    The  ayes  have  it;  the  amendment  is  adopted  as  Sec.  5  of 
this  file.    The  secretary  will  read  the  next  section. 
(Reading  of  Sees.  1,  2  and  3,  qualifications  to  office.) 
Mr.  POTTER.     I  move  to  strike  out  all  after  the  word 
"fidelity"  in  the  fifth  line  of  Sec.  3. 
Mr.  HAY.    Second  the  motion. 

Mr.  MORGAN.    I  hope  that  this  convention  will  hesitate 

before  they  strike  out  the  last  part  of  this  section.    It  is  there 

provided  that  men  shall  take  an  oath  that  they  will  do  what 

they  ought  to  do,  and  that  they  have  not  obtained  their  office 

r-49 


770  ~.          CONSTITUTIONAL  CONVENTION. 

through  corrupt  means.  They  are  entrusted  with  certain 
rights  and  privileges  belonging  to  the  people,  and  I  think  the 
people  have  a  right  to  require  thejni  to  swear  on  their  oath 
they  will  protect  these  rights  and  privileges.  If  he  has  used 
fraudulent  means  to  obtain  his  office,  I  think  the  people  ought 
to  know  it;  this  is  no  insult  to  any  man,  and  /I  sincerely  trust 
this  convention  will  not  strike  it  out. 

Mr.  POTTER.  I  have  just  a  word  to  say  on  this  subject, 
I  don't  object  to  the  principle  of  the  last  part  of  the  section  at 
all,  as  Mr.  Morgan  seems  to  think,  I  don't  object  to  that,  but 
my  idea  is  that  the  ground  is  all  covered  by  what  goes  before. 
If  a  man  can  swear  that  he  will  discharge  the  duties  of  his 
office  with  fidelity,  and  then  receive  that  which  he  has  no 
right  to  recefVe  as  compensation,  or  as  a  bribe,  I  can  only  say 
that  he  has  a  very  convenient  conscience,  for  we  know  that 
would  not  be  discharging  the  duties  of  his  office  with  fidelity. 
Now  we  expect  to  provide  laws  by  which  it  will  be  impossible 
to  Secure  office  in  this  way  that  is  the  best  way  to  do  it.  If 
he  has  been  elected  and  violated  that  law,  he  can  be  prosecuted 
the  same  as  any  other  person,  but  how  many  men  that  have 
been  elected,  that  have  violated  the  election  laws,  wrould  re- 
fuse to  take  this  oath?  I  venture  to  say  that  very  few  people 
would  have  the  courage  to  say  they  had  violated  this  law,  and 
they  would  take  this  oath.  They  have  violated  the  law  and 
are  subject  to  its  penalties,  and  when  they  take  this  oath  they 
add  to  their  crime,  the  crime  of  perjury,  and  we  make  them 
do  that  ~by  law,  and  I  believe  it  is  an  insult,  and  I  believe  that 
which  prompts  this  kind  of  thing  is  a  matter  purely  of  senti- 
ment, and  I  have  no  hesitation  whatever  in  opposing  such  a 
provision,  not  that  I  believe  in  buying  your  way  into  office, 
because  I  believe  that  it  one  of  the  greatest  of  crimes,  and  we 
ought  to. make  our  laws  so  strong  that  they  cannot  buy  their 
way,  but  because  I  don't  believe  this  oath  would  do  any  good. 
They  have  this  same  thing  in  the  state,  of  New  York,  I  think 
it  is  in  precisely  the  same  words,  and  everybody  knows  that 
there  is  in  the  city  of  New  York  a  more  corrupt  condition  <jf 
affairs  on  election  day  than  any  other  place  in  the  union. 
This  does  not  maKe  it  any  purer,  or  take  money  out  of  our  elec- 
tions, I  don't  believe  it  will  accomplish  the  purpose  intended. 
The  principle  is  all  right,  to  purify  elections,  but  I  don't  think 
this  will  do  that. 

Mr.  MORGAN.  I  have  been  ashamed  and  every  member 
of  this  convention  has  been  ashamed  of  the  charge  heard  up 
and  down  the  streets  of  corruption  at  elections.  The  gentle- 
man from  Laramie  thinks  this  will  not  make  it  any  purer,  will 
it  make  it  any  worse?  Can  it  be  any  worse,  if  the  charges  are 
true  ?  Let  us  put  a  stop  to  it,  and  this  oath  will  do  it,  because 
as  it  is  now  a  man  buys  his  way  into  office  and  there  is  no  way 
to  reach  him.  If  I  should  do  wrong,  buy  my  way  into  office,  and 


PROCEEDINGS  AND   DEBATES.  771 

violate  this  oath,  somebody  would  know  it,  and  somebody  could 
Tiave  me  thrown  out  of  office  at  once.  That  has  been  the  case 
in  other  states,  this  is  for  the  purity  of  elections.  Hours  could, 
be  spent  in  giving  reasons  why  this  could  pass,  why  this  should 
pass.  Let  us  purify  our  elections.  If  they  buy  their  way,  let' 
them  take  the  risk  of  indictment,  let  them  know  that  they 
must  take  this  iron  clad  oath  and  they  will  be  very  careful 
about  buying  their  way  in  this  state.  It  .works  well  in  other 
states,  and  will  harm  nobody  that  is  sure. 

Mr.  HAY.  I  just  want  to  say  a  few  words  about  this.  I 
think  this  is  an  unjust  and  useless  insult  to  the  people  we 
elect,  and  also  a  very  bad  advertisement  to  the  outside  world. 
.ill1  we  have  not  confidence  enough  in  the  men  we  elect  to  trust 
them  without  their  having  to  take  an  oath  of  this  kind,  I  think 
we  ought  to  quit  the  business  right  now.  There  has  been  an 
immense  amount  of  vile  language  used  here  with  regard  to  the 
legislatures  of  this  territory.  I  have  been  more  or  less  famil- 
iar with  our  legislatures  for  twenty  years,  and  I  don't  believe 
in  any  one  instance  there  has  been  a  legislator  bought,  that  is, 
paid  by  personal  benefits  to  himself.  I  will  admit  there  has 
been  more  or  less  trading  among  the  county  delegations,  but 
.all  through  my  acquaintance  with  the  legislature,  I  don't  know 
of  a.  single  one  that  has  ever  been  charged  with  having  beesi 
bought,  that  is  with  personal  benefit  to  himself,  wliere  money 
lias  been  offered  and  recejived  for  his  vote,  for  any  influence 
that  he  might  have  because  of  his  place  in  the  legislature. 

If  this  will  stop  all  that  it  is  said  it  will,  stop  all  corrup- 
tion at  elections,  that  is  another  question.  I  don't  say  there* 
liave  not  been  votes  bought  and  sold  at  elections,  but  I  think 
there  is  another  way  to  reach  this.  I  think  by  decreasing  the 
immense  pay  our  county  officers  receive,  and  ceasing  to  make 
an  office  so  desirable,  and  they  will  also  not  have  so  much 
money  to  spend,  I  think  that  would  reach  it  better.  I  say  that 
the  man  who  would  buy  a  dozen  votes  won't  hesitate  to  take 
an  oath  of  this  kind,  and  will  cover  up  his  tracks  after  he  has 
taken  this  oath  as  before.  I  never  was  a  member  of  the  leg- 
islature, and  never  expect  to  be,  but  at  the  same  time  I  think 
that  the  amount  of  abuse  that  the  legislature  has  received  at 
the  hands  of  this  convention  is  perfectly  outrageous,  and  un- 
called for,  and  to  insist  on  members  of  the  legislature,  mak- 
ing them  take  an  oath  of  this  kind,  is  an  unnecessary  and  use- 
less insult.  I  think  we  can  reach  the  object  desired  in  some 
other  way. 

Mr.  SUTHEKLAND.  {If  this  will  accomplish  what  it  is 
placed  here  foi),  I  would  vote  for  it,  but  I  don't  know  that  it 
will.  I  am  ashamed  of  the  amount  of  corruption  funds  which 
liave  been  used  throughout  Wyoming,  and  for  us  to  try  to 
smooth  it  over,  and  uphold  our  past  legislatures,  we  cannot  do 
it,  as  honest  men.  If  this  don't  accomplish  what  we  want  1 


^•72  CONSTITUTIONAL'  CONVENTION. 

am  ready  to  vote  it  down.  And  let  us  vote  on  something  that 
will.  These  large  corruption  funds  with  which  they  buy  votes 
on  election  day,  if  Mr.  Hay  is  not  acquainted  Avith  them,  if  he 
will  come  up  to  Sherman,  I  will  show  him  and  open  his  eyes. 

Mr.  TESCHEMACHER,  I  was  only  going  to  remark  that 
this  Avas  taken  from  the  Pennsylvania  constitution,  and  to  ask 
whether  or  not  the  corruption  there,  although  I  don't  know 
anything  about  it,  but  so  far  as  what  is  said  is  concerned,  to 
ask  Mr.  Morgan  has  it  prevented  this  sort  of  thing,  because 
the  legislature  of  Pennsylvania  is  said  to  be  purchased  every 
two  years. 

Mr.  SMITH.  As  to  how  corrupt  the  legislature  is  I  don't 
knoAV  as  it  cuts  any  figure  here,  I  don't  knoAV  anything  about 
the  Wyoming  legislature,  I  have  not  thought  about  it  very 
much.  I  don't  knoAV  anything  about  it,  but  that  there  ;s  cor- 
ruption so  far  as  politics  is  concerned,  and  that  to  an  almost 
unlimited  extent,  and  Ave  all  do  know  about  that.  If  this  will- 
go  one  step  towards  improving  that,  leave  it  in,  AA^hether  it  will 
or  not  it  is  hard  to  say  noAV.  True,  some  men  who  would  buy 
their  way  into  office  would  take  this  oath,  but  a  majority  Avill 
not  perjure  themselves,  if  they  know  they  must  take  this  oath 
they  wrUl  decline  to  run  for  office,  and  giA^e  some  other  reason 
for  it,  but  there  are  enough  honest  men  who  will,  and  we  will 
find  that  the  office  will  seek  the  man  and  not  the  man  the  01- 
fico,  as  it  is  now  wre  hear  honest  men  say  they  cannot  run  for 
office  because  they  cannot  afford  to  spend  one-half  what  it  cost& 
now  to  get  an  office.  But  one  of  the  greatest  evils  in  this  con- 
nection is  that  the  office  has  paid  too  much  for  cheap  men,, 
five  and  six  thousand  dollars  to  pay  for  ordinary  clerical  work, 
and  that  is  what  it  costs  in  many  of  the  counties  in  this  terri- 
tory. And  I  want  to  say  in  closing  what  I  said  before,  that 
the  majority  of  men  will  not  perjure  themselves. 

Mr.  HOYT.  The  point  referred  to  last  is  the  point  which, 
largely  influenced  the  committee  to  include  this  provision. 
They  want  simply  to  put  a  man  to  the  test  who  has  been 
elected  and  usod  corrupt  means  to  secure  his  election,  he  might 
be  willing  to  SAvear  falsely,  but  a  man  who  knew  he  would  only 
get  an  office  through  corrupt  means  would  be  ATery  loath  to  un- 
dertake the  business,  if  he  knew  that  this  oath  was  at  the  end 
of  the  race.  Another  point,  Mr.  Hay  speaks  of  it  as  an  in- 
sult. Why  is  it  any  more  of  an  insult  to  take  an  oath  that  he. 
has  not  used  fraudulent  means  to  secure  his  office  than  to  re- 
quire a  man  to  take  oath  that  he  will  be  faithful? 

Mr.  CHAIRMAN.  The  question  is  on  the  motion  to  strike 
out  all  after  the  word  "fidelity."  Are,  you  ready  for  the  ques- 
tion? All  in  faA^or  of  the  motion  will  say  aye;  contrary  no.. 
The  chair  is  in  doubt.  All  those  in  favor  of  the  motion  will  rise 
and  stand  until  counted — 5  .Those  opposed  will  rise  and  stand 
— 6.  The  motion  to  strike  out  is  lost. 


PROCEEDINGS  AND  DEBATES.  773 

Mr.  HOYT.  1  would  like  to  ask  whether  we  cannot  make 
this  provision  apply  to  members  of  congress  and  United  States 
-senators? 

Mr.  TESCHEMACHER.  No,  governor,  they  are  sworn  in 
Washington.  We  have  nothing  to  do  with  that. 

(Reading  of  Sec.  4.) 

Mr.  PRESTON.    I  move  to  strike  it  out. 

Mr.  HOYT.  We  have  just  adopted  a  section  which  looks  to 
the  purity  of  elections;  this  simply  looks  to  the  purity,  economy 
and  facility  of  their  administration;  it  is  but  one  step  further, 
it  would  but  continue  to  exert  a  good  influence  in  the  selection 
of  men  for  minor  positions  in  the  administration  of  the  work 
of  the  government. 

Mr.  JEFFREY.  I  desire  to  say  on  behalf  of  the  members 
of  the  committee  that  we  desired  to  give  this  convention  th'£ 
benefit  of  everything  that  was  before  us  .  We  recommended  this 
to  the  convention  for  them  to  do  with  it  what  they  should 
deem  fit  and  proper.  Now,  as  to  the  propriety  of  this  proposi- 
tion, I  think  there  can  be  no  serious  difference  of  opinion,  ft 
is  an  object  very  much  to  be  desired.  However,  judging  from 
the  experience  of  others  in  endeavoring  to  enforce  the  senti- 
ment of  this  provision,  the  results  havje  not  been  entirely  satis- 
factory. That  I  presume,  is  the  fault  of  the  law,  and  the  fault 
of  the  manner  in  which  the  laws  have  been  administered.  We 
deemed  it  our  duty,  however,  to  give  this  to  the  convention  and 
let  them  express  their  opinions  upon  it. 

Mr.  CHAIRMAN.  The  question  is  on  the  motion  to  strike 
out  Sec.  4.  Are  you  ready  for  the  question?  All  in  favor  of 
the  motion  will  say  aye;  contrary  no.  A  division  is  called  for. 
Those  in  favor  of  the  motion  to  strike  out  will  rise  and  stand 
until  counted — 11.  Those  opposed  will  rise — 10.  The  motion 
to  strike  out  prevails. 

Mr.  HOYT.  I  believe  this  would  have  given  us  very  good 
standing  before  the  authorities  at  Washington,  it  would  indi- 
cate a  disposition  toward  reform  in  Wyoming. 

Mr.  BROWN.  I  move  when  this  committee  arise  it  report 
back  the  substitute  for  Files  5,  6,  10  and  23  to  the  convention 
with  the  recommendation  that  it  do  pass. 

Mr.  CHAIRMAN.  Gentlemen,  you  have  heard  the  motion. 
Are  you  ready  for  the  question?  All  in  favor  of  the  motion 
will  say  aye;  contrary  no.  The  ayes  have  it;  the  motion  pre- 
vails. 

Mr.  JOHNSTON.  I  move  this  committee  now  rise  and  re- 
port. 

Mr.  CHAIRMAN".  Gentlemen,  you  have  heard  the  motion. 
Are  you  reatfy  for  the  question?  All  in  favor  of  the  motion 
will  say  aye;  contrary  no.  The  ayes  have  it;  the  committee 
will  now  rise.  As  the*report  of  the  committee  is  very  long  and 


774 


CONSTITUTIONAL  CONVENTION. 


it  is  now  very  late,  I  would  suggest  the  reading  of  the  report 
be  dispensed  with  at  this  time. 

Mr?, PRESIDENT.  Is  there  objection  to  the  reading  of  the 
report  being  dispensed  with  at  this  time?  The  chair  hears 
none;  by  unanimous  consent  the  reading  will  be  dispensed 
with. 

Mr.  BAXTEE.  ([  move  we  take  a  recess  until  7:30  this; 
evening. 

Mr.  PRESIDENT.  Gentlemen,  you  have  heard  the  motion. 
Are  you  ready  for  the  question  ?  All  in  favor  of  taking  a  re- 
cess until  half  past  seA^en  this  evening  will  say  aye;  contrary 
no.  The  ayes  have  it;  the  motion  to  take  a  recess  prevails. 

EVENING  SESSION. 


Thursday  evening,  Sept.  20>£h. 

Mr.  PRESIDENT.     Convention  come  to  order. 

We  were  considering  the  general  file  at  the  time  of  adjourn- 
ment. A  motion  to  go  into  committee  of  the  whole  is  now  in 
order. 

Mr.  FOX.  I  move  we  now  go  into  committee  of  the  whole 
for  consideration  of  the  general  file. 

Mr.  HOYT.  Just  a  moment.  On  behalf  of  Committee  No. 
7  I  wish  to  submit  a  report. 

Mr.  PRESIDENT.  By  unanimous  consent  the  committee 
will  be  allowed  to  report  at  this  time. 

Mr.  BURRITT.    I  move  it  be  placed  on  the  general  file. 

Mr.  PRESIDENT.  It  is  moved  that  the  report  of  the  com- 
mittee be  placed  on  the  general  file  to  come  up  for  considera- 
tion at  the  proper  time  in  its  regular  order.  As  many  as  are, 
in  favor  of  the  motion  will  say  aye;  contrary  no.  The  ayes- 
have  it ;  the  motion  prevails. 

Mr.  CAMPBELL.  I  have  been  instructed  by  the  Laramie 
county  delegation  to  extend  an  invitation  to  the  members  of 
this  convention  to  partake  of  a  banquet  at  the  Cheyenne  club 
on  Saturday  evening,  and  would  like  every  member  of  the  con- 
vention to  be  present  at  that  banquet. 

(Applause.) 

Mr.  PRESIDENT.  I  am  satisfied  from  the  demonstration 
made,  Mr.  Chairman,  that  the  members  of  the  convention  will 
be  delighted  to  accept  your  haspitality.  I  can  speak  for  my- 
self, and  shall  accept  the  invitation  as  far  as  I  am  personally 
concerned. 

Mr.  CAMPBELL.  I  forgot  to  add  that  the  president  was 
selected  to  preside  at  the  banquet. 

Mr.  FOX.    I  move  that  the  invitation  be  accepted. 

Mr.  PRESIDENT.  It  is  moved  that  the  invitation  extended] 
by  the  Laramie  county  delegation  be  accepted.  All  in  favor 


PROCEEDINGS  AND  DEBATES.  775 

of  the  motion  will  say  aye;  contrary  no.    The  ayes  have  it;  the 
motion  prevails  'unanimously. 

Mr.  FOX.    I  move  we  now  go  into  committee  of  the  whole. 

Mr.  PRESIDENT.  Gentlemen,  you  have  heard  the  motion. 
Are  you  ready  for  the  question?  All  in  favor  of  the  motion 
will  say  aye;  contrary  no.  The  ayes  have  it;  the  motion  to  go 
into  committee  of  the  whole  prevails.  Will  Mr.  Elliott  take 
the  chair? 

Mr.  CHAIRMAN.  Gentlemen  of  the  committee.  J  have 
taken  the  report  of  Committee  No.  7  on  Sec.  24  out  of  its  reg^ 
ular  order  that  we  may  dispose  of  that  file.  If  there  is  no  ob- 
jection I  wrould  ask  your  consideration  of  that  report  first.  The 
secretary  will  read  the  section. 

"The  legislature  shall  have  no  power  to  change  or  locate 
the  seat  of  government,  the  state  university,  insane  asylum, 
or  state  penitentiary,  but  may,  after  the  expiratior^f  ten  (10) 
years  after  the  adoption  of  this  constitution,  provide"  oy  law  for 
submitting  the  question  of  the  permanent  location  thereof, 
respectively,  to  the  qualified  electors  of  the  state,  at  some  gen- 
eral election,  and  a  majority  of  all  votes  cast  upon  said  ques- 
tion at  said  election  shall  be  necessary  to  determine  the  loca- 
tion thereof,  but  for  said  period  of  ten  years,  and  until  the 
same  are  respectively  and  permanently  located,  as  herein  pro- 
vided, the  location  of  the  seat  of  government  and  said  insti- 
tutions shall  be  as  follows: 

"The/  seat  of  government  shall  be  located  at  the  city  of 
Cheyenne,  in  the  county  of  Laramie;  the  state  university  shall 
be  located  at  the  city  of  Laramie,  in  the  county  of  Albany; 
the  insane  asylum  shall  be  located  at  the  town  of  Evanston, 
in  the  county  of  Uinta;  the  penitentiary  shall  be  located  at 
the  city  of  Rawlins,  in  the  county  of  Carbon;  but  the  legisla- 
ture may  provide  by  law  that  said  penitentiary  may  be  con- 
verted to  other  public  uses.  The  legislature  shall  not  locate 
any  other  public  institutions  except  under  general  laws,  and 
by  vote  of  the  people." 

Mr.  RINER.  I  move  this  section  be  added  to  the  file  as 
an  additional  section  of  the  file,  and  the  file  referred  back  to 
the  convention  with  the  recommendation  that  it  be  adopted 
as  amended. 

Mr.  .CHAIRMAN.  Gentlemen,  you  have  heard  the  motion. 
Are  you  ready  for  the  question?  All  in  favor  of  the  motion 
will  say  aye;  contrary  no.  The  ayes  have  it;  the  motion  pre- 
vails. 

Mr.  CHAIRMAN.  The  next  thing  on  the  general  file  is 
File  89,  schedule. 

(Reading  of  Sees.  1,  2,  3  and  4.) 

Mr.  CLARK.  I  have  only  this  objection  to  Sec.  4,  there  is 
a  portion  of  it  that  I  am  unable  to  understand.  Perhaps  the 
committee  can  explain.  "And  all  bonds,  obligations  and  other 


CONSTITUTIONAL  CONVENTION. 

undertakings  executed  by  this  territory  or  to  any  other  officer  in 
his  official  capacity.''  That  is  not  quite  clear  to  me. 

Mr.  RINER.  I  have  an  amendment  to  offer,  which  jl  think 
will  improve  that.  I  move  to  amend  by  inserting  the  words 
"to  or''  after  the  word  "executed,"  so  it  will  read  "and  all 
bonds,  obligation's  or  other  undertakings  executed  to  or  by." 

Mr.  CHAIRMAN.  Gentlemen,  you  have  heard  the  motion. 
Are  you  ready  for  the  question?  All  in  favor  of  the  motion 
will  say  aye;  contrary  no.  The  ayes,  have  it;  the  amendment 
prevails. 

Mr.  JEFFREY.  As  has  already  been  stated,  this  was  pre- 
pared rather  hurridly,  the  chairman  was  absent  several  days 
and  the  committee  did  not  get  to  work  on  it  until  pretty  late. 
I  have  a  section  which  properly  belongs  in  the  schedule,  and 
I  desire  to  have  it  inserted  in  its  proper  place  in  the  schedule. 
It  is  something  that  ought  to  have  been  included  in  the  sched- 
ule but  was  overlooked.  "That  all  property,  real  and  personal, 
and  all  moneys,  credits,  claims,  and  choses  in  action,  belong- 
ing to  the  territory  at  the  time  of  the  adoption  of  this  consti- 
tution shall  be  vested  in  and  become  the  preperty  of  the  state 
of  Wyoming." 

Mr.  RINER.  I  move  that  that  section  be  numbered  two, 
and  that  all  the  following  sections  be  renumbered. 

Mr.  CHAIRMAN.  Gentlemen,  you  have  heard  the  motion. 
Are  you  ready  for  the  question  ?  All  in  favor  of  the  motion  will 
say  aye;  contrary  no.  The  ayes  have  it;  the  amendment  pre- 
vails. Any  further  amendments? 

Mr.  CLARK.  I  move  to  strike  out  the  word  "other"  where 
it  occurs  in  line  five  of  Sec.  4. 

Mr.  CHA/IRMAN.  Gentlemen,  you  have  heard  the  motion. 
Are  you  ready  for  the  question?  All  in  favor  of  the  motion 
will  say  aye;  contrary  no.  The  ayes  have  it;  the  motion  pre- 
vails. Any  further  amendments  ? 

Mr.  RURRITT.    The  word  "by"  should  not  be  in  there. 

Mr.  CHAIRMAN.  If  there  is  no  objection  it  will  be  strick- 
en out. 

Any  further  amendments? 

(Reading  of  Sec.  5.) 

Mr.  HAY.  The  word  "now"  in  the  first  line  ought  to  be 
stricken  out. 

Mr.  FOX.     I  don't  see  what  this  has  to  do  with  United 
States  officials. 

Mr.  JEFFREY.  That  is  intended  to  apply  tq  all  the  offi- 
cials holding  office  until  they  are  succeeded  by  state  officers. 
The  governor,  secretary  and  judges  of  the  district  and  su- 
preme courts. 

Mr.  CHAIRMAN.  It  is  moved  that  the  word  "now"  in  the 
first  line  be  stricken  out.  Are  you  ready  for  the  question? 


PROCEEDINGS  AND  DEBATES.  777 

All  in  favor  of  the  motion  will  say  aye ;  contrary  no.    The  ayes 
Tiave  it ;  the  motion  is  carried. 

Mr.  BROWN.  I  desire  to  make  an  inquiry  of  the  chairman 
of  the  committee.  I  desire  to  ask  if  Sec.  5  is  intended  to  keep 
the  officers  in  their  respective  positions  until  the  state  officers 
are  elected  or  appointed? 

Mr.  JEFFREY.  I  think  that  is  the  intention  of  the  sec- 
tion, whenever  applicable. 

Mr.  BROWN.  It  occurs  to  me,  Mr.  Chairman,  that  we 
ought  to  provide  that  the  governor  of  the  territory,  the  sec- 
retary and  other  territorial  officers,  justices  of  the  court,  and 
all  county  and  precinct  officers  shall  hold  their  offices  until 
thdir  successors  are  elected  and  qualified  under  the  constitu- 
tion of  the  state. 

Mr.  BAXTER.  I  think  that  could  be  reached  by  amending 
the  last  line  so  as  to  read  as  follows :  "Until  the  qualification  of 
officers  elected  as  their  successors  under  this  constitution." 

Mr.  BROWN.  The  provision  in  some  of  the  other  con- 
stitutions is  that  all  these  territorial  officers  shall  continue  to 
hold  their  several  offices  as  officers  of  the  state  until  their  suc- 
cessors shall  be  elected  and  qualified,  d  understand  Mr.  Jef- 
•frey  that  this  was  intended  to  apply  simply  to  the  territorial 
officers.  I  think  it  should  include  all  county  and  precinct 
^officers. 

Mr.  BURRITT.    Sec.  18  covers  all  that. 
(Reading  of  Sec.  6.) 

Mr.  POTTER.  I  move  to  strike  out  the  word  "adoption" 
rand  insert  "ratification." 

Mr.  CHAIRMAN.  Gentlemen,  you  have  heard  the  motion. 
Are  you  ready* for  the  question? 

Mr.  TESCHEMACHER.  I  think  before  we  settle  this  thing 
definitely  we  ought  to  give  it  a  little  time  and  thought.  Do 
•we  wish  to  have  an  election  nefd;  November  on  this  constitu- 
tion? If  we  put  this  in  our  constitution  we  will  have  to  carry 
it  out.  I  merely  wish  to  bring  the  matter  up  for  discussion. 
Tou  will  notice  by  the  papers  for  the  last  day  or  two  that  the 
constitutional  convention  of  New  Mexico,  which  was  called  in 
a  manner  exactly  similar  to  ours,  and  has  proceeded  in  nearly 
the  same  manner,  in  their  schedule  provide  that  their  constitu- 
tion shall  be  submitted  to  congress  with  their  petition.  If  then 
congress  passed  an  enabling  act  that  a  special  election  shall 
~be  held  within  ninety  days,  and  the  constitution  shall  be  sub- 
mitted for  adoption.  If  on  the  other  hand  congress  did  not 
pass  an  enabling  act  at  this  session,  that  the  constitution 
shold  be  submitted  to  the  people  on  the  Pus1  Tuesday  after  the 
first  Monday  of  November,  1890,  their  general  election.  Now  it 
seems  to  me  that  this  would  be  a  very  wise  plan  for  us  to 
adopt,  for  if  we  proceed  to  have  these  special  elections  through- 
out the  territory  that  means  quite  a  large  expense,  and  we  do 


778  CONSTITUTIONAL  CONVENTION. 

not  know  whether  this  senate  bill,  which  has  been  favorably 
reported  by  the  senate,  will  be  passed  by  both  branches  of  con- 
gress, or  signed  by  the  president.  If  it  should  be  passed,  then 
we  can  within  ninety  days  call  a  special  election,  and  go  info 
being  a  state  almost  as  soon  as  we  wrould  under  any  other 
conditions.  If  not  passed  at  this  session,  we  can  get  the  vote 
on  this  constitution  at  a  time  when  wre  can  call  out  the  largest 
expression  of  opinion  of  the  people  of  this  territory  that  we 
could  possibly  get.  No  matter  how  important  the  subject  at 
a  special  election  you  cannot  call  out  the  general  vote,  as  aTT 
the  general  election,  when  you  will  get  a  true  expression  ot 
opinion  of  the  people  upon  the  work  «  f  this  convention,  and 
I  would  move  to  amend  it  in  that  manner. 

Mr.  HAY.  It  strikes  me  that  congress  would  not  be  very 
apt  to  pass  an  enabling  act  or  take  any  steps  until  they 
found  out  whether  or  no  the  people  wrere  going  to  raify  a  con- 
stitution that  fifty-five  men  make.  It  seems  to  me  that  we 
would  be  asking  congress  to  take  a  good  many  chances  that 
we  are  not  willing  to  take  ourselves.  It  seems  to  me  that  we 
will  be  forced  to  carry  out  the  plan  already  started  on,  and  we* 
will  mix  matters  up  very  much  if  we  attenmpt  to  deviate  fron* 
that  plan  now.  Besides  we  don't  know  how  this  New  Mexico 
plan  will  work. 

Mr.  CLARK.  For  the  purpose  of  hearing  the  matter  dis- 
cussed, I  second  Mr.  Teschemacher's  motion.  It  occurs  to  me 
if  we  call  on  congress  we  ought  to  be  prepared  to  send  in  our 
card  at  least,  and  this  constitution  is  the  best  card  we  can 
send  in,  and  a  large  majority  in  favor  of  this  constitution.  1 
believe  with  Mr.  Hay,  of  Laramie,  that  our  only  hope  before 
congress  this  winter,  or  any  other  winte[r,  is  to 'show  congress 
by  our  vote  that  the  people  of  this  territory  actually  want  to 
become  a  state. 

Mr.  BROWN.  I  just  want  to  add  that  if  we  should  go  to- 
congress  and  they  should  pass  an  enabling  act  ordering  an 
election  the  people  might  refuse  to  adopt  this  constitution. 
They  would  not  have  the  same  incentive  to  accept  it  whether 
they  liked  it  or  not  as  they  would  before  congress  acted.  Wo 
are  anxious  to  get  in  and  the  people  would  accept  it  as  satis- 
factory and  adopt  it. 

Mr.  TEQCEMACHER.  I  am  not  at  all  stuck  on  my  own 
motion.  I  merely  brought  up  this  subject  to  hear  the  differ- 
ences of  opinion  upon  it.  I  knew  that  New  Merico  had  adopt- 
ed just  such  a  plan,  and  it  does  not  seem  to  me  it. will  have  very- 
much  influence  on  congress  in  admitting  us  as  a  state  whether 
They  approve  of  the  constitution  these  fifty-five  men  havo 
drawn  up  or  not;  I  mean  to  say  that  won't  be  the  main  influ- 
ence that  will  be  considered;  they  will  admit  us  simply  on  the 
ground  of  our  being  able  to  take  care  of  ourselves,  and  it  seems. 


PROCEEDINGS  AND  DEBATES.  779 

to  me  that  the  matter  requires  a  little  more  consideration  than 
we  are  giving  it. 

Mr.  HAY.  I  just  want  to  suggest  another  thing.  Accord- 
ing to  the  first  plan  the  people  will  only  have  about  thirty  days 
to  consider  this  constitution.  Under  the  other  plan  they  might 
have  six  months,  and  they  might  not  adopt  it,  after  having  all 
that  tune  to  study  it, 

Mr.  BROWN.  I  suppose  that  each  and  every  member  ot 
this  convention  at  least  desires  that  our  work  should  amount 
to  something  when  it  is  done.  We  have  spent  now  almost  four 
weeks  in  the  service  of  the  beloved  public,  without  remunera- 
tion or  reward,  except  the  reward  that  comes  from  the  con- 
science of  every  one  for  a  duty  well  done,  and  1  believe  we  shall 
have  performed  our  duties  well  and  faithfully  when  this  con- 
vention adioiirns.  Now  we  want  this  work  to  amount  to 
something,  and  in  order  to  have  it  favorably  considered  we 
must  submit  the  constitution  for  adoption  as  early  as  possible, 
and  when  the  people  of  the  territory  of  Wyoming  have  said 
by  their  votes  that  they  are  satisfied  with  the  constitution,  and 
that  they  want  to  become  one  of  the  states  of  the  union,  con- 
gress will  admit  us.  Senator  Stewart,  when  here  the  other 
day,  said  that  if  we  would  prepare  our  constitution,  submit 
it  to  the  people,  have  it  ratified,  and  then  come  down  to  Wash- 
ington and  say  Wyoming  wants  to  be  a  state,  and  we  will  be 
a  state.  Now  let  us  go  down  there  in  just  that  way.  Let  us 
not  go  down  there  to  pass  an  enabling  act,  we  don't  care  any- 
thing about  this  enabling  act,  but  we  want  to  go  down  there 
demanding  admission,  and  when  we  demand  it  congress  will 
admit  us,  and  that  is  the  kind  of  an  enabling  act  we  want,  1 
take  it. 

Mr.  POTTER.  Upon  reflection  I  believe  the  word  "adop- 
tion" is  the  better  word,  and  I  will  withdraw  my  amendment. 

Mr.  CHAIRMAN.  Mr.  Potter  asks  leave  io  withdraw  his 
amendment.  Is  there  objection?  The  chair  hears  none;  the 
amendment  is  withdrawn. 

Mr.  TESCHEMACHER.  As  there  is  nobody  in  favor  of 
my  amendment  evidently,  everybody  having  spoken  against  it, 
with  the  consent  of  my  second  I  will  withdraw  it. 

Mr.  CHAIRMAN.  *  If  there  is  no  objection  ,Mr.  Tesche- 
ma  cherts  amendment  is  withdrawn. 

Mr.  HAY.  ,1  move  to  strike  out  the  words  "and  upon  sep 
arate  articles  or  propositions." 

Mr.  CHAIRMAN.  The  question  is  on  the  motion  to  strike 
out.  Are  you  ready  for  the  question?  All  in  favor  of  the  mo- 
tion will  say  aye;  contrary  no.  The  ayes  have  it;  the  motion 
prevails. 

Mr.  BURRITT.  I  move  to  strike  out  the  words  uor  against 
any  article  submitted  separately." 


CONSTITUTIONAL  CONVENTION. 

Mr.  CHAIRMAN.  Gentlemen,  you  have  heard  the  motion. 
Are  you  ready  for  the  question?  All  in  favor  of  the  motion 
will  say  aye;  contrary  no.  The  ayes  have  it;  the  motion  pre- 
vails. 

Mr.  RINER.  I  move  to  strike  out  the  word  "of  in  the  fifth 
line  and  insejrt  "for." 

Mr.  CHAIRMAN.  Gentlemen,  you  have  heard  the  motion. 
Are  you  ready  for  the  question?  All  in  favor  of  the  motion 
will  say  aye;  contrary  no.  The  ayes  have  it;  the  motion  pre- 
vails. Any  further  amendments? 

(Reading  of  Sees.  7  and  8.) 

Mr.  JEFFREY.  There  is  one  thing  in  Sec.  8  to  which  I  de- 
;sire  to  call  the  attention  of  the  convention  at  this  time,  because 
there  was  considerable  discussion  on  the  subject  among  the 
members  of  the  committee  at  the  time  this  was  drawn,  ana 
that  is  as  to  the  length  of  the  time  for  calling  the  first  election, 
.as  to  this  forty  days  and  ninety  days. 

Mr.  BAXTER  I  move  to  strike  out  in  the  eighth  line  of 
this  section  the  word  "ninety"  and  insert  ''one  hundred  and 
-twenty.' 

Mr.  MORGAN.    Second  the  motion. 

Mr.  CHAIRMAN.  Gentlemen,  the  motion  is  to  strike  out 
"ninety"  and  insert  "one  hundred  and  twenty"  in  lieu  thereof. 
All  in  favor  of  the  amendment  will  say  aye;  contrary  no.  The 
noes  have  it ;  the  amendment  is  lost.  Any  further  amendments 
to  Sec.  8? 

(Reading  of  Sees.  9  and  10.) 

Mr.  1.5URRITT.    £  move  to  insert  the  words  "of  the  territory'- 
after  the  word  "secretary." 

Mr.  CHAIRMAN.  Gentlemen,  you  have  heard  the  motion. 
Are  you  ready  for  the  question?  All  in  favor  of  the  motion 
will  say  aye;  contrary  no.  The  ayes  have  it;  the  motion  pre- 
vails. 

(Reading  of  Sec.  11.) 

Mr.  JOHNSTON.  Is  it  necessary  that  the  legislature 
should  take  this  oath  until  it  convenes?  I  would  move  to 
amend  by  inserting  after  the  word  "election"  the  words  "ex- 
cept members  of  the  legislature." 

Mr.  CHAIRMAN.  Gentlemen,  you  have  heard  the  motion. 
Are  you  ready  for  the  question? 

Mr.  BURRITT.  I  don't  believe  that  is  necessary.  As  a 
general  rule  members  of  the  legislature  take  Hieir  oaths  when 
they  are  legally  convened  as  a  legislative  body,  and  the  mem- 
bers of  the  first  legislature  of  the  state  would  not  be  officers  of 
the  state  until  they  do  convene. 

Mr.  CHAIRMAN.  Are  you  ready  for  the  question?  All 
in  favor  of  the  amendment  will  say  aye;  contrary  no.  The 
ayes  have  it ;  the  amendment  is  adopted. 


PROCEEDINGS  AND  DEBATES.  781 

(Reading  of  Sec.  12.) 

Mu.  BAXTER.  I  move  to  insert  in  the  sixth,  line  after  the 
word  "legislature"  the  words  "in  joint  session." 

Mr.  CHAIRMAN.  Gentlemen,  you  have  heard  the  motion.. 
Are  you  ready  for  the  Question?  All  in  favor  of  the  motion 
will  say  aye;  contrary  no.  The  ayes  have  it;  the  motion  pre- 
vails. 

(Reading  of  Sees.  13,  14  and  15.) 

Mr.  BAXTER.  Should  not  there  be  a  substitution  of  the- 
word  "state"  on  both  of  these  seals.?  I  believe  they  all  bear 
the  word  "territory"  now. 

Mr.  BROWN.  As  I  understand  it  this  was  simply  to  pro- 
vide that  these  be  used  until  we  can  procure  new  ones. 

(Reading  of  Sees.  17  and  18.) 

Mr.  JEFFREY.  The  committee  desires  to  present  at  this- 
time  three  additional  sections  covering  ground  not  provided 
for  in  the  schedule  itself. 

(Reading  of  Sec.  19.) 

Mr.  CHAIRMAN.  Is  there  any  objection  to  Sec.  19?  The- 
chair  hears  none.  Sec.  20  wTill  be  read. 

(Reading  of  Sec.  20.) 

Mr.  CAMPBELL.  It  does  not  seem  to  me  that  is  right.  If 
we  are  admitted  in  1890  the  next  session  of  the  legislature 
would  be  1892,  and  under  this  that  would  have  to  be  omit- 
ted, and  we  would  have  to  go  until  1894  until  we  could  have 
another. 

Mr.  CLARK.  Suppose  we  go  in  in  July,  under  this  section 
our  next  election  in  November  would  not  be  held  for  two- 
years. 

Mr.  POTTER,  I  think  to  follow  out  the  idea  of  the  commit- 
tee we  should  say  "that  the  election  that  should  otherwise  be 
held  on  the  first  Tuesday  next  following  the  first  Monday  in 
November,  1890,  should  be  omitted."  I  think  that  will  follow 
out  the  idea  of  the  committee. 

Mr.  HAY.  I  think  that  would  fix  it,  or  you  might  put  in  a- 
provision  if  the  time  to  elapse  between  the  date  of  admissioir 
and  the  next  regular  election  shall  be  more  than  one  year  that 
the  election  shall  be  held,  but  not  if  less." 

Mr.  TESCEMACHER.  Put  it  in  writing,  Mr.  Hay,  so  we* 
can  understand  it. 

Mr.  CHAIRMAN.  Gentlemen,  you  have  heard  the  motion. 
Are  you  ready  for  the  question?  All  in  favor  of  the  motion 
will  say  aye ;  contrary  no.  The  chair  is  in  doubt.  All  those  in- 
favor  of  the  motion  will  rise  and  stand  until  counted — 16.- 
Those  opposed — 2.  The  motion  prevails.  Any  further  amend- 
ments ? 

(Reading  of  Sec.  22.) 

Mr.  POTTER.    1  move  to  strike  that  out.    I  don't  believe  ilr, 
is  needed. 


782  CONSTITUTIONAL  CONVENTION. 

Mr.  RINER.    Second  the  motion. 

Mr.  CHAIRMAN.  It  is  moved  that  the  proposed  Sec.  22 
be  stricken  out.  The  question  is  on  the  motion  to  strike  out. 
Are  YOU  ready  for  the  question? 

Mr.  POTTER.  I  believe  I  am  against  my  own  motion,  and 
I  think  I  can  at  last  see  the  meaning  of  that  section.  If  we 
come  in  next  year  we  will  have  a  special  session  called  by  the 
governor  next  summer.  Under  our  constitution  we  would 
have  a  session  of  the  legislature  in  January.  I  think  this  is 
to  prevent  having  two  sessions  of  the  legislature  within  three 
or  four  months.  With  the  consent  of  my  second  I  withdraw 
my  motion. 

Mr.  CHAIRMAN.    The  section  is  now  offered  in  this  shape. 
"The  regular  session  of  the  legislature  that  would  otherwise 
convene  on  the  second  Tuesday  in  January,  1891,  shall  be  omit- 
ted."   The  question  is  on  the  adoption  of  Sec.  22.    Are  you 
ready  for  the  question? 

Mr.  TESCHEMACHER.  I  am  sorry  to  discuss  this  ques- 
tion again,  but  it  does  seem  to  me  that  you  have  now  provided 
in  case  congress  does  not  let  us  in  this  winter,  under  this  act, 
that  all  the  work  of  this  convention  was  done  for  nothing.  If 
you  do  not  make  any  definite  date;  this  work  would  be  good 
until  we  do  go  in,  without  calling  another  convention.  Sup- 
pose this  is  ratified.  Just  as  soon  as  that  is  decided  and  we 
get  in,  everything  this  convention  has  done  is  accented. 

Mr.  IRVINE.  Why  should  it  not  be  left  open,  in  view  of 
the  impossibility  of  framing  a  section  to  fit  the  case? 

Mr.  FOX.  It  seems  to  me  that  this  could  be  avoided  by 
saying  "Provided  the  admission  of  this  territory  shall  be  in  an 
even  numbered  year  the  legislature  then  should  convene  in  the 
next  odd  numbered  year  shall  be  omitted." 

Mr.  CLARK.  I  move  this  section  be  referred  to  the  com- 
mittee on  education. 

Mr.  CHAIRMAN.  Thegentleman  is  out  of  order.  The  ques- 
tion is  upon  the  adoption  of  the  section.  All  those  in  favor  of 
the  motion  will  say  aye;  contrary  no.  The  chair  is  in  doubt. 
All  those  in  favor  of  the  motion  will  rise  and  stand  until 
counted — 1C.  Those  opposed — 9.  The  ayes  have  it;  the  section 
is  adopted. 

!Tliis  disposes  of  File  89,  if  there  are  no  further  amend- 
ments. 

Mr.  POTTER.  I  move  the  adoption  of  an  additional  sec- 
tion. "The  legislature  at  its  first  session  shall  provide  for  the 
election  of  all  county  and  precinct  officers,  to  be  held  as  soon 
as  practicable." 

Mr.  CHAIRMAN.  Gentlemen,  you  have  heard  the  motion. 
Are  you  ready  for  the  question? 

Mr.  POTTER.  I  desire  to  explain  the  reason  for  that  sec- 
tion. In  this  schedule  we  have  provided  for  an  election  for 


PROCEEDINGS  AND  DEBATES.  783 

state  and  district  officers,  and  district  judges,  and  the  reason 
we  made  no  provision  for  the  election  of  county  officers  was 
the  very  evident  one  that  in  this  constitution  we  have  omitted 
to  provide  for  any  county  officers.  A  section  was  adopted  pro- 
viding that  the  legislature  shall  provide  for  the  various  county 
officers.  That,  is  left  to  the,  legislature  according  to  our  pres- 
ent action,  and  we  have  provided  for  no  election  of  county  offi- 
cers. This  schedule  provides  that  the  officers  of  the  territory 
shall  hold  their  offices  for  their  full  term  and  until  their  succes- 
sors are  elected;  this  schedule  provides  that  the  election  next 
November  at  which  county  officers  will  be  elected,  shall  be 
omitted,  so  I  offer  this  section  providing  that  the  legislature 
at  its  first  session,  at  w^hich  it  will  provide  the  different  county 
officers,  shall  also  provide  for  calling  an  election  for  those  offi- 
cers. It  seems  to  me  necessary  that  we  have  something  of 
this  kind  in  the  schedule. 

Mr.  ROLLER.  It  seems  to  me^  this  whole  difficulty  could  be 
reached  without  a  special  election.  We  have  provided  here 
that  at  the  first  state  election  the<re  shall  be  elected  in  each 
county  officers  for  the  county,  and  provide  also  that  they  shall 
not  qualify  until  the  expiration  of  the  county  officers'  terms 
.holding  their  offices  under  the  territorial  law.  The  only  dif- 
f  A.rence  would  be  that  the  first  county  officers  would  have  a 
two  year  term,  whereas  the  state  officers  would  have  two  years 
and  a  half,  and  thus  we  would  save  the  expense  of  an  election. 
We  provide  that  the  state  officers  shall  qualify  within  thirty 
days,  and  we  can  provide  that  the  county  officers  shall  qualify 
on  the  first  Monday  of  January  following,  as  provided  by  law  ,- 
.at  the  expiration  of  the  term  under  the  territorial  law,  but 
they  could  be  elected  at  the  time  of  the  state  election. 

Mr.  POTTEE.  I  am  glad  to  see  the  convention  is  coming  to 
-a  state  of  repentance.  It  may  be  within  the  remembrance  ol 
some  that  the  very  committee  of  which  Mr.  Riner  was  a  mem- 
ber, presented  a  report  here  upon  the  counties,  and  they  failed 
to  provide  for  any  county  officers  whatever.  The  last  section 
provided  that  the  creation  of  county  officers  should  be  left  to 
the  legislature  entirely.  At  that  time  I  offered  an  amendment 
providing  for  certain  county  officers  and  leaving  the  rest  to 
the  legislature,  but  the  convention  voted  it  down.  I  think  you 
are  coming  to  the  state  of  seeing  the  necessity  of  providing 
for  certain  county  officers. 

Mr.  BROWN.  I  don't  think  we  want  this  at  all.  We  have- 
provided  that  the  laws  shall  remain  in  force  after  we  become 
.•a  state.  Among  the  laws  of  the  territory  there  is  a  law  which 
provides  for  county  officers,  and  that  law  will  continue  in 
force  until  the  state  legislature  shall  change  it. 

Mr.  COFFEEN.  I  think  I  favor  Mr.  Potter's  amendment, 
for  it  provides  that  the  legislature  shall  not  only  provide  for 
:an  election,  but  sli»all  call  that  election  as  early  as  practicable. 


784  CONSTITUTIONAL  CONVENTION 

Mr.  POTTER  I  move  this  committee  now  rise,  report  pro- 
gress and  ask  leave  to  sit  again. 

Mr.  TESCHEMACHER.  I  move  when  this  committee  rise 
it  report  this  article!  on  schedule  back  to  the  committee  to 
bring  in  something  that  we  can  understand. 

Mr.  BROWN.  I  rise  to  a  point  of  order.  The  motion  made 
by  the  gentleman  to  report  back  to  the  committee  to  bring  in 
something  wre  can  understand  was  .not  only  impertinent  but 
was  not  in  order.  I  now  move  when  this  committee  arise  it 
report  back  File  89  with  the  amendments  offered  thereto  to 
the  convention  with  the  recommendation  that  it  be  adopted  as 
a  part  of  the  constitution. 

Mr.  RiINER.  I  move  that  this  committee  arise  and  ask 
leave  to  sit  again,  and  that  we  have  the  matter  of  this  file  re- 
ferred to  the  committee  for  the  purpose  of  preparing  a  new  sec- 
tion to  meet  this  question  of  county  officers.  I  think  it  can 
be  done  better  there  than  here  in  committee  of  the  whole. 

Mr.  CHAIRMAN.  Gentlemen,  you  have  heard  the  motion.. 
Are  you  ready  for  the  question?  All  in  favor  of  the  motion 
will  say  aye;  contrary  no.  The  ayes  have  it;  File  89  will  be  re- 
ferred, back  to  the  committee  on  schedule,  with  the  Draoosed: 
Sec.  23. 

The  next  file  is  No.  90,  concerning  boards  of  arbitration. 

(Reading  of  the  file.) 

Mr.  RINER.  I  move  when  this  committee  arise  it  report 
back  this  file  to  the  convention  with  the  recommendation  that 
it  do  pass. 

Mr.  CHAIRMAN.  As  many  as  favor  the  motion  will 
say  aye;  contrary  no.  The  ayes  have  it;  the  motion  prevails. 

Mr.  BURRITT.    I  move  this  committee  now  rise  and  report, 

Mr.  CHAIRMAN.  Gentlemen,  you  have  heard  the  motion. 
Are  you  ready  for  the  question?  All  in  favor  of  the  motion 
will  say  aye;  contrary  no.  The  ayes  have  it;  the  committee 
will  now  rise. 

Mr.  PRESIDENT.  The  secretary  will  read  the  report  of 
the  committee,  and  as  it  is  quite  long,  I  hope  the  gentlemen 
will  give  careful  attention,  so  we  may  get  through  as  soon  as 
possible. 

(Reading  of  the  report.) 

Mr.  PRESIDENT.  Gentlemen  of  the  convention,  what  will 
you  do  with  the  report  of  your  committee? 

Mr.  JOHNSTON.    (I  move  it  be  adopted. 

Mr.  PRESIDENT.  All  in  favor  of  adopting  the  report  of 
the  committee  will  say  aye;  contrary  no.  The  ayes  have  it; 
the  report  is  adopted. 

File  No.  86,  File  87,  and  substitute  for  Files  5,  0  and  64,  and 
File  No.  90  will  be  referred  to  the  committee  on  engrossment. 

Mr.  TESCHEMACHER.  If  possible  I  would  like  to  ask 
that  these  files  be  considered  engrossed,  so  they  can  be  finally 


PROCEEDINGS  AND  DEBATES.  785 

read  in  the  morning.  We  have  got  a  great  deal  of  work  to 
do,  and  if  possible  I  should  like  to  have  these  considered  en- 
grossed. 

Mr.  PRESIDENT.  It  is  moved  by  Mr.  Teschemacher 
that  these  files  be  considered  engrossed.  All  who  are 
in  favor  of  the  motion  will  say  say  aye;  contrary  no.  The  ayes 
have  it;  the  motion  prevails. 

Mr.  COFFEEN.  There  is  one  matter  I  think  we  have  been 
overlooking;  the  question  was  raised  here  the  other  day  on 
the  appointment  of  a  committee  on  address  to  the  people. 

Mr.  BURRITT.  I  move  that  the  president  of  this  conven- 
tion be  authorized  to  appoint  a  committee  of  ten  members  on 
address  to  the  people,  and  also  a  committee  to  prepare  an  ad- 
dress to  congress. 

Mr.  PRESIDENT.  Gentlemen,  you  have  heard  the  motion. 
Are  you  ready  for  the  question?  All  in  favor  of  the  motion 
will  say  aye;  contrary  no.  The  ayes  have  it;  the  motion  pre- 
vails. 

Mr.  jCOFFEEN.  I  think  that  such  a  committee  ought  to 
be  appointed  tonight  before  we  adjourn. 

Mr.  BURRITT.  I  don't  see  any  occasion  to  wait  for  the  ap- 
pointment of  that  committee  tonight,  it  should  be  carefully  se- 
lected, and  I  think  it  need  not  be  done  tonight,  as  the  commit- 
tee would  not  do  any  work  before  tomorrow. 

Mr.  CAMPBELL.  ,1  move  we  now  adjourn  until  9  o'clock 
tomorrow. 

Mr.  JOHNSTON.    Second  the  motion. 

Mr.  PRESIDENT.  Gentlemen,  you  have  heard  the  motion. 
Are  you  (ready  for  the  question?  All  in  favor  of  the  motion 
will  say  aye;  contrary  no.  The  ayes  have  it;  the  convention 
will  now  adjourn  until  9  o'clock  tomorrow  morning. 


TWENTY-THIRD  DAY. 
MORNING  SESSION. 


Friday,  Sept.  27,  1889. 
Convention  reassembled  at  10  a.  in. 
President  Brown  in  the  chair. 
Mr.  PRESIDENT.    Convention  come  to  order. 
Prayer. 
Roll  call. 

Reading  of  the  journal. 
— 50 


yS6  CONSTITUTIONAL  CONVENTION. 

Mr.  PRESIDENT.  Any  corrections  to  the  journal  as  read? 
There  being  no  objection  the  record  will  stand  approved  as 
read. 

Gentlemen,  for  a  committee  to  frame  an  address  to  be  pre- 
sented to  the  people  with  this  constitutor!  I  have  made  the  fol- 
lowing appointments: 

(See  journal  page  102.) 

Mr.  FOX.    I  move  the  president  be  appointed  as  one  of  the 
members  of  this  committee. 

Mr.  BROWN.  I  would  be  glad  if  the  convention  would  ex- 
cuse me  from  acting  however.  I  am  willing  to  do  anything  to 
help. 

Mr.  HOYT.  I  think  it  eminently  proper  that  the  president 
of  this  convention  should  stand  at  the  head  of  the  com- 
mittee to  issue  the  address  to  the  people,  and  I  should  be  very 
glad  if  Mr.  Riner  will  put  the  motion  to  that  effect. 

Mr.  RINER.  Gentlemen,  you  have  heard  the  motion. 
Those  favoring  the  motion  will  say  aye;  contrary  no.  The  mo- 
tion is  unanimously  carried. 

Mr.  PRESIDENT.    Your  unanimity  shows  your  great  kind- 
ness to  your  president,  and  though  it  makes  his  labors  a  little 
more,  I  will  be  glad  to  serve  you  in  any  way  I  can.    I  have  re- 
ceived the  following  communication  which  I  will  read: 
To  the  President  of  the  Constitutional  Convention : 

If  the  duties  which  now  chlim  the  attention  of  yourself  and 
your  colleagues  of  the  convention  should  necessitate  your  re- 
maining in  Cheyenne  over  Sunday,  the  29th,  I  would  cordially 
invite  the  body  to  attend  services  at  the  Methodist  Episcopal 
church,  on  the  29th,  at  7:30  p.  m. 

Very  ResDectfully, 
S.  ALONZO  BRIGHT,  Pastor. 

I  have  also  received  a  letter  that  should  perhaps  receive 
some  attention,  signed  jby  R.  iC.  Wylie,  Secretary  of  the  Na- 
tional Reform  Association,  Philadelphia.  The  matter  referred 
to  in  the  letter  concerns  more  particularly  to  the  preamble  of 
the  constitution  than  most  anything  else,  and  without  reading 
it,  and  without  troubling  the  convention  with  its  contents,  and 
in  order  to  dispose  of  it,  if  there  iss  no  objection  I  will  refer  it 
to  the  committee  on  preamble.  Is  there  objection?  The  chair 
hears  no  objection,  and  it  is  so  referred.  I  don't  suppose  this 
convention  desires  to  hear  it  read  at  this  time. 

Are  there  any  memorials  or  petitions  to  be  presented  this 
morning?  Any  propositions?  Any  reports  of  committees? 
Is  there  any  select  committee  desiring  to  report  this  morning? 
Final  reading.  There  is  upon  the  general  file  for  final  read- 
ing this  morning  substitute  for  Files  7,  26,  27,  41,  54  and  55, 
taxation,  revenue  and  public  indebtedness.  The  bill  has  been 
engrossed  and  is  returned  for  final  action.  Are  there  any 
amendments  to  be  made  to  the  file? 


PROCEEDINGS  AND  DEBATES.  787 

Mr.  POTTER  My  attention  has  been  called  to  Sec.  10  of 
the  revenue  bill,  in  reference  to  the  depositing  of  money,  and 
it  has  been  suggested  to  me  that  in  that  section  a  construc- 
tion might  be  given  to  it  which  would  prevent  the  state, 
cities,  counties,  etc.,  from  depositing  their  money  in  more  than 
one  bank,  and  it  should  be  so  amended  that  it  can  be  deposited 
in  more  than  one  bank,  of  course,  getting  proper  security  from 
the  various  banks.  In  order  to  bring  it  before  the  convention 
I  move  to  amend  by  adding  after  the  word  "bank"  the  words 
•"or  banks,"  so  that  it  shall  read  "be  deposited  in  a  national 
bunk  or  banks." 

Mr.  PRESIDENT.  Is  there  any  objection  to  the  section 
being  so  amended?  If  not  it  will  be  amended  by  unanimous 
consent. 

Mr.  FOX.  I  would  like  to  offer  an  amendment  to  Sec.  15. 
I  propose  to  amend  this  section  by  inserting  after  the  words 
"public  libraries"  "lots  with  the  buildings  thereon,  used  ex- 
clusively for  religious  worship,  church  parsonages  and  public 
cemeteries." 

Mr.  SUTHERLAND.    Second  the  motion. 

Mr.  FOX.  (I  think  that  it  is  nothing  more  than  right  when 
we  send  out  this  constitution  to  the  people  of  Wyoming,  that 
we  should  protect  our  religious  properties,  and  that  we  should 
protect  our  burying  grounds,  in  leaving  these  matters  open  we 
don't  know  what  will  happen  to  them  in  the  future.  Some  of 
us  have  buried  our  dearest  and  best  friends  out  in  the 
burying  ground,  and  I  think  it  is  no  more  than  right  that  this 
constitution  should  make  a  provision  whereby  these  places  can 
always  remain  as  a  burying  ground,  and  not  subject  to  any 
provisions  that  may  hereafter  take  place.  It  may  come  round 
in  the  future  to  so  tax  these  cemeteries  that  they  shall  be  turn- 
ed into  ground.  I  think  as  long  as  we  make  provision  that  all 
property  shall  be  taxed  here,  it  is  right  and  just  that  we  should 
make  this  provision  in  regard  to  church  property.  In  looking 
over  this  convention  I  think  that  the  sentiment  of  this  conven- 
tion is  in  favor  of  this  proposition.  If  it  is  left  the  way  it  is, 
it  is  left  in  such  a  position  that  theire  is  a  chance  for  the  oppo- 
sition to  our  churches  to  gain  a.  strong  foothold.  If  that  ele- 
ment should  get  control  of  our  future  legislatures  they  would 
have  it  in  their  power  to  impose  a  tax  upon  our  churches,  who 
have  all  they  can  do  nowr  to  struggle  and  get  along,  to  impose 
a  tax  that  would  close  them  up,  or  most  of  them,  and  I  think 
it  is  the  duty  of  this  convention  to  make  this  exception.  For 
my  part  I  want  to  place  my  record  in  these  proceedings  in  fa- 
vor of  this  amendment,  and  I  want  to  get  it  before  the  people 
of  this  territory  and  of  this  Unite**  States.  I  ask  that  the 
amendment  be  adopted. 

Mr.  HAY.     Second  the  motion. 


788  CONSTITUTIONAL  CONVENTION. 

Mr.  PRESIDENT.  The  question  is  on  the  adoption  of  the 
amendment.  Are  YOU  ready  for  the  question? 
Mr.  FOX.  I  call  for  the  ayes  and  nays. 
Mr.  PRESIDENT.  The  ayes  and  nays  are  called  for  on  the 
amendment.  All  in  favor  of  the  motion  will  say  aye;  those  op- 
posed no.  The  ayes  have  it.  A  call  for  the  ayes  and  nays  is 
ordered.  The  question  is  on  the  adoption  of  the  amendment 
of  the .  gentleman  from  Albany,  Mr.  Fox.  All  AV!IO  are  of  the 
opinion  that  the  amendment  be  adopted  will  say  aye  as  their 
names  are  called;  those  of  the  opposing  opinion  will  say  no. 
The  secretary  will  call  the  roll. 

Mr.  GRANT.    It  seems  to  me  as  that  is  now  it  leave's  it 
open  to  the  legislature  to  exempt  any  property. 

Mr.  PRESIDENT.  There  is  no  change  except  that  certain 
property  be  exempted. 

Mr.  BURRITT.  For  the  reason  that  I  believe  that  the  con- 
stitution should  exempt  nothing  except  what  is  required  to  be 
exempted,  and  the  balance}  left  to  the  legislature  to  exempt 
from  time  to  time  as  it  may  see  fit.  I  vote  no. 

Mr.  PRESIDENT.  Are  there  any  further  amendments  de- 
sired to  the  file? 

Mr.  TESCHEMACHER.  I  wish  to  change  my  vote  on  the 
question.  I  thought  we  were  taking  the  ayes  and  noes  on  the 
bill  and  not  on  the  amendment.  j[  vote  aye. 
.  Mr.  PRESIDENT.  Gentlemen,  your  vote  upon  the  proposed 
amendment  is  as  follows:  Ayes,  24;  noes,  3;  absent,  22.  By 
your  vote  you  have  adopted  the  amendment. 

The  chair  will  announce  to  the  convention  at  this  time  the 
committee  on  address  to  congress. 
(See  journal  page  102.) 

Mr.  CAMPBELL.  I  give  notice  that  I  shall,  before  this  con- 
vention finally  adjourns,  call  up  this  question :  That  the  conven- 
tion select  ten  members  to  go  to  Washington  to  urge  the  ad- 
mission of  Wyoming  into  the  union  as  a  state.  I  make  this  an- 
nouncement in  order  that  the  convention  can  look  around  and 
see  who  are  the  best  persons  to  select  to  go  to  Washington. 

Mr.  PRESIDENT.  I  suppose  the  gentleman  would  not  ob- 
ject to  including  in  his  motion  to  appoint  such  committee  that 
the  selection  of  the  members  should  be  made  from  both  polit- 
ical parties. 

Mr.  CAMPBELL.     Certainly. 

Mr.  PRESIDENT.  The  secretary  will  read  the  file  at 
length. 

(Final  reading  of  the  substitutes  for  Files  No.  7,  26,  27,  41, 
54  and  55.) 

The  question  is  on  the  adoption  of  the  file  as  amended  and 
as  read. 

Mr.  PALMER,    I  move  a  call  of  the  house. 
Mr.  BAXTER,  Second  the  motion. 


PROCEEDINGS  AND  DEBATES.  789 

Mr.  PRESIDENT.  Shall  a  call  of  the  house  be  ordered? 
All  in  favor  of  the  motion  will  say  aye;  contrary  no.  The  call 
will  proceed. 

(Call  of  the  house.) 

Mr.  PALMER.  I  move  that  further  proceedings  under  the 
call  be  dispensed  with. 

Mr.  PRESIDENT.  It  is  moved  that  further  proceedings 
under  the  call  be  dispensed  with.  If  there  is  no  objection,  it  is 
so  ordered. 

The  question  is  upon  the  adoption  of  the  substitute  to  Files 
7,  26,  27,  41,  54  and  55.  All  those  who  are  of  the  opinion  that 
the  substitute  be  adopted  as  a  part  of  the  constitution  will 
say  aye  as  their  names  are  called;  those  of  the  oposin^  opin- 
ion will  say  no.  The  secretary  will  call  the  roll. 

(Call  of  the  roll.) 

Mr.  TESCHEMACHER.  As  I  consider  this  a  direct  blow 
at  itlhe  future  development  of  the  state,  I  vote  no. 

Mr.  PRESIDENT.  Gentlemen,  your  vote  on  the  adoption 
of  the  file  as  read  is  as  follows:  Ayes,  30;  noes,  1;  absent,  IS. 
By  your  vote  you  have  adopted  the  file  as  a  part  of  the  consti- 
tution of  the  state.  The  file  as  now  amended  is  referred  to  the 
committee  on  revision. 

(Final  reading  of  File  86.) 

The  printed  file  as  amended  was  made  the  engrossed  bill, 
and  will  now  be  read  as  amended.  Are  there  any  amendments 
to  be  suggested  before  the  final  reading  of  the  file  is  had? 

Mr.  JOHNSTON.  I  would  like  to  suggest  the  following 
amendment  to  Sec.  3,  by  adding  the  w^ords  "and  territorial 
engineer."  My  reason  for  this  is  that  in  Colorado  I  know  that 
the  territorial  engineer  has  been  called  on  constantly  by  the 
board  of  land  commissioners  for  his  assistance.  It  is  absolute- 
ly necessary  that  some  official  of  this  kind  should  be  employed, 
and  as  there  is  no  other  official  of  that  kind,  I  believe  the  ter- 
ritorial engineer  should  be  a  member  of  this  board,  and  should 
have  a  voice  on  this  board. 

Mr.  HAY.    Second  the  motion. 

Mr.  GRANT.  I  would  like  to  make  an  amendment  to  that 
motion  by  striking  out  the  wrord  "governor"  and  inserting 
"state  engineer."  I  think  it  is  well  to  have  the  state  engineer 
appointed  to  this  place,  but  /I  don't  think  the  governor  is  nec- 
essary. 

Mr.  PRESIDENT.  The  gentleman  from  Albany  moves  to 
strike  out  the  word  "governor"  in  the  first  line  of  the  section 
and  insert  "state  engineer."  Mr.  Johnston  accepts  the  amend- 
ment. Are  you  ready  for  the  question? 

Mr.  FOX.  I  object  to  appointing  any  appointed  man  to 
manage  the  affairs  of  our  public  lands.  I  believe  in  appointing 
a  man  on  this  commission  who  is  elected  by  the  people.  The 


790 


CONSTITUTIONAL  CONVENTION. 


idea  of  appointing  a  man  who  is  appointed  by  some  other 
man  I  think  is  preposterousu 

Mr.  JOHNSTON.  I  can't  see  any  reason  in  the  gentleman's 
argument.  The  idea  is  to  get  those  men  who  are  most  compe- 
tent for  this  work,  and  I  don't  think  there  is  any  one  more  com- 
petent1 than  the  state  engineer.  He  will  probajbly  go  out  a 
great  deal  more  upon  the  land  than  the  governor  or  any  other 
person  connected  with  the  board.  My  reason,  as  I  said  before,, 
for  submitting  this  amendment,  is  that  I  personally  know  that 
the  services  of  the  Colorado  engineer  have  been  called  for  tfy 
this  board  time  and  time  again,  I  have  it  from  a  member  of  the 
board  himself,  and  he  stated  that  if  wre  make  the  state  engin- 
eer <a  member  of  this  board  here  it  would  be  a  move  in  the 
right  direction. 

Mr.  HOPKINS.  It  strikes  me  that  this  territorial  engineer 
is  to  a  certain  extent  elected,  or  at  least,  approved  by  the  peo- 
ple. The  people  elect  the  governor,  and  it  is  to  the  best  inter- 
ests of  the  people  that  he  should  appoint  the  best  man  for  the 
place,  and  fl  think  it  is  proper  that  the  state  engineer  should 
have  a  place  on  this  commission. 

Mr.  POTTER.  I  am  sorry  the  amendment  has  gotten  into 
the  shape  it  has.  I  would  like  to  see  the  state  engineer  on  this 
board,  but  I  also  think  it  eminently  proper  that  the  governor 
should  also  have  a  place.  He  is  the  head  of  the  department, 
and  elected  by  the  people,  and  has  a  more  thorough  knowledge 
of  the  affairs  of  the  state  than  any  other  man,  and  is  directly 
responsible  to  the  people  for  his  actions,  and  I  object  to  this  as 
it  now  is. 

Mr.  GRANT.  I  think  the  state  engineer  would  certainty 
be  a  better!,  man  than  any  other  man,  and  he  ought  to  be  on 
the  board,  and  I  don't  think  the  governor  ought  to  be  on  the 
board  with  the  man  he  appoints. 

Mr.  PRESIDENT.  Will  the  gentleman  from  Albany  permit 
me  to  ask  him  a  question  ?  Would  not  the  governor,  if  not  a 
member -of  the  board,  have  an  opportunity  to  select  appointee* 
in  the  interest  of  a  job,  just  as  well  as  if  he  was  a  member  of 
the  board,  and  by  not  being  a  member  of  the  board  himself 
relieve  himself  of  the  responsibility  and  still  stand  in  with  the 
job?  The  question  is  on  the  amendment  to  strike  out  "gov- 
ernor" and  insert  "state  engineer."  All  those  in  favor  of  the 
motion  will  say  aye;  contrary  no.  The  chair  is  in  doubt.  Ail 
those  in  favor  of  the  amendment  will  rise  and  stand  until 
counted — 13.  Those  opposed  will  rise  and  stand  until  counted 
— 14.  In  the  negative.  The  motion  is  lost. 

Mr.  JOHNSTON.  I  now  propose  the  original  amendment,. 
that  "state  engineer"  be  inserted  after  the  word  ••instruction" 
in  the  first  line. 

Mi\  McCANDLISH.    Second  the  motion. 


PROCEEDINGS  AND  DEBATES.  791 

Mr.  PRESIDENT.  The  question  is  on  the  motion  to  insert 
"state  engineer"  after  the  word  "instruction"  in  the  iirst  line. 
Are  you  ready  for  the  question? 

Mr.  COFFEEN.  (I  am  radically  opposed  to  this  amend 
ment,  it  puts  foiir  members  on  the  board,  the  governor  and  his 
own  appointee,  and  certainly  adds  nothing-  to  the  bill.  By 
simply  stating  these  points  I  believe  the  amendment  will  be 
voted  down. 

Mr.  PRESIDENT.  Any  further  remarks?  The  chair 
hears  none.  Tho  question  is  on  the  motion  to  insert.  All  in 
favor  of  the  motion  will  say  aye;  contrary  no.  The  noes  seem, 
to  have  it.  A  division  is  called  for.  Those  in  favor  of  the  mo- 
tion to  insert  the  name  of  the  "state  engineer"  will  stand  until 
counted — 8.  Those  opposed  will  rise  and  stand — 16.  The  mo- 
tion is  lost. 

Mr.  HAY.  I  now  move  to  insert  after  the  words  secretary 
of  state  uand  such  other  officials  as  the  legislature  may  des- 
ignate, shall  constitute  the  board." 

Mr.  JOHNSTON.    Second  the  motion. 

Mr.  PRESIDENT.  Are  you  ready  for  the  question?  All 
in  favor  of  the  motion  will  say  aye;  contrary  no.  A  division  is 
called  for.  All  in  favor  of  the  motion  wrill  rise  and  stand  until 
counted — 10.  Those  opposed — 13.  In  the  negative.  The  mo- 
tion is  lost.  Any  further  amendments  desired  to.  the  file?  The 
file  will  now  be  read  at  length. 

(Final  reading  of  File  No.  86.) 

The  question  is  upon  the  adoption  of  the  file.  All  who  are 
of  the  opinion  that  File  86  be  adopted  will  say  aye  as  their 
names  are  called;  those  opposed  will  say  no.  The  secretary 
will  call  the  roll. 

Gentlemen,  the  vote  upon  File  86  is  as  follows:  Ayes,  29; 
noes,  none;  absent,  20.  By  your  vote  you  have  adopted  File  86 
as  a  part  of  the  constitution  for  the  state  of  Wyoming. 

The  question  is  now  upon  the  final  reading  and  passage  of 
File  87,  concerning  coal  mines.  The  file  is  open  for  amend- 
ments, the  printed  bill  is  taken  as  the  engrossed  copy  and  will 
be  read  the  third  time.  Any  amendments  suggested  to  the 
file? 

Mr.  NICKERSON.  I  move  to  amend  by  restoring  the  word 
"coal,"  the  word  stricken  out  by  the  committee  of  the  whole 
yesterday,  in  Sec.  3,  line  two. 

Mr.  PRESIDENT.  The  gentleman  moves  to  insert  "coal" 
in  the  second  line  of  Sec.  3,  between  the  words  "any"  and 
"mine."  Are  you  ready  for  the  question? 

Mr.  HOPKINS.  'I  would  like  to  ask  the  gentleman  if  it 
is  more  desirable  to  have  women  and  girls  employed  in  ore 
mines,  gold  mines,  than  in  coal  mines?  Where  does  the  dis- 
tinction come  in?  I  don't  sen  where  the  point  is,  if  it  is  de- 
sirable to  prevent  the  employment  of  children  or  women  1 


792 


CONSTITUTIONAL  CONVENTION. 


don't  see  why  it  should  not  apply  to  ore  mines  as  well  as  coal 
mines. 

Mr.  HAY.  I  don't  see  any  reason  why  it  should  not  ap- 
ply to  coal  mines;  I  don't  think  the  abuse  exists  in  any  mines 
but  coal  mines, 

Mr,  NICKERSOX.  I  think  that  there  is  a  great  deal  of 
difference.  I  have  had  twenty  years  experience  in  ore  mines 
and  I  do  know  that  women  and  children  under  fourteen  years 
of  age  can  be  employed  just  as  safely  and  just  as  efficiently  in 
these  mines  as  on  the  range.  I  don't  suppose  a  member  on  the 
floor  of  this  convention  would  for  a  moment  pretend  there  is 
any  impropriety,  that  a  ranchman  should  not  employ  his  wife, 
Ms  daughters  or  sons  under  fourteen  years  of  age  to  assist  him 
in  working  on  the  farm,  when  they  can  do  the  work  efficiently 
and  well.  I  don't  know  anything  about  the  operation  of  coal 
mines,  but  from  my  own  experience  in  working  gold  mines, 
I  know  that  they  can  be  employed  efficientl,  profitably  and 
safely.  For  instance,  in  the  working  of  a  placer  mine,  I  know 
that  children  do  and  have  and  can  work  well  and  profitably 
and  safely  in  sorting  and  throwing  out  the  worthless  ore,  and 
in  tending  to  the  water  in  the  sluices,  and  I  don't  stv  why  the 
distinction  should  be  made.  There  are  many  women  in  this 
territory  who  own  mines  and  mining  claims,  and  if  this  goes 
into  effect  they  will  be  prevented  from  operating  their  mines, 
if  they  have  to  employ  some  one  to  do  the  work.  Women  are 
allowed  to  hold  a  hundred  and  sixty  acres  of  land  for  a  placer 
mine  or  a  quartz  mine,  and  the  laws  of  the  territory  should  be 
framed  to  let  them  hold  it.  I  know  women  who  own  placer 
mines  themselves  work  them,  and  employ  boys  under  fourteen, 
and  girls,  their  own  children,  to  help  them.  Under  this  pro- 
vision they  would  have  to  sacrifice  their  interests.  Why  should 
they  not  be  allowed  to  make  a  living  there  as  well  as  on  the 
ranch?  It  is  not  dangerous,  it  is  not  unsafe,  it  is  not  improper. 
I  cannot  see  the  distinction.  T  presume  it  arises  from  the  fact 
that  the  abuse  exists  in  coal  mines.  If  this  is  to  be  a  great 
mining  country  with  all  kinds  of  mines,  that  Avill  in  time  be 
heard  from,  when  developed,  I  don't  see  why  women  and  chil- 
dren should  not  be  employed  where  it  is  safe  and  profitable, 
just  as  well  as  their  fathers.  If  you  desire  to  prevent  boys  of 
fourteen  working  in  coal  mines,  if  you  don't  consider  it  a  suit- 
able place  for  a  boy  to  work,  that  is  all  right,  but  don't  prevent 
their  working  in  the  other  mines  in  this  territory.  Take  for 
instance  a  boy  living  in  a  mining  country,  away  from  schools, 
what  are  you  going  to  do?  He  is  prevented  from  assisting  his 
father,  in  holding  his  claims,  because  the  law  says  he  shall 
not  work,  and  he  must  lay  around  doing  nothing.  I  hope  this 
will  be  amended  so  as  to  give  the  mining  interests  some  sort 
of  a  show. 


PROCEEDINGS  AND  DEBATES.  793 

Mr.  HOPKINS,  il  will  merely  say  that  nearly  everything 
j*aid  by  my  friend  applies  as  well  to  coal  mines  as  it  does  to 
other  mines.  There  is  no  distinction  in  the  manner  in  which 
they  are  employed,  whether  in  mining  ore  or  coal,  it  is  just  the 
same  thing. 

Mr.  RUSSELL.  If  the  gentleman  don't  object  I  would  like 
to  incorporate  in  this  amendment  the  words  "iron  mines."  If 
the  amendment  is  going  to  apply,  I  would  ask  if  this  would 
prohibit)  the  legislature  in  any  future  time  for  providing 
against  the  employment  of  boys  or  children  in  these  other 
mines?  Some  of  you  lawyers  might  answer.  This  clause  is 
prohibitory.  The  question  is  would  the  words  coal  and  iron 
mines  in  there  prohibit  them  from  providing  against  the  em- 
ployment in  other  mines  in  the  future?  I  don't  think  that 
the  intention  is  to  work  any  hardship  to  any  party  or  to  any 
section  of  the  country,  this  is  to  prevent  their  employment  in 
coal  mines,  and  it  will  certainly  do  no  harm.  I  am  thoroughly 
acquainted  with  the  working  of  a  placer  mine,  and  the  gentle- 
man, Mr.  Nickerson,  seems  to  think  it  wrill  work  a  hardship  in 
his  section  of  the  country,  and  not  knowing  much  about  that 
part  of  the  question  I  am  in  doubt  as  to  IIOAV  it  would  be  if 
this  amendment  would  carry. 

Mr.  SUTHERLAND.  I  am  in  favor  of  Mr.  Nickerson's 
amendment.  I  think  the  abuse  has  never  been  carried  into 
gold  mines  or  silver  mines  or  what  you  may  call  placer  mines. 
I  know  that  in  some  mines  they  use  small  boys  to  do  light  work 
but  the  abuse  has  been  in  employing  children  in  foreign  coun- 
tries in  coal  mines,  jl  know  in  some  foreign  countries  women 
and  children  and  girls  are  employed  in  mines,  and  I  suppose 
this  Is  to  head  off  its  ever  being  done  in  this  country.  I  know 
it  looks  like  a  special  blow  at  coal  mines.  I  know  of  one  place 
in  this  country  where  it  is  done.  I  have  seen  at  Gerty's  Notch, 
on  the  lower  end  of  the  Susquehanna,  I  have  seen  girls  that 
were  not  twelve  years  of  age  come  out  of  iron  mines,  and  1 
have  seen  children  working  in  the  coal  mines  of  Pennsylva- 
nia, and  I  hope  we  shall  never  see  that  in  Wyoming,  so  I  ani  in 
favor  of  keeping  it  in  here. 

Mr.  CLARK.  I  think  if  any  distinction  is  to  be  made  it 
should  be  made  in  broader  terms  than  proposed  by  the  gentle- 
man from  Fremont.  If  we  are  going  to  confine  it  to  dangerous 
mines,  all  mines  which  are  not  dangerous  should  be  excepted, 
and  I  would  call  attention  to  the  fact  as  jl  understand  it,  and 
will  ask  the  gentleman  for  information,  whether  or  not  lead 
mines,  or  silver  mines  where  the  ore  carries  a  large  percentage 
of  lead  are  not  the  most  dangerous  mines,  more  so  than  other 
mines?  I  understand  that  a  man  cannot  exist  in  one 
of  these  mines  and  hold  his  health  for  any  great  length  01 
lime. 


794  CONSTITUTIONAL  CONVENTION. 

Mr.  CHAIRMAN.  Will  the  gentleman  from  Fremont  per- 
mit me  to  ask  a  question?  Would  not  the  striking  out  of  "or 
about''  after  the  word  "in"  meet  the  difficulty  that  he  seeks  to 
obviate? 

Mr.  XICKERSOX.  It  would  not.  The  work  in  placer  mines 
is  necessarily  in  the  mines.  Now  I  don't  know  how  it 
would  effect  soda  mines,  and  asbestos  and  all  other  kinds  of 
mines,  but  in  a  placer  mine  it  is  necessary  to  work  in  the  mine, 
and  women  and  children  have  worked  successfully  in  a  mine. 
I  have  no  objection  to  striking  out  the  word  "coal"  and  insert- 
ing "except  such  mines  as  are  dangerous."  I  would  say  that 
mining  certain  ores  is  dangerous,  and  I  have  no  objection  to 
accepting  them,  but  I  do  say  that  the  employment  of  children 
in  silver  mines  can  be  carried  on  successfully,  safely  and  effi- 
ciently, jast  as  well  as  they  may  be  employed  on  the  ranch  or 
range,  and  I  insist  that  their  fathers  should  have  the  right 
to  employ  them. 

Mr.  FOX.  I  seconded  the  motion  of  Mr.  Xickerson  to  insert 
"coal"  between  the  words  "any"  and  "mine."  That  certainly 
ought  to  be  prohibited.  I  never  worked  in  a  coal  mine,  but  my 
idea  is  this:  Explosives  are  used  in  the  mine,  and  it  might  .be 
dangerous  to  employ  persons  not  experienced  in  these  matters 
as  it  might  cause  the  destruction  of  the  mine  and  the  miners 
employed  therein.  If  the  object  of  this  is  to  prevent  anything 
of  that  kind  it  is  all  right.  But  there  is  another  point  to  be 
considered.  In  our  country  we  have  a  new  industry  just  about 
to  be  started,  that  is  the  making  of  plaster  of  paris.  The  com- 
pany who  have  built  the  works  employ  boys  to  drive  their 
teams  by  which  their  materials  are  transported  to  the  mines. 
Xow  I  think  there  is  no  reason  why  a  boy  should  be  prevented 
from  driving  mules,  or  something  of  that  kind,  if  it  is  necessary 
to  employ  him,  for  in  this  way  he  could  help  support  himselt 
and  the  family  to  which  he  belongs,,  and  I  don't  think  he  should 
be  prohibited  from  doing  so.  I  think  if  the  word  "coal"  was 
put  in  there  it  would  cover  the  difficulty. 

Mr.  HOPKIXS.  It  was  asked  by  Mr.  Russell  that  the  word 
"iron"  be  included  as  well  as  coal,  "coal  and  iron  mines."  1 
ask  further  that  we  insert  the  words  "or  other  dangerous 
mines." 

Mr.  COFFEEX.  I  was  going  to  suggest  that  we  add  "or 
such  other  mines  as  may  be  designated  by  law."  So  that  the 
legislature  might  provide  for  any  other  mines. 

Mr.  ELLIOTT.    1  move  to  amend  by  striking  out  the  words 
"or  about,"  and  after  the  word  "mines"  insert  "except  placer 
mines."     p[  don't  think  it  proper  that  a  boy  under  fourteen: 
should  wrork  under  ground. 

Mr.  CHAPLIX.  I  should  like?  to  second  that,  but  add  the 
words  "or  any  other  underground  mine." 


PROCEEDINGS  AND  DEBATES.  795, 

Mr.  CLARK.  As  that  amendment  is  now,  it  will  defeat 
the  very  object  of  this  provision.  The  boys  and  girls  are  simply 
employed  about  the  mine,  more  than  in  the  mine,  and  this  pro- 
poses to  sever  all  connection  with  the  mine  or  on  the  premises 
about  the  mine.  If  it  is  intended  by  that  to  defeat  this  section 
why  well  and  good. 

Mr.  ELLIOTT.  I  had  no  such  intention  and  ask  leave  to 
withdraw  my  amendment. 

Mr.  PRESIDENT.  The  chair  understood  the  gentleman 
from  Fremont  to  accept  the  suggestion  as  to  including  iron  as 
well  as  coal,  and  the  wrords  "or  other  dangerous  mines."  That 
being  accepted  by  the  gentlemen  from  Uinta  and  Fretaiont, 
the  question  will  be  first  upon  the  adoption  of  the  amendment 
as  suggested.  Insert  the  wrords  "coal,  iron  or  other  dangerous 
mines."  Are  you  ready  for  the  question?  All  in  favor  of  the 
motion  will  say  aye ;  contrary  no.  The  ayes  have  it ;  the  motion 
prevails.  Any  further  amendments  to  the  file?  The  question 
is  upon  the  final  reading  of  the  file  as  amended.  File  87  will 
now  be  finally  read.  The  question  is  upon  the  adoption  of  the 
file  as  a  part  of  the  constitution.  All  who  are  of  the  opinion 
that  the  file  be  adopted  as  a  part  of  the  constitution  will  say 
aye;  contrary  no.  The  secretary  will  call  the  roll. 

(Roll  call.) 

Gentlemen,  your  vote  on  File  87  is  as  follows:  Ayes,  30; 
absent,  18;  nays,  none.  Gentlemen,  by  your  vote  you  have 
adopted  File  87  as  a  part  of  the  constitution.  The  file  will  be 
referred  to  the  committee  on  revision. 

The  question  is  now  on  the  final  reading  of  the  substitute 
for  Files  5,  0,  10,  23  and  (J4,  on  elections  and  qualifications  to 
office. 

(Final  reading  of  the  file.) 

Shall  the  file  as  read  be  adopted  as  a  part  of  the  constitu- 
tion? All  wrho  are  of  the  opinion  that  the  file  be  adopted  will 
say  aye;  contrary  no,  as  their  names  are  called.  The  secre- 
tary will  call  the  roll. 

(Roll  call.) 

The  vote  upon  the  substitute  is  as  follows:  Ayes,  30;  nays, 
none;  absent,  18.  By  your  vote  you  have  adopted  the  substi- 
tute for  Files  5,  6,  10,  23  and  04,  as  a  part  of  the  constitution. 
The  file  will  now  be  referred  to  the  committee  on  revision.  The 
question  is  now  on  File  No.  90,  appeals  from  decisions  of  com- 
pulsory boards  of  arbitration  shall  be  to  the  supreme  court  of 
the  state. 

Mr.  POTTER.  I  move  to  insert  the  word  "allowed"  after 
the  word  "be." 

Mr.  PRESIDENT.  Gentlemen,  you  have  heard  the  motion. 
Are  you  ready  for  the  question?  All  in  favor  of  the  motion, 
will  say  aye;  contrary  no.  The  ayes  have  it;  the  motion  pre- 
vails. Final  reading  of  File  00. 


796  CONSTITUTIONAL  CONVENTION. 

The  question  is  on  the  adoption  of  the  file  as  amended  as. 
a  part  of  the  constitution.  All  who  are  of  the  opinion  that 
the  file  be  adopted  will  say  are  as  their  names  are  called; 
those  of  the  opposing  opinion  will  say  no.  The  clerk  will  call 
the  ares  and  nays. 

(Roll  call.) 

Gentlemen,  your  vote  upon  File  No.  90  is  as  follows:  Ayes, 
31;  nays,  none;  absent,  18.  By  your  vote  you  have  adopted 
File  90  as  a  part  of  the  constitution.  The  file  is  now  referred 
to  the  committee  on  revision. 

The  question  is  now  upon  the  passage  of  the  substitute  for 
Files  59,  28  and  8,  on  education,  public  schools,  etc.  Are  there 
any  amendments?  The  secretary  will  read  the  file  at  length. 
Final  reading  of  the  file.  The  substitute  for  Files  59,  28  and  & 
has  been  finally  read.  The  question  is  upon  the  adoption  of 
the  file  as  a  part  of  the  constitution.  Those  who  are  of  the 
opinion  that  the  file  be  adopted  wrill  say  ayo  as  their  names 
are  called;  those  of  the  contrary  opinion  will  say  no.  The 
clerk  will  call  the  roll. 

Gentlemen,  your  vote  on  the  substitute  for  Files  59,  28 
and  8  is  as  follows:  Ayes,  30;  nays,  none;  absent,  19.  By  your 
vote,  gentlemen,  you  have  adopted  the  file  as  a  part  of  the 
constitution.  The  file  is  now  referred  to  the  committee  on  re- 
vision. 

Mr.  RUSSELL.  Mr.  Chairman,  I  want  the  consent  of  the 
convention  to  present  an  article  at  this  time.  I  want  to  have 
it  inserted  in  the  article  on  mines.. 

Mr.  PRESIDENT.  The  gentleman  from  TJinta  presents 
the  following:  "For  any  injury  to  person  or  property  caused 
by  wilful  failure  to  comply  with  the  provisions  of  this  article 
or  laws  passed  in  pursuance  thereof,  a  right  of  action  shall 
accrue  to  the  party  injured,  for  the  damages  sustained  thereby, 
and  in  all  cases  in  this  state  whenever  the  death  of  a  person 
shall  be  caused  by  wilful  neglect,  act  or  default,  such  as 
would,  if  death  had  not  ensued,  have  entitled  the  party  injured 
to  maintain  an  action  to  recover  damages  in  respect  thereot, 
the  person  who.  or  the  corporation  which  would  have  been 
liable,  if  death  had  not  ensued,  shall  be  liable  to  an  action  not- 
withstanding the  death  of  the  party  injured,  and  the  legisla- 
ture shall  provide  by  law  at  its  first  session  for  the  manner  in 
which  the  right  of  action  in  respect  thereto  shall  be  enforced/' 

Mr.  PALMER.  I  think  that,  provision  is  already  on  the  re- 
vised statutes  of  Wyoming,  and  the  courts  have  held  in  this 
territory  that  you  cannot  take  away  from  any  corporation 
or  person  any  rights  they  may  have  at  law,  and  this  provision 
is  simply  valueless,  and  has  been  so  held  by  the  courts. 

Mr.  CLARK.  I  am  not  familiar  with  the  facts  of  the  case 
the  gentleman  mentions,  but  they  undoubtedly  exist  because 
he  says  so,  but  it  seems  to  me  that  this  provision  or  something 


PROCEEDINGS  AND  DEBATES. 

of  this  kind  ought  to  be  put  in  the  constitution.  I  have  been 
examining  the  files,  having  been  told  that  the  proposition  had 
already  been  incorporated  somewhere  else.  If  it  has  been  cov- 
ered, well  and  good,  if  not  I  believe  'this  ought  to  go  into  the 
constitution  of  this  state.  You  may  say,  is  not  this 
pure  legislation?  What  if  it  is.  We  have  voted  for  a  great 
many  things  here  that  are  legislation,  and  if  we  are  going  to 
have  legislation  here  at  all,  let  us  get  the  best  there  is,  and  it 
seems  to  me  that  the  doctrine  ought  to  be  pretty  well  exploded 
by  thi^  time  that  if  ai  person  is  killed,  it  is  not  as  much  as  it 
he  had  had  his  leg  broken. 

Mr.  RINER.  If  there  is  some  way  to  get  at  the  other  prop- 
osition, I  would  have  no  objection  to  this.  The  language  here 
is  the  same  as  is  embodied  in  another  provision  of  the  consti- 
tution, and  in  my  judgment  this  is  fully  covered  in  the  other 
proposition  named.  If  the  gentleman  had  been  here  and  lis- 
tened to  the  file  on  corporations  he  W7ould  know  it  too,  but  to 
come  here  at  th&  tail  end  and  put  in  an  amendment  after  it 
has  once  been  passed  upon  by  the  convention  and  make  ob- 
jections and  try  to  amend  the  corporation  bill  when  we  are  all 
through  with  it,  I  shall  oppose  it  unless  there  is  some  wray  to 
get  at  the  other.  |I  am  willing  to  substitute  this  for  the  other. 

Mr.  CLARK.  I  think  it  is  the  duty  of  every  member  to  put 
in  any  amendment  up  to  the  very  time  of  adjournment  if  he 
thinks  it  necessary. 

Mr.  PRESIDENT.  The  chair  thinks  it  is  his  duty  to  ex- 
plain personally.  While*  on  the  floor  in  committee  of  the  whole 
I  moved  to  strike  out  practically  this  same  provision,  there 
were  some  yesterday  who  did  not  want  the  section  struck  out, 
and  at  the  time  the  action  of  the  committee  was  taken  it  was 
understood  that  the  provision  in  the  article  on  corporations, 
and  the  separate  provision  that  was  passed  in  reference  to  con- 
tracts with  employes,  the  two  together  fully  covered  this  prop- 
osition. I  have  this  morning  examined  the  matter  in  company 
with  Mr.  Clark  and  others,  and  compared  the  different  sections 
and  found  that  there  is  matter  contained  which  is  important 
perhaps  and  that  is  not  contained  in  either  of  the  other  sec- 
tions. The  section  referred  to  gave  authority  to  the  legislature 
to  pass  such  lawrs  as  will  carry  out  the  substance  of  this.  The 
gentleman  desires  to  have  this  in  the  constitution. 

Mr.  RINER,    Canot  this  be  substituted  for  the  other? 

Mr.  BROWN.  There  are  matters  covered  in  the  other 
propositions  not  covered  by  this,  and  this  covers  matters  not 
covered  by  either  of  the  other  two.  For  instance,  the  article 
yesterday  limits  the  amount  that  may  be  recovered  in  case  of 
death,  but  does  not  give  a  right  to  action  in  case  of  death,  and 
inipliedly  gives  the  legislature  the  right  to  enact  a  law  to 
cover  this  whole  matter,  and  it  would  be  their  duty  to  do  so. 
The  other  article  refers,  when  examined,  to  the  matter  of  con- 


79s 


CONSTITUTIONAL  CONVENTION. 


tracts  and  does  not  cover  this  other  question.  I  make  this  ex- 
planation as  a  matter  of  personal  duty  to  myself,  because  1 
want,  so  far  as  I  am  personally  concerned/these  matters  to  be 
fully  covered  by  the  constitution.  I  wish  to  acknowledge  my 
own  fault  in  moving  to  strike  it  out. 

Mr.  RUSSELL.  I  will  state  that  both  Mr.  Brown  and  Mr. 
Riner  made  the  statements  that  this  was  covered  already,  and 
I  was  not  sufficiently  acquainted  with  the  provisions  to  know, 
but  after  looking  the  matter  up  quietly  I  found  it  was  not  cov- 
ered to  my  satisfaction,  and  I  only  ask  that  this  be  adopted 
so  as  to  reasonably  secure  the  rights  of  workingmen  in  case  of 
accidents  or  death. 

Mr.  PRESIDENT.  The  question  is  on  the  motion  shall  the 
rules  be  suspended  and  the  proposition  be  finally  read  and  put 
upon  its  passage.  All  in  favor  of  the  final  reading  and  pas- 
sage of  this  proposition  will  say  aye;  contrary  no.  The  ayes 
seem  to  have  it.  A  division  is  called  for.  All  in  favor  of  sus- 
pending the  rules  will  rise  and  stand  until  counted — 24.  Those 
opposed  will  rise  and  stand  until  counted — 6.  My  recollection 
is  that  the  rules  are  suspended  by  a  two- thirds  vote,  therefore 
the  convention  by  its  A^ote  has  suspended  its  rules  for  the*  pas- 
sage of  the  proposition.  The  proposition  will  now  be  finally 
read.  The  question  is  upon  its  adoption  as  a  part  of  the  con- 
stitution. All  who  are  of  thje  opinion  that  the  file  be  adopted 
as  a  part  of  the  constitution  will  say  aye  as  their  names  are 
called;  those  of  the  opposite  opinion  will  say  no.  The  secre- 
tary will  call  the  roll. 

Mr.  HAY.  I  vote  no,  because  I  don't  understand  that  this 
is  anything  but  what  is  already  there,  and  there  is  no  neces- 
sity for  putting  it  in  in  addition  to  what  is  already  there. 

Mr.  PALMER.  I  desire  to  explain  my  vote  by  stating  that 
tf  vote  no,  simply  because  I  don't  believe  in  putting  mere  legis- 
lation in  the  constitution. 

Mr.  RINER,  I  vote  no,  because  notwithstanding  the  opin- 
ion of  the  president  of  this  convention,  I  think  the  matter  is 
fully  covered  in  the  provision  adopted  here  yesterday. 

Mr.  PRESIDENT.  Gentlemen,  the  vote  upon  the  file  is  as 
follows:  Ayes,  25;  noes,  6;  absent,  18.  By  your  vote,  you  have 
adopted  the  file  as  a  part  of  the  constitution.  The  file  will 
now  be  referred  to  the  revision  committee,  in  connection  with 
the  mining  bill,  and  as  a  part  thereto.  This  disposes  of  the 
files  for  final  reading  now  upon  the  tajble.  The  file  on  schedule 
was  referred  last  evening  to  two  committees  for  amendment ; 
it  had  been  passed  upon  with  the  exception  of  one  or  two  mat- 
ters. Are  the  committee  read  to  report?  It  seems  they  are  not. 
What  is  your  pleasure,  gentlemen? 

Mr.  FOX.  I  would  like  to  ask  for  information,  something 
of  importance,  I  think.  Have  we  anything  in  the  constitution 
defining  the  boundaries  of  the  future  state  of  Wyoming? 


PROCEEDINGS  AND   DEBATES. 


799 


Mr.  PRESIDENT.    That  is  provided  for. 
Mr.  HAY.    I  havo  a  resolution  which  I  wish  to  introduce, 
:and  I  would  like  to  have  it  acted  upon  at  once  if  possible. 

Mr.  FEE  SI  DENT.  Is  there  objection  to  the  gentleman's 
presenting  a  resolution  at  this  time?  The  chair  hears  none, 
Mr.  Hay  will  present  the  resolution. 

Mr.  HAY.  "Resolved,  That  the  committee  on  printing  are 
hereby  instructed  to  have  published  in  pamphlet  form  for  dis- 
tribution the  constitution  and  address  to  the  pelople  adopted 
by  this  convention,  and  to  expend  any  unexpended  balance  of 
the  funds  raised  to  meet  the  incidental  expenses,  in  payment 
for  as  many  copies  as  can  be  printed  for  that  amount." 

Mr.  HOLDEN.  I  have  a  proposition  that  I  would  like  to 
submit,  and  for  that  purpose  will  ask  the  consent  of  the  house. 
Mr.  PRESIDENT.  Mr.  Holden  asks  unanimous  consent  to 
present  a  proposition.  Is  there  objection?  The  chair  hears 
none,  Mr.  Holden  will  present  his  proposition.  The  secretary 
will  first  read  the  proposition,  or  rather  resolution,  offered  by 
Mr.  Hay,  of  Laramie. 

(Reading  of  Mr.  Hay's  resolution.) 

Mr.  FOX.  I  move  the  adoption  of  Mr.  Hay's  resolution.  It 
has  been  suggested  that  the  money  on  hand  would  buy  enough 
possibly  for  each  member  to  have  twenty  copies  or  something 
of  that  kind. 

Mr.  HAY.  It  is  difficult  to  tell  how  many  we  can  get,  prob- 
ably something  like  four  thousand. 

Mr.  PRESIDENT.  You  might  provide  that  they  shall  be 
^equally  distributed  among  the  members,  tit  strikes  me  that 
would  be  the  best  way. 

Mr.  BAXTER.  I  am  informed  by  Mr.  Chaplin  that  it  will 
probably  supply  ten  thousand  copies.  We  could  not  possibly 
distribute  that  number  among  this  convention ;  we  might  pos- 
sibly provide  that  each  member  shall  have  twenty -five,  and 
the  rest  disposed  of  as  may  be  directed.  Filed  in  the  office  of 
the  secretary  of  the  territory,  or  some  such  officer.  Their  dis- 
tribution might  be  controlled  by  the  printing  committee,  under 
instructions  from  this  convention.  I  would  move  to  amend  by 
saying  that  twenty-five  copies  be  suppled  to  each  member  of 
the  convention,  if  he  desires  as  many  as  that,  and  that  the  bal- 
ance be  delivered  to  the  secretary  of  the  territory  for  general 
distribution. 

Mr.  REED.  I  was  about  to  offer  an  amendment  that  the 
balance  be  equally  divided  among  each  county,  and  sent  to  the 
different  seats  of  county  government. 

Mr.  SMITH.  I  object  to  supplying  members  who  did  not 
come  here. 

Mr.  PRESIDENT.  I  understand  that  Mr.  Hay  accepts  the 
amendment  offered  by  Mr.  Baxter.  What  is  your  wish,  gentle* 
men,  as  to  the  disposition  of  the  resolution? 


Soo  CONSTITUTIONAL  CONVENTION 

Mr.  POTTEE.    I  move  it  be  adopted. 

Mr.  PRESIDENT.  Is  there  objection?  The  chair  hears 
none.  The  question  is  upon  the  adoption  of  the  resolution.  All- 
in  favor  of  the  resolution  will  say  aye;  contrary  no.  The  ayes 
have  it;  the  motion  prevails,  and  the  resolution  is  adopted. 
The  committee  appointed  on  address  to  the  people  is  as  fol- 
lows: Messrs.  Burritt,  Hay,  Grant,  Knight,  Smith,  Organ,  Cof- 
feen,  Preston,  Hopkins  and  Harvey.  The  chair  requests  that 
the  committee  meet  in  the  committee  room  immediately  after 
taking  a  recess  at  noon. 

Mr.  PALMER.  The  committee  on  schedule  desire  to  statV 
that  they  will  report  some  matters  after  recess. ' 

Mr.  CAMPBELL,  i  would  like  the  members  of  the  Lara- 
mie  delegation  to  meet  in  the  committee  room  for  a  few  min- 
utes. 

Mr.  PALMER.  I  desire  the  schedule  committee  to  meet 
at  half  past  one  in  the  room  to  the  left. 

Mr.  POTTER.  I  move  we  now  adjourn  until  3  o'clock  this- 
afternoon.  This  will  give  the  committee  referred  to  a  chance 
to  report. 

Mr.  PRESIDENT.  There,  is  still  one  matter  in  the  hands 
of  the  printing  committee,  at  any  rate  it  had  not  been  return- 
ed this  morning.  On  the  general  file  there  is  the  report  of  the 
committee  on  salaries  undispenjsed  with,  and  will  come  up  for 
consideration  this  afternoon. 

Mr.  HOYT.  I  would  like  to  make  the  hour  2:30  instead  of 
3  o'clock. 

Mr.  PRESIDENT.  The  proposition  of  Mr.  Holden's,  which 
was  presented  by  unanimous  consent,  and  before  the  motion  is 
put  to  adjourn,  it  is  proper  that  it  be  read.  The  clerk  will 
read. 

CLERK.  File  No.  92,  by  Mr.  Holden,  in  re-gard  to  home- 
stead exemptions.  "A  homestead  as  provided  by  law  shall  be 
exempt  from  forced  sale  under  any  process  of  law,  and  shall 
not  be  alienated  without  the  joint  consent  of  husband  and" 
wife,  when  that  relation  exists,  but  no  property  shall  be  ex- 
empt from  sale  for  taxes,  or  for  the  payment  of  obligations  con- 
tracted for  the  purchase  of  said  premises,  or  for  the  erection  of 
improvements  thereon." 

Mr.  PRESIDENT.  The  proposition  will  go  onto  the  general 
file  for  consideration  of  the  committee  of  the  whole  in  its  reg- 
ular order. 

The  question  is  now  on  the  motion  to  adjourn  until  3  o'clock. 
All  in  favor  of  the  motion  will  say  aye;  contrary  no.  The  aye» 
have  it;  the  motion  prevails.  We  will  now  adjourn  until  3 
o'clock  this  afternoon. 


iJOCEEDIXGS  AND  DEBATES.  So  I 


AFTERNOON  SESSION. 

Friday  afternoon,  Sept.  27. 

Mr.  PRESIDENT.    Convention  come  to  order. 

Mr.  BURRITT.  T  move  we  go  into  committee  of  the  who!*) 
for  consideration  of  the  general  file. 

Mr.  RINER,    Second  the  motion. 

Mr.  PRESIDENT.  It  is  moved  and  seconded  that  we  now 
go  into  committee  of  the  whole  for  consideration  of  the  general 
file.  All  in  favor  .of  the  motion  will  say  aye;  contrary  no. 
The  ayes  have  it.  We  are  now  in  committee  of  the  whole. 
Will  Mr.  Sutherland,  of  Albany,  take  the  chair? 

Mr.  CHAIRMAN.  Gentlemen,  you  have  before  you  for  your 
consideration  the  majority  report  of  Committee  No.  15,  salaries 
of  public  officers. 

(Reading  of  Sec.  1.) 

Mr.  CHAIRMAN.  You  have  heard  Sec.  1.  Is  there  any  ob- 
jection? Sec.  2  will  be  read. 

Mr.  CLARK.  It  seems  to  me  that  it  would  be  best  to  con- 
sider this  majority  report  and  the  minority  report  together, 
and  I  make  a  motion  to  that  effect. 

Mr.  CHAIRMAN.  Gentlemen,  you  have  heard  the  motion. 
Are  you  ready  for  the  question?  All  in  favor  of  the  motion  will 
say  aye ;  contrary  no.  The  ayes  have  it ;  the  motion  prevails. 
Sec.  2  of  the  minority  report  will  now  be  read.  Are  there 
any  amendments? 

Mr.  CLARK.  I  move  that  Sec.  2  of  the  majority  report  be 
adopted. 

Mr.  CHAIRMAN.  Gentlemen,  you  have  heard  the  motion. 
Are  you  ready  for  the  question?  All  in  favor  of  the  adoption 
of  Sec.  2  of  the  majority  report  will  say  aye ;  contrary  no.  The 
ayes  have  it. 

Mr.  POTTER.  I  call  for  the  reading  of  Sec.  4  of  the  minor- 
ity report. 

Mr.  TESCHEMACHER.    Second  the  motion. 

(Reading  of  Sec.  4  of  the  minority  report.) 

Mr.  POTTER,  I  move  the  adoption  of  Sec.  4  of  the  ma- 
jority report. 

Mr.  TESCHEMACHER.    Second  the  motion. 

Mr.  BINER.  I  am  not  at  all  sure  that  this  proposition  for 
county  salaries  is  the  best  thing  to  be  done,  and  I  rise  now 
that  it  may  be  discussed,  and  so  that  I  may  get  some  informa- 
tion in  regard  to  the  matter.  As  I  understand  it,  it  is  the  pur- 
pose of  this  file  to  say  that  the  sheriff  shall  receive  a  certain 
salary.  Now,  I  would  like  to  ask  if  that  is  for  public  business, 
for  the  state  in  criminal  prosecutions,  or  is  it  intended  to  ap- 
ply to  his  entire  services,  including  his  services  in  civil  cases 
-  51 


8o2  CONSTITUTIONAL  CONVENTION. 

as  well?  We  tried  this  once  in  this  county,  allowing  the  sher- 
iff a  salary,  the  fees  to  be  turned  into  the  county  treasury,  and 
the  total  amount  of  fees  collected  was  about  eight  hundred  dol- 
lars. That  is  the  effect  of  the  law  so  far  as,  the  fees  are  con- 
cerned; if  they  go  to  the  state  they  pay  no  attention  to  them. 
Then  there  is  another  argument  which  we  must  bear  in  mind, 
in  the  case  of  the  sheriff,  and  that  is  this.  If  he  gets  no  fees, 
he  is  apt  to  be  dilatory  about  civil  processes,  and  perhaps  liti- 
gation might  suffer  thereby.  Is  it  not  better  to  allow  him  in 
civil  cases  such  fees  as  may  be  allowed  by  law?  Will  he  not 
perform  his  duties  more  promptly?  I  think  this  matter  should 
be  carefully  considered  by  the  committee.  I  merely  make  these 
suggestions  that  the  matter  may  be  discussed. 

Mr.  POTTER.  I  don't  think  I  quite  like  either  of  these  re- 
ports. I  think  myself  that  in  cases  of  the  justice  of  the  peace, 
and  the  sheriff,  and  some  other  officers  perhaps,  those  that  have 
to  deal  with  civil  caiSes,  the^  ought  perhaps  be  permitted  to 
have  fees.  'It  don't  effect  the  state  at  all,  and  there  is  no  rea- 
son why  the  public  should  pay  for  this  litigation  that  is  purely 
between  individual  parties.  Therefore  I  don't  like  the  niinor> 
ity  report  without  an  amendment  of  that  kind.  The  reason  I 
object  to  the  majority  report  is  that  it  provides  salaries  for  offi- 
cers which  we  have  not  created,  wThich  we  left  to  the  legisla- 
ture to  create,  as  we  have  almost  all  these  county  offices,  and 
one  county  officer  which  we  have  provided  for,  a  clerk  of  the 
court,  has  not  been  provided  for  at  all  in  this  report. 

Mr.  HAY.  The  gentleman  has  evidently  not  read  the  fifth 
line  of  Sec.  1.  .-"That  the  legislatures  can  fix  the  salaries  not 
fixed  here.  If  it  is  desired  the  salary  of  the  clerk  can  be  put  in 
here.  But  in  regard  to  the  argument  of  Mr.  Riner,  it  seems  to 
me  hardly  worth  while  to  pay  the  sheriff  the  amount  he  is 
paid  in  this  county  at  this  time.  Let  us  take  the  office  of  treas- 
urer for  instance.  The  question  is  whether  wre  want  to  take  a 
man  and  elect  him  treasurer,  a  man  that  could  not  earn  over 
three  thousand  dollars  in  any  other  position  and  pay  him  eight 
or  nine  thousand  dollars  a  year,  as  we  do  today.  That  is  the 
question  this  bill  is  intended  to  meet.  We  should  not  have  any 
half  way  about  it.  If  we  allow  fees  and  salary,  the  fees  are 
the  main  thing  looked  after.  The  part  of  the  duties  the  salary 
is  paid  for  is  looked  after  by  somebody  else,  and  the  collection 
of  the  fees  is  the  main  business  of  the  office.  It  must  be  either 
salary  or  no  salary,  cut  off  the  fees,  or  else  discontinue  to  pay 
the  large  salaries  we  are,  now  paying.  That  is  the  way  it 
strkes  me  at  least. 

Mr.  RENTER.  I  would  like  to  ask  Mr.  Hay  a  question.  Is 
it  not  better  and  are  not  our  taxes  collected  better  for  paying 
the  treasurer  a  percentage  upon  the  taxes  collected  than  by 
paying  a  salary  which  he  gets  whether  he  collects  the  taxes 


PROCEEDINGS  AND  DEBATES.  803 

or  not?  In  the  case  of  the  sheriff,  I  would  ask  the  gentlemen 
of  this  committee  this  question.  Is  the  sheriff  when  he  is  paid 
a  salary  going  to  use  tin*  same  diligence  in  matters  of  attach- 
ment, where  he  has  got  to  go  fifty  or  seventy  miles  to  get  hold 
of  the  property.  -«'t  t<>  bear  the  expense  of  taking  care  of  that 
property  until  it  is  disposed  of  by  order  of  the  court?  Is  it  as 
good  a  i>ini'-<  rion  to  us  that  he  shall  have  the  same  salary 
whether  he  does  it  well,  or  only  half  does  it?  Is  it  the  same 
protection  to  the  citizens?  We  will  find  it  will  work  very  bad- 
ly in  my  judgment.  I  believe,  as  far  as  this  question  is  con- 
ceined,  as  far  as  we  ought  to  go  would  be  to  provide  that  the 
legislature  of  the  state  of  Wyoming  may  provide  either  sal- 
aries or  fees  or  both.  This  is  a  salary  fur  the  business  of  the 
vState.  and  fees  in  civil  cases.  I  think  an  officer  will  render  bet- 
u-i  service  than  they  will  with  this  salary  business,  for  in  col- 
lecting the  fees  and  turning  them  into  the  state  or  county 
tivasury.  they  will  amount  to  almost  nothing,  and  the  officer 
will  not  be  nearly  as  efficient,  if  he  gets  the  same  salary  wheth- 
er he  does  his  work  or  does  not  do  it.  And  I  think  we  should 
consider  this  matter  very  careful  before  we  settle  it. 

Mr.  HAY.  Mr.  Riner  asks  me  if  the  treasurer  will  not  be 
more  diligent  in  collecting  the  taxes  if  he  is  paid  a  percentage 
on  what  hn  collects?  Will  the  agent  of  the  Union  Pacific  rail- 
road company  be  any  more  diligent  in  collecting  freight  for 
which  he  has  a  certain  voucher  to  collect,  on  a  percentage  than 
<>n  a  salary?  If  he  don't  perform  his  duty  he  is  discharged. 
The  same  rule  should  apply  to  tax  collectors.  I  cannot  see  any 
reason  why  officer's  working  for  the  public  should  not  work  on 
business  principles.  You  take  a  man  in  any  walk  of  life,  a 
judge  on  the  bench,  we  don't  expect  him  to  render  any  better 
service  whether  he  has  a  salary  or  fees.  The  only  exception  is 
in  a  few  county  officers.  In  the  city  of  Cheyenne  the  clerk  is 
paid  a  salary,  as  I  understand  it,  and  the  fees  go  to  the  city, 
NM\V  I  thiuk  as  between  the  work  of  the  t\vo,  the  work  of  the 
city  clerk  is  just  as  well  done  as  the  work  of  the  county  clerk. 
If  an  officer  will  not  do  the  work  properly  on  a  salary,  he  is  not 

a  proper  officer,  if  it  is  only  the  fees  that  he  can  make  that 
makes  him  do  his  work  properly  he  is  not  a  proper  man  for  the 
place.  I  think  the  legislature  ought  to  provide  that  if  he  does 
not  perform  his  duties  properly,  that  he  should  be  discharged 
the  same  as  a  railroad  employe  or  any  other  person. 

Mr.  CLARK.    I  am  not  entirely  in  favor  of  the  minority  re^ 

pm-t  nor  of  the  majority  report.  Of  the  two  I  am  in  favor  of 
the  minority  report.  I  believe  in  the  payment  of  officers,  there 
are  officers  who  should  be  paid  a  salary,  and  some  who  should 
be  paid  fees,  and  I  believe  with  Mr.  Riner  that  the  sheriff  is 
one  that  should  fee  paid  by  fees.  I  am  opposed  to  the  majority  re 
port  because  I  am  opposed  to  the  limits  that  are  placed  upon 


804  CONSTITUTIONAL  CONVENTION. 

some  of  the  officers.  I  don't  believe  any  officer  should  have 
exhorbitant  fees,  but  I  believe  that  every  man  working  for  the 
state,  county,  a  corporation  or  individual,  should  be  paid  what 
his  services  are  worth.  I  don't  believe  the  assessors  as  listed 
in  the  majority  report  is  paid  a  sufficient  amount.  I  am  in  fa- 
vor of  the  minority  report  because  it  leaves  all  these  things 
to  the  legislature.  What  services  in  Laramie  county  may  be 
worth  now  may  be  a  very  different  thing  in  five  years  from 
today.  I  believe  that  the  assessor  is  one  of  the  most  import- 
ant, if  not  the  most  important,  officer  in  all  our  county  govern- 
ment. 

Mr.  HAY.    How  many  months  in  the  year  does  the  assessor 
work  ?    He  gets  his  work  done  inside  of  four  months. 

Mr.  CLARK.    The  county  assessor  of  Uinta  county  cannot 
do  all  the  work  of  the  county  now,  and  if  we  are  going  to  com- 
mence growing  with  the  adoption  of  this  constitution,  and 
grow  as  we  think  we  shall  grow,  there  will  be  very  few  coun- 
ties in  the  state  within  the  next  two  to  four  years  where  the 
work  can  be  done  without  requiring  additional  work.     The 
argument  made  by  Mr.  Hay  in  regard  to  a  railroad  company 
is  not  a  proper  one,  for  this  reason.    A  railroad  corporation  is 
one  of  those  things  that  trusts  no  man.    If  the  company  has  a 
freight  bill  against  me  I  have  got  to  pay  it  before  I  get  the 
goods.    I  have  got  to  pay  it  at  once,  and  the  duties  of  the  agent 
end  then  and  there.    He  don't  have  to  go  round  hunting  me 
up  to  get  it  after  I  get  the  goods.    The  duties  of  the  treasurer 
or  collector  are  very  different.    They  have  to  rustle  around  and 
see  that  these  taxes  are  paid,  and  as  I  have  said  before  on  this 
floor,  I  believe  we  are  going  to  have  future  legislatures  who  aro 
honest  and  will  be  just  as  capable  of  judging  what  these  men 
ought  to  have  as  we  are  here  today,  and  I  say  in  good  faith  that 
these  things  ought  to  be  left  to  the  legislature,  and  I  believe 
they  will  be  out  of  place  in  this  constitution.    If  it  goes  in  there 
it  would  be  advice  to  congress  that  we  have  been  in  the  habit 
of  paying  too  much,  that  we  have  had  men  who  have  been  re- 
ceiving more  than  their  work  was  worth.    I  don't  believe  in  the 
principle  in  the  first  place,  and  the  application  in  the  second. 
I  believe  of  the  two  evils  that  the  minority  report  is  the  least. 
Mr.  CAMPBELL.    If  I  have  gauged  the  temper  of  this  con. 
vention  and  the  people  this  convention  represents,  I  think  that 
they  are  all  in  favor  of  salaries  to  be  paid  to  all  county  officers. 
That  seems  to  be  the  general  impression  everywhere.     That 
they  should  be  all  salaried,  and  if  you  don't  put  that  in  the  con- 
stitution you  will  never  get  it  by  legislation,  it  makes  no  differ- 
ence how  honest  the  legislature  is.    Take  Colorado  for  an  il- 
lustration.   I  don't  think  that  Denver  was  any  larger,  had  any 
more  population  or  taxable  property  than  Laramie  county  has, 
in  1870,  when  Colorado  was  admitted  into  the  union,  I  think  it 
was  just  about  the  same,  and  look  at  the  state  of  affairs  there 


PROCEEDINGS  AND  DEBATES.  805 

now.  I  think  you  can  get  a  good  man  to  perform  all  the  duties 
of  any  efticn  in  the  state  of  Wyoming  for  three  thousand  dol- 
lars, and  when  the  time  comes  that  you  can't,  by  that  time  we 
will  need  a  new  constitution.  You  can  get  a  bank  cashier  for 
three  thousand  dollars  a  year,  you  can  get  a  man  to  take*  charge 
of  any  important  business  for  thret*  thousand  dollars  a  year, 
and  I  think  it  requires  more  ability  to  perform  some  of  the  du- 
ties in  some  of  the  positions  I  have  mentioned  that  it  requires 
in  any  of  the  county  offices.  I  recognize  the  force  of  the  objec- 
tion raised  that  it  would  make  the  officers  a  little  more  negli- 
gent in  the  performance  of  their  duties,  and  private  interests 
in  civil  cases  might  suffer  thereby,  and  to  illustrate  that  I  will 
merely  refer  to  a  state  that  some  of  these  members  come  from 
— Pennsylvania.  In  the  constitution  of  1873,  they  provided  in 
the  constitution  that  cities  and  counties  with  over  one  hun- 
dred and  fifty  thousand  inhabitants,  that  county  officers  should 
be  salaried,  and  not  paid  with  fees.  In  accordance  with  that 
provision  in  the  constitution,  the  legislature  fixed  the  salaries 
in  the  city  of  Philadelphia,  and  fixed  the  salary  of  the  sheriff's 
office  at  fifteen  thousand  dollars,  and  the  prosecuting  attorney 
at  fifteen  thousand  dollars,  and  the  recorder  at  about  that 
much,  and  the  office  was  supposed  to  be  worth  from  litty  to  sixty 
thousand  dollars  in  the  fees  they  received  from  civil  pVocesses, 
etc.  I  have  never  known  the  fees  collected  by  that  office  to 
pay  the  salary  of  the  sheriff  and  his  deputies  since  the  estab- 
lishment of  the  constitution  of  Pennsylvania,  since  that  law 
went  into  force.  Before  that  the  sheriff  was  obliged  to  pay 
himself  and  his  deputies  out  of  the  fees  that  he,  received  in  this 
office,  and  strange  to  say  the  city  of  Philadelphia  had  to  make 
an  appropriation  to  pay  the  salaries  of  the  sheriff  and  his  dep- 
uties, because  the  fees  he  had  collected  from  the  processes  in 
his  office  were  not  sufficient.  The  reason  of  that  was  simply 
that  the  sheriff  had  been  negligent  in  looking  after  the  fees, 
where  he  would  have  been  very  diligent  if  he  had  been  allowed 
to  put  these  fees  into  his  own  pocket.  To  meet  that  objection, 
and  I  see  the  force  of  it,  I  think  that  the  sheriff's  should  be  al- 
lowed a  certain  per  cent  of  the  fees  in  addition  to  his  salary, 
as  an  inducement  to  collect  the  fees,  and  there  should  be  an- 
other provision,  (I  don't  exactly  like  either  of  these  bills),  that 
if  the  fees  of  the  office  did  not  meet,  the  salary  stated  in  this 
bill,  that  they  should  not  receive  any  more  than  the  fees,  and 
that  would  be  an  additional  inducement  to  collect  the  fees. 
This  wrould  meet  the  objections  made  by  Messrs.  Riner  and 
Clark,  and  will  make  them  more  diligent,  by  providing  that 
unless  the  fees  equal  the  amount  of  the  salary,  they  shall  only 
receive  the  amount  they  have  collected. 

Mr.  HAY.  Mr.  Clark  says  that  the  comparison  T  draw  be- 
tween an  employe  of  the  Union  Pacific  railway  company  and 
the  treasurer  is  not  correct,  and  that  the  Union  Pacific  agent 


806  CONSTITUTIONAL  CONVENTION. 

does  not  have  to  rustle  up  the  freights,  but  that  the  treasurer 
does.  I  would  like  to  ask  him  if  it  is  the  treasurer  that  goes 
out  and  rustles  up  the  taxes.  I  think  it  is  the  tax  paver  that 
has  to  do  that.  I  don't  know  of  its  ever  having  been'done  in 
this  or  any  other  county  I  ever  heard  of.  Look  at  our  delin- 
quent taxes,  and  I  venture  to  say  that  the  treasurer  never  set. 
his  foot  outside  of  his  office  to  collect  them.  I  never  heard  of 
its  having  been  done,  jl  say  if  he  is  a  good  man  he  would  work 
as  well  for  a  salary  as  for  fees.  I  think  the  cases  are  almost 
exactly  equal.  Each  is  here  to  look  after  large  interests,  but 
in  the  one  case  there  is  an  executive  officer  that  keeps  him  up 
every  day  to  a  strict  account,  and  in  the  other  case  it  is  the; 
public,  and  the  officer  that  serves  the  public  don't  check  up  the 
officers  that  are  under  them.  The  county  commissioners  for 
instance,  if  they  would  check  up  the  officers  under  them,  as  do 
railroad  companies,  there  would  be  no  trouble  about  this  mat- 
ter at  all.  We  have  provided  for  a  state  examiner.  Now  a 
portion  of  his  duties  will  be  to  see  that  these  fees  are  properly 
collected,  as  provided  by  law,  and  if  upon  examination  it  Is 
found  that  they  have  not  been  properly  collected,  it  is  his  duty 
to  report  that  fact  to  the  county  commissioners,  and  they 
should  hold  the  officer  so  failing  in  his  duty,  responsible  for  it. 
By  a  little  attention  a  great  many  of  these  defects  would  be 
remedied.  But  the  main  object  of  all  this  is  to  provide  some 
way  by  which  the  exhorbitant  expenses  of  the  county  can  be 
cut  down.  I  think  the  gentlemen  who  feared  the  expense  of 
an  independent  supreme  court  will  find  a  good  deal  of  comfort 
in  this  bill,  and  the  committee  who  prepare  the  address  to  the 
people  can  refer  to  this  measure,  that  it  will  save  a  great  deal 
more  money  to  the  taxpayer  than  the  independent  supreme 
court  costs.  It  would  save  as  much  money  in  this  county  alone 
as  an  independent  supreme  court  would  cost  the  entire  state, 
I  might  say  a  great  deal  more,  but  I  want  to  be  entirely  within 
reason.  Why  imagine  what  we  pay  three  officers  in  this 
county.  I  have  been  doing  a  little  figuring  on  this  question, 
and  find  that  we  pay  three  officers  in  this  county  about  twenty- 
five  thousand  dollars.  Under  this  bill  we  would  pay  only 
about  ten  thousand  dollars,  and  fifteen  thousand  dollars  would 
go  into  the  treasury.  Even  suppose  they  failed,  as  has  been 
suggested  here,  to  collect  one-half  of  the  fees,  there  would 
be  even  under  these  circumstances  seventy-five  hundred  dollars 
saved.  Without  the  seventy-five  hundred  dollars  we  don't  col- 
lect we  will  say,  seven  or  eight  thousand  dollars,  and  also 
stop  the  paying  of  salaries  that  they  cannot  command  any- 
where else. 

Mr.  COFFFEN.  I  am  opposed  to  this  minority  report  for 
some  reasons.  In  the  first  place,  the  gentlemen  from  Uinta 
county  that  seemed  to  favor  it,  if  he  will  examine  it,  he  will- 
find  it  cuts  him  off  from  the  very  points  he  wants  to  secure,, 


PROCEEDINGS  AND  DEBATES.  807 

just  as  much  as  the  other,  and  it  don't  answer  any  of  the  de- 
mands he  seems  to  think  it,  does.  I  am  in  favor  of  the  majority 
report,  because  it  takes  up  this  question  and  classifies  our  offi- 
cials. That  is  what  the  people  of  our  country  demand.  They 
do  not  want  this  convention  to  touch  the  question  of  county 
salaries.  They  will  not  think  more  of  this  convention  or  the 
constitution  if  the  question  is  touched  concerning  the  amount 
of  salaries.  I  believe  they  will  approve  of  your  action  if  you 
say  that  you  have  allowed  a  reasonable  compensation  for  the 
service  rendered,  according  to  the  amount  they  could  demand 
in  their  different  avocations.  They  would  also  be  influenced  in 
favor  of  your  work,  as  you  will  be  able  to  show  by  the  adoption 
of  this  majority  report  that  you  have  saved  your  state  seventy- 
five  thousand  dollars  a  year.  I  have  done  some  figuring  on 
this.  I  will  speak  to  the  point  now.  As  we  go  through  this 
majority  report,  we  will  find  that  there  are  three  classes  of 
counties,  those  with  an  assessed  valuation  of  two  million, 
those  not  exceeding  five  million,  and  those  having  more  than 
five  million.  I  believe  this  is  a  good  classification.  If  you 
will  look  at  this  majority  report,  you  will  see  that  if  it  is  neces- 
sary it  can  be  amended  to  meet  the  demands  of  the  various 
counties  in  which  .we  reside,  as  we  see  proper.  This  can  be 
more  easily  amended  than  the  other,  and  we  can  sooner  get  the 
good  results  sought  for  in  following  the  majority  report  than 
the  other.  As  I  have  said  before  I  have  done  some  figuring  on 
this  question.  In  the  counties  not  exceeding  two  million  as- 
sessed valuation,  forty-five  hundred  dollars  is  provided  for 
in  this  majority  report  as  the  expenses  of  these  five  county  offi- 
cials. I  have  also  examined  into  the  statutes  and  discovered 
what  these  same  officers  cost  us  under  the  present  law,  and  I 
have  discovered  in  these  smaller  counties,  instead  of  being 
forty-five  hundred  dollars,  it  amounts  to  over  ten  thousand 
dollars.  Sometimes  our  treasurer  wrill  get  one-half  as  much 
as  all  these  five  officers  ought  to  receive  in  these  smaller  coun- 
ties, or  nearly  so.  So  we  will  save  more  than  one-half  in  the 
smaller  counties  by  adopting  this  majority  report.  I  just^wish 
to  call  your  attention  to  this  minority  report  for  a  moment. 
Is  it  provided  that  no  officer  in  any  county  shall  receive  a  larg- 
er amount  than  three  thousand  dollars,  so  the  salary  of  these 
five  officers  will  be  fifteen  thousand  dollars  under  the  minority 
report,  which  you  favor.  For  I  think  it  is  very  probable  they 
will  get  very  near  to  the  limit  which  you  have  provided,  and 
that  is  what  (I  wish  to  avoid,  these  excessive  salaries.  But  to 
return  to  the  present  law.  Our  sheriff  gets  three  thousand 
dollars,  and  in  fees  from  one  to  two  thousand  dollars  more,  ap- 
proximately then  he  receives  four  thousand  dollars.  Our  coun- 
ty clerk  gets  fifteen  hundred  dollars,  and  fees  from  fifteen  to 
two  thousand  more,  and  I  am  putting  it  low  on  fees,  when  1 
say  fifteen  hundred  dollars  every  one  will  admit,  so  that  makes 


SoS  CONSTITUTIONAL  CONVENTION. 

throe  thousand  to  the  county  clerk.  Our  county  treasurer  gets 
fifteen  hundred  dollars,  by  law,  and  fifteen  hundred  more  in 
fees,  and  about  five  hundred  dollars  as  probate  judge,  this  last 
is  an  estimate,  only  approximately  it  may  be  less,  and  it  may 
be  more,  and  our  assessor  gets  five  hundred  dollars  and  the  per- 
centage, which  will  make  I  presume  about  eight  or  nine  hun- 
dred dollars  in  all,  and  the  superintendent  of  schools  gets  five 
hundred  dollars.  Thus  you  see  under  our  present  law  it  costs 
us  more  than  ten  thousand  dollars,  and  this  majority  report 
cuts  it  down  to  forty-five  hundred  dollars.  So,  as  I  have  said, 
in  our  small  counties  the  saving  is  one-half,  and  take  it  in  your 
larger  counties  the  saving  is  even  more  than  one-half.  It  is 
ideally  more  than  one-half  in  all,  but  I  have  tried  to,  be  very 
reasonable  in  this  estimate,  but  as  near  as  I  can  figure  it,  it 
is  on  an  average  of  seventy-five  hundred  dollars  per 
county,  or  seventy-five  thousand  dollars  in  the  whole 
state.  Nowr  just  one  word  in  reference  to  fees.  There  is  some 
force  in  the  argument  made  by  'Mr.  Riner  that  the  administra- 
tion of  the  sheriff's  office  will  be  better  in  civil  cases  if  he  be 
allowed  his  fees.  I  think  there  is  force  in  that,  but  after  all 
it  is  but  a  question  of  official  duty,  but  if  the  legislatures  are 
what  you  believe  they  are,  and  what  I  believe  they  are,  they 
will  provide  against  this.  But  by  adopting  this  majority  re- 
port you  put  all  temptation  out  of  the  way  of  future  legisla- 
tures, to  overlook  this  matter,  for  you  have  fixed  it  tor  them, 
so  I  think,  gentlemen,  we  will  secure  what  we  want,  what  the 
people  want,  by  adopting  this  majority  report. 

Mr.  CAMPBELL.  I  offer  the  following  as  an  amend- 
ment to  Sec.  4,  to  be  inserted  between  the  sixth  and  seventh 
lines  of  Sec.  4:  "Provided  further,  that  the  county  officers  shall 
not  receive  salaries  in  excess  of  the  fees  earned  and  collected 
by  them,  and  provided  further,  that  in  addition  to  said  salary, 
they  shall  be  permitted  to  retain  out  of  the  fees  earned  such, 
commission  as  the  legislature  may  provide  for  collecting  the 
same.'1 

Mr.  PRESTOX.  I  don't  know  that  I  am  exactly  in  favor 
of  either  the  majority  or  minority  report  presented,  but  I  am 
opposed  to  the  amendment  offered  by  Mr.  Campbell.  My  rea- 
son for  being  opposed  to  that  amendment  I  will  state  briefly, 
and  it  is  this.  If  there  is  a  single  county  officer  required  in 
any  county  in  this  territory  it  is  a  sheriff,  and  that  office  is  re- 
quired to  be  filled  by  a  good  man,  and  I  pride  myself  in  speak- 
ing on  behalf  of  the  county  I  represent,  that  we  have  one  of 
the  best  sheriffs  any  county  ever  possessed,  and  under  this  pro- 
vision no  such  man  could  ever  be  called  upon  or  would  consent 
to  fill  the  oflice  of  sheriff.  In  the  first'  place,  sir,  the  office  of 
sheriff  in  a  county  like  Johnson,  Fremont,  Sheridan  or  Crook, 
the  fees  of  the  office  would  not  pay  his  living  expenses,  and  to 


PROCEEDINGS  AND  DEBATES.  809 

place  a  clause  in  the  constitution  that  says  the  county  officers 
shall  not  receive  a  salary,  only  sut-h  salary  as  the  fees  would 
pay,  would  be  placing-  those  counties  in  a  position  where  they 
could  not  have  a  sheriff. 

Mr.  CAMPBELL.     If  the  legislature  should  provide  that 
they  should  have  the  fees? 

Mr.  PRESTON.  No,  sir,  even  if  the  legislature  should  pro- 
vide fees  for  civil  cases  and  criminal  processes,  it  would  not 
pay  the  sheriff.  I  dare  say  that  the  sheriff  even  in  the  dis- 
charge of  his  duty  in  a  county  like  Fremont,  in  the  service  of 
civil  processes,  where  he  is  frequently  compelled  to  ride  i'rom 
seventy-five  or  a  hundred  miles  to  serve  that  process,  that  even 
with  the  fees  allowed,  he  makes  very  little  more  than  his  ex- 
penses in  going  and  coming  from  the  place  in  serving  the  pro- 
cess, and  (I  am  in  favor  of  county  officers  being  paid  a  salary. 
I  believe  that  it  is  the  sense  of  the  convention,  as  well  as  the 
people  of  the  territory,  that  there  should  be  a  change  in  the 
system  of  paying  their  county  officers,  and  while  I  believe  the 
sheriff  should  be  paid  a  salary,  Ijbelieve  he  should  be  entitled 
to  receive  in  addition  to  his  salary  the  fees  that  are  allowed 
by  law  for  the  service  of  processes.  Let  the  salary  be  cut  dowrn 
from  $1,250  in  counties  wiiere  the  assessed  valuation  is  two 
and  three  millions,  and  pay  him  a  thousand  dollars  and  allowr 
him  all  fees  for  serving  civil  processes'.  There  is  no  question 
but  what  if  you  compelled  the  sheriff  to  accept  a  certain  fixed 
amount,  and  not  allow  tiiin  any  fees  for  serving  civil  processes, 
for,  my  friends,  if  he  has  occasion  to  ride  a  hundred  miles  to 
serve  it  in  winter,  do  you  suppose  he  is  going  to  put  himself 
out  to  ride  that  far,  if  he  is  allowed  the  same  amount  if  he 
stays  at  home,  and  so  far  as  leaving  the  legislature  to  fix  part 
of  it,  I  think  you  had  better  leave  it  to  fix  them,  and  I  am  very 
much  surprised  at  some  gentlemen  on  the  floor  of  this  conven- 
tion who  are  unwilling  to  leave  anything  to  the  legislature.  I 
have  heard  it  so  long  and  so  often  that  it  has  become  stale, 
and  I  heard  it  so  much  before  I  went  broke  on  Deronda  I  was 
afraid  to  meet  a  member  of  the  legislature.  If  it  is  necessary 
to  fix  the  salary  of  the  sheriff,  if  it.  is  necessary  to  fix  the  sala- 
ries in  this  constitution  of  these  various  county  officers,  let 
us  fix  it,  but  ifi  the  name  of  Heaven  give  the  legislature  a 
rest. 

Mr.  MORGAN.  So  far  as  to  whether  or  not  a  public  officer 
will  discharge  his  duty  faithfully,  /I  think  we  must  take  it  for 
granted  he  will.  People  elect  men  to  office,  and  they  elect  men 
who  in  their  judgment  will  do  that  velry  thing.  Now  I  think 
the  people  expect  that  we  will  adjust  that  matter,  I  know  they 
do,  that  we  must  see  to  it  that  the  people's  money  is  not  squan- 
dered. I  have  not  been  favorable  to  too  low  salaries,  but  when 
the  fact  presents  itself  to  us,  we  have  provided  for  a  governor 
to  receive  twenty -five  hundred  dollars  as  his  compensation, 


Sio  CONSTITUTIONAL  CONVENTION. 

and  that  governor  will  be  called  upon  for  thousands  of  expen- 
ditures that  we  cannot  anticipate,  for  matters  in  the  line  of 
his  duty,  and  twenty-five  hundred  dollars  is  all  that  is  pro- 
vided for  the  supreme  court  as  compensation  for  them.  Now 
it  $s  our  duty  to  see  to  it,  for  in  the)  first  place  every  officer 
elected  or  appointed  is  elected  to  perform  the  people's  work, 
and  the  people  have  the  right  to  fix  the  compensation  and  have 
the  right  to  fix  it  at  a  reasonable  .sum,  and  that  is  what  we 
ought  to  do,  and  not  to  permit  any  man  in  this  territory  to  re- 
ceive three  or  four  times  the  salary  of  the  governor,  for  work 
not  so  frequent,  that  does  not  require  so  large  a  iield  of 
knowledge,  so  much  ability  or  so  much  work,  and  the  same  way 
with  the  supreme  court.  I  favor  myself  this  majority  report, 
and  think  what  Mr.  Hay  has  said,  he  is  a  business  man  and  un- 
derstands that  kind  of  thing,  is  very  nearly  right.  It  may  be 
necessary  to  put  in  some  amendments  about  civil  case  fees, 
and  let  that  be  done,  but  let  us  stick  to  the  main  question,  and 
fix  these  salaries  at  a  reasonable  figure. 

Mr.  McCANDLISH.  I  look  at  this  thing  as  a  pure  matter 
of  business.  To  get  this  work  well  done  for  the  amount  least 
possible.  There  is  nothing  in  this  majority  report  which  says 
they  must  receive  the  amount  that  is  called  for  here.  The  leg- 
islature can  fix  that  amount.  Of  course  if  the  members  from 
Laramie  county  wish  their  sheriff  to  have  more  pay  than  they 
do  the  governor,  why  it  is  all  right  for  them  to  do  so. 

Mr.  HOYT.  I  have  never  held  a  county  office,  and  have  no 
familiarity  whatever  with  the  peculiar  ways  that  seem  to  at- 
tach to  these  offices,  but  would  like  to  have  some  gentleman  in- 
form me  what  it  is  in  the  nature  of  a  few  county  offices  so 
different  from  offices  in  general,  that  should  make  it  impossi- 
ble for  them  to  perform  their  duty  in  those  offices?  We  have 
had  the  question  raised  but  not  answered.  Now  I  wish  to  say 
in  general  terms  that  in  having  statehood  we  will  have  ad- 
ditional expenses  to  assume,  and  it  is  important  that  we  look 
carefully  to  all  these  matters,  which  though  small  in  each  indi- 
vidual matter,  are  very  great  in  the  aggregate.  In  my  judg- 
ment to  pay  to  any  county  officer  five,  six  or  nine  thousand 
dollars  is  an  outrage  upon  taxpayers  and  money  simply  thrown 
away. 

Mr.  HAY.  Jt  has  been  urged  here  that  a  larg«k  amount  of 
the  fees  that  should  belong  to  the  county  and  state  will  not  be 
collected  through  the  negligence  of  the  officer,  and  as  this  is- 
not  tho  proper  time  to  offer  an  amendment,  I  want  to  suggest 
when1  it  is  propefr  time  that  there  be  added  to  Sec.  2,  at  the 
close  of  the  section,  ending  "and  shall  pay  the  same  into  the 
proper  treasury  when  collected,"  there  be  added,  "and  the  offi- 
cer whose  duty  it  is  to  collect  such  fees  shall  be  held  responsi- 
ble on  his  bond  for  neglecting  to  collect  the  same."-  They  can 
be  held  responsible  the  same  as  any  one  else. 


PROCEEDINGS  AND  DEBATES.  Si  I 

Mr.  FOX.  I  think  we  are  all  off  the  track.  There  is  a  sen- 
sible view  of  this  matter  which  ought  to  be  taken.  Commenc- 
ing with  the  precinct  officers,  I  think  they  should  not  be  paid 
by  feesl,  because  if  paid  a  salary  it  conies  out  of  the  county 
treasury.  If  by  fees  the  people  pay  for  it.  Therefore  we  will 
be  out  of  pocket.  When  it  conies  to  county  officers  certain  of 
them  should  be  paid  by  fees.  I  think  the  sheriff  should  have 
a  stated  salary,  and  I  think  he  should  have  fees  for  the  reason 
stated  by  Mr/Preston,  if  he  is  paid  a  salary  and  gets  nothing 
else,  when  he  has  a  process  to  serve  on  a  cold  day  he  don't  go 
because  he  don't  get  paid  for  it.  You  cannot  do  his  business 
without  you  furnish  the  sheriff  a  number  of  deputies  to  do  the 
work,  because  he  is  not  going  to  do  it  himself.  You  have  got 
to  make  that  provision.  In  counties  of  the  third  class  you  will 
have  to  furnish  the  sheriff  with  deputies,  at  least  one  hundred 
dollar^  a  month,  you  Avill  need  at  least  three  of  them  under 
this  system.  If  you  pay  your  sheriff  three  thousand  a  year 
he  is  not  going  to  go  himself,  but  is  going  to  sefrd  his  deputy 
every  time  there  is  anything  to  do  out  in  the  country.  While 
under  this  other  system  he  will  have  but  one  deputy,  and  they 
will  do  all  the  work  and  get  the  fees,  but  you  take  away  the 
fees,  and  he  will  require  three  deputies  at  a  hundred  dollars  a 
month,  to  be  paid  out  of  the  county  treasury,  and  under  the 
other  system  it  comes  out  of  the  litigants.  The  same  way  with 
the  recorder.  You  pay  your  recorder  fifteen  hundred  dollars 
a  year  and  he  gets  the  fees  for  recording,  he  wrill  put  in  four 
teejn  hours  a  day  in  his  office  if  he  has  got  the  work  to  do.  1 
know  this  by  experience,  and  the  fees  he  will  save  because  he 
does  the  work  he  earns.  But  if  you  pay  him  fifteen  hundred 
dollars  a  year  and  the  fees  go  to  the  county  treasurer,  what  does 
he  do?  He  does  not  record  a  single  page  on  the  record.  You 
have  to  furnish  him  deputies  who  will  do  the  work,  and  it  will 
take  all  the  fees  to  pay  those  deputies  and  more  too.  You 
have  either  got  to  have  deputies  or  fees.  If  the  county  clerk 
makes  more  money  out  of  his  office  than  you  think  he  is  enti- 
tled to,  cut  down  the  fees.  Make  the  fees  small  enough  so  as  to 
equalize  the  business  as  it  should  be.  1  tell  you,  gentlemen, 
that  is  the  only  way  this  thing  can  be  fixed  and  be  ri<rht. 

Mr.  BAXTER.  It  seems  to  me  unnecessary  to  discuss  this 
question  of  the  reduction  in  expenses,  wre  have  all  made  up  our 
minds  as  to  that.  There  is  no  more  important  matter  before 
this  convention  than  to  fix  in  some  way  a  method  that  will  re- 
lieve us  of  the  expense  we  are  burdened  down  with  in  paying 
these  county  officials,  and  to  test  the  sense  of  this  convention, 
I  desire  to  offer  an  amendment,  and  it  is  in  deference  to  the  ar- 
gument by  Mr.  Riner  that  if  all  fees  were  to  be  paid  into  the 
treasury,  there  would  be  no  fees  collected  to  speak  of.  That 
means  that  the  officers  are  not  going  to  do  their  duty,  but  still 


i 2  CONSTITUTIONAL  CONVENTION. 

the  best  thing  to  do  is  the  cheapest  thing.  Add  to  Sec.  3  of  the* 
majority  report  the  following:  "Provided  that  the  legislature 
may  provide  by  law  that  the  county  officials  herein  enumerated 
may  retain  twenty  per  cent  of  all  the  fees  collected  for  serv- 
ing civil  processes."  That  is  to  retain  only  twenty  per  cent 
of  the  fees  in  counties  of  the  first  class,  fifteen  per  cent  in  coun- 
tie^  of  the  second  class,  and  ten  per  cent  in  counties  of  the 
third  claste.  That  will  operate  to  make  them  somewhat  effi- 
cient. You  can  take  this  county,  where  the  sheriff  probably 
gets  six  or  seven  thousand  dollars  a  year  in  fe^s.  Under  this 
amendment  he  gets  seven  hundred  a  year,  and  that  is  worth 
looking  after,  and  I  think  such  a  provision  as  that  would 
probably  meet  the  objection.  I  offer  this  as  an  amendment  to 
Sec.  3. 

Mr.  CAMPBELL.     I  withdraw  my  amendment  with  the 
cor-^ent  of  my  second  and  want  to  second  this  at  the  same 
time. 

Mr.  FOX.  I  think  the  county  treasurer  should  have  a  fixed 
salary,  and  I  say  that  the  assessor  should  be  paid  a  fixed  sal- 
ary and  expenses,  and  I  think  the  county  superintendent 
should  be  paid  a  fixed  salary  and  traveling  expenses,  and  I 
think  the  county  attorney  should  be  paid  a  fixed  salary,  accord- 
ing to  the  population,  but  I  think  the  county  clerk,  the  sheriff 
and  recorder,  they  are  entitled  to  a  salary  and  fees,  let  the  fees 
be  what  they  will.  If  he  has  the  fees  the  more  he  will  do  for 
himself,  and  if  he  don't  get  the  fees,  take  ft  in  our  county  for 
instance,  the  county  clerk  gets  fifteen  hundred  a  year  and  the 
fees,  but  you  take  the  fees  away  from  him,  and  you  will  have  to 
hire  three  deputies  at  a  hundred  dollars  a  month,  and  the 
county  will  have  to  pay  for  it.-  As  it  is  now  all  that  comes  out 
of  the  county  is  the  fifteen  hundred  dollars,  but  take  the  fees 
away,  and  this  extra  thirty-six  hundred  a  year  will  come  out  of 
the  county. 

Mr.  COFFEEX.  I  would  like  to  ask  a  question.  Will  lie 
be  allowed  any  more  deputies  than  the  law  provides  for? 

Mr.  FOX.  He  will  be  allowed  deputies  enough  to  do  the 
work.  The  work  has  got  to  be  done  and  you  can't  make  him 
do  it,  and  you  have  got  to  furnish  him  a  deputy.  You  can't. 
get  a  deputy  for  less  than  one  hundred  dollars  a  mouth.  I 
used  to  wTork  fourteen . to  sixteen  hours.  Why  did  I  do  it? 
IJecMiise  I  was  earning  the  money  )I  was  working  for.  I  did 
not  have  to  pay  a  man  at  the  end  of  the  month  who  didn't 
work  more  than  eight  hours.  This  is  the  cheapest  plan,  fix  the 
salary  and  let  him  have  the  fees,  because  Hie  fees  come  out 
of  the  public.  If  you  do  it  the  other  way  it  comes  out  of  the 
county  treasury. 

Mr.  ELIjIOTT.  I  was  somewhat  taken  by  the  majority  re- 
port of  this  comiitfttee  at  first.  It  looked  as  though  it  was  an 
economical  proposition.,  but  on  looking  over  the  file,  to  the 


PROCEEDINGS  AND  DEBATES.  813 

next  to  the  last  section  four,  it  seems  to  me  that  it  is  the 
most  damnable  proposition  submitted  to  this  convention  at 
all.  It,  leaves  the  gate  wide  open,  and  leaves  it  within  the 
power  of  the  county  commissioners  to  bankrupt  any  county  in 
this  territory.  Now  the  proposition  as  I  understand  it,  the 
reason  alleged,  and  I  say  it  at  the  risk  of  being  called  down 
by  the  gentleman  from  Fremont,  the  reason  why  this  is  out  in 
hero  is  because  the  legislature  wrill  not  be  fit  to  judge  of  what 
the  proper  salaries  for  these  county  officials  should  be,  but 
that  the  county  commissioners  will.  Jn  regard  to  this  I  wrill 
say  that  I  take  it  when  a  majority  of  the  public  demand  that 
the  county  fees  shall  be  reduced  that  the  legislature  will  re- 
duce them.  EArer  since  I  have  been  in  Wyoming  I  have  seen 
from  time  to  time  propositions  brought  in  to  reduce  the  sal- 
aries of  county  officers,  and  what  has  been  the  result.  They 
have  been  defeated  by  overwhelming  majorities,  by  the  repre- 
sentatives of  the  people  themselves.  However  the  majority 
may  seem  to  feel,  the  majority  have  never  yet  demanded  that 
the  fees  and  salaries  shall  be  reduced,  and  I  say  until  they  do 
demand  that,  the  legislature  will  provide  some  way  to  keep 
up  the  fees  and  salaries. 

Mr.  COFFEEN.  Just  one  word  on  this.  I  think  Sec.  4\  is 
very  unwise.  But  what  I  want  to  get  at.  is  that  the  ques- 
tion is  not  on  Sec.  4,  but  on  the  adoption  of  the  majority  re- 
port, a  very  different  thing.  I  believe  the  majority  report  is 
the  best  report  on  wrhich  to  base  a  constitutional  provision, 
but  I  shall  be  in  favor  of  cutting  out  Sec.  4. 

Mr.  CHAIR-MAN.  Are  you  ready  for  the  question?  The 
question  is  on  the  adoption  of  Mr.  Baxter's  amendment. 

Mr.  ELLIOTT.  I  rise  to  a  point  of  order,  and  ;I  do  it  with 
no  feeling  against  Mr.  Baxter's  amendment,  but  the  point  of 
order  that  I  wTish  to  make  is  that  an  amendment  is  not  proper 
to  a  motion  to  strike  out.  The  motion  as  I  understand  it  is  to 
adopt  Sec.  3  or  4  of  the  minority  report  in  place  of  a  certain 
section  in  the  majority  report. 

Mr.  BAXTER.    I  withdraw  my  amendment  for  the  present. 

Mi'.  POTTER.  With  the  consent  of  my  second  I  will  with- 
draw my  motion  for  the  adoption  of  the  majority  report.  I 
made  it  for  the  sole  purpose  of  having  this  question  discussed. 

Mr.  BAXTER.  I  move  to  amend  Sec.  3  as  indicated  by  niy 
amendment. 

Mr.  BURRITT.  I  desire  to  be  heard  for  a  minute  or  two 
Mr.  Chairman,  I  am  opposed  to  both  this  minority  report  and 
this  majority  report  for  the  reason  that  they  are  froth  simply 
catch  pennies  for  the  purpose  of  securing  votes  for  the  ratifi- 
cation of  this  constitution.  I  do  not  know  who  figured  out  the 
schedule  of  prices  for  Johnson  county,  if  that  is  to  be  included 
in  the  first  list,  and  I  suppose  it  is,  but  whoever  did  they  have 
certainly  made  a  mistake  upon  two  of  the  offices.  I  have  had 


CONSTITUTIONAL  CONVENTION. 

charge  of  the  assessment  roll  of  Johnson  county  myself,  with 
the  assistance  of  Mr.  Elliott,  for  the  past  four  or  five  years,  I 
am  not  sure  which.  It  does  not  cost  the  assessor  of  Johnson 
county  less  thai\  five  hundred  dollars  per  year  to  lay  the  assess- 
ment roll  upon  the  desk  of  the  county  clerk.  That  roll,  gen- 
tlemen, is  fair,  and  there  is  no  guess  work  about  it.  Mr. 
Elliott  knows  it  and  so  do  I.  So  the  assessor's  salary  as  fixed 
here  is  too  small.  Three  hundred  dollars  a  year  for  the  super- 
intendent of  schools  don't  pay  him  for  stepping  outside  of  the 
district  in  which  he  is  elected.  Our  district  is  pretty  large  and 
is  pretty  expensive.  But  I  say  there  is  no  occasion  for  this 
convention  to  interfere  with  this  question  at  all.  In  Johnson 
county  and  Sheridan  county  in  the  last  election,  the  issue  upon 
which  the  canvass  was  made  for  members  of  the  house  was 
this  question  of  limiting  the  fees  of  county  officers  and  fixing 
salaries,  and  that  question  will  be  brought  up  in  the  legisla- 
ture next  winter.  It  may  not  succeed,  but  that  is  the  place  for 
it  to  be  fixed.  And  if  it  is  not  fixed  right  the  next  legislature 
can  fix  it  over  again.  There  is  no  reason  why  this  convention 
should  undertake  to  usurp  the  rights  and  duties  of  those  who 
are  to  come  down  here  after  us,  and  leave  them  nothing  to 
do.  I  am  opposed  to  both  reports,  the  majority  most  of  all, 
and  the  minority  because  it  does  not  leave  enough  to  the  leg- 
islature. 

Mr.  SMITH.  I  have  listened  with  some  interest  to  the  dis- 
ctiission  here,  because  this  is  an  important  question  to  the 
people  as  well  as  to  the  office  holder.  The  ground  laid  down 
by  a  report  of  the  majority  of  this  committee  so  far  as  it  goes, 
it  seems  to  me  is  the  right  principle.  I  never  yet  have  been 
able  to  convince  myself  of  the  correctness  of  the  theory  of  why 
because  a  man  is  in  a  public  office  he  should  receive  four  or 
five  times  the  pay  he  would  get  in  any  other  position.  In  our 
part  of  the  country  I  don't  recall  a  sheriff  that  we  have  ever 
had  that  could  command  six  hundred  dollars  a  year  in  making 
hiJs  living  anywhere  else  than  on  the  public,  yet  he  has  been 
receiving  three  thousand  dollars  and  fees  amounting  to  as 
much  more.  The  men  we  have  had  have  been  good  sheriffs, 
but  have  received  three  or  four  times  as  much  as  they  would, 
have  if  they  had  been  working  for  anybody  else  than  the  pub- 
lic. Now  as  to  these  reports.  I  think  I  prefer  the  amend- 
ment of  the  gentleman  from  Laramie,  Mr.  Baxter,  but  I  think 
he  has  made  the  percentage  a  little  too  low.  It  is  true  that  in 
some  of  these  little  outside  counties  the  fees  are  very  low,  and 
I  don't  think  the  amount  the  sheriff  would  receive  would  be 
sufficient.  Aa  to  the  recorder's  fees,  I  don't  know  whether  it 
would  be  policy  to  turn  the  fees  in  or  cut  the  fees  down  and 
let  the  clerk  have  the  fees.  It  occurs  to  me  that  while  neither 
of  these  reports  are  complete  to  meet  the  case,  yet  the  major- 
ity report  conies  nearer  to  it.  I  have  had  considerable  to  do 


PROCEEDINGS  AND  DEBATES.  815 

with  work  in  our  county.  In  our  county  it  takes  twenty  thous- 
and dollars  to  pay  the  salaries  of  these  officers  who  could  not 
earn  half  of  it  in  any  other  place.  A  man  wants  to  be  elected 
and  he  has  got  to  pay  for  it,  and  he  must  have  the;  fees  for 
the  campaign  fund  to,  get  the  office.  This  theory  of  officers 
not  performing  their  duties  unless  they  get  fees  is  all  wrong, 
and  should  be  corrected. 

Mr.  PKESTON.    I  ani  opposed  to  the  percentage  added  to 
the  office  of  sheriff.    My  reason  for  it  is  that  thirty  per  cent 
would  not  pay  for  horse  feed  in  these  little  outside  counties. 
In  my  opinion  I  think  that  a  sheriff  who  is  elected  to  protect 
the  rights  and  interests  of  the  people  living  in  these  little 
outside  counties  should  have  enough  to  pay  his  expenses  in 
serving  a  process.     It  is  necessary  for  every  sheriff  in  these 
little  outside  counties  to  keep  at  least  two  horses,  and  he  is  nec- 
essarily compelled  to  keep  those  horses  at  his  own  expense. 
I  care  not  whether  the  requirements  of  his  office  take  only  oue, 
or  two,  or  three  months  in  the  year,  he  is  the  sheriff,  and  it 
is  his  duty  to  be  in  his  office  or  thereabouts  twelve  months  in 
the  year,  and  he  is  certainly  entitled  to  receive  from  the  peo- 
ple who  ask  him  to  protect  their  rights  and  their  property 
a  sufficient  sum  of  money  to  pay  for  his  meat  and  fuel.    Now 
in  these  counties  where,  you  now  propose  to  pay  a  salary  of  a 
hundred   and  twenty-five   dollars   a  month,    a   hundred    and 
twenty-five  dollars  a  month  wont  keep  a  family  even  in  a  lit- 
tle outside  county  like  Carbon,  and  yet  you  ask  him  to  pay  out 
of  this  sum  of  fifteen  hundred  dollars  his  expenses  in  certain 
civil  processes,  and  certainly  the  legislature  is  not:  going  to 
provide  that  the  sheriff  shall  receive  out  of  the  county  treasury 
his  necessary  traveling  expenses  in  serving  civil  processes 
for  somebody  else.    He  don't  get  enough  to  pay  his  expenses 
for  serving  a  criminal  process,  much  less  serving  civil  process- 
es, and  I  think  in  any  event  the  rights  of  the  people  that  are 
to  be  protected  by  the  sheriff  worth  all  of  a  Inmdred  and 
twenty-five  dollars  and  give  him  the  fees  that  he  will  earn 
by  civil  processes.     You  offer  this  thirty  per  cent  as  an  in- 
ducement to  do  that  which  the  legislature  will  pass  laws  to 
compel  him  to  perform.     Supposing  a  man  has  ;>,  writ  of  at- 
tachment and  he  wants  it  served  immediately  a  hundred  miles 
from  the  county  seat.    You  take  that  writ  to  the  sheriff  ana 
say  I  want  it  served,  and  the  law  requires  him  to  perform  his 
duty.     Suppose  he  says  to  you  I  have  anotner  duty  to  per- 
form, he  has  another  paper  in  his  pocket  not  as  important 
as  this  writ  of  attachment.    If  you  undertake  to  enforce  a  law 
against  him  requiring  him  to  serve  I  his  writ,  you  investigate 
it,  and  investigation  shows  that  he  is  engaged  in  the  perform- 
ance of  some  other  duty,  and  I  say  to  you  that  this  thirty  per 
cent  wont  rectify  that  mistake.    If  a  man  has  to  pay  his  ex- 


816  CONSTITUTIONAL  CONVENTION. 

penses,  if  he  has  got  to  pay  for  the  hire  of  horses,  for  if  he* 
don't  keep  them  it  is  necessary  for  him  to,  hire  them,  if  he  has 
got  to  pay  for  their  feed  going  and  Doming,  he  can  save  noth- 
ing out  of  the  fifteen  cents  a  mile  allowed  him,  and  I  say  to 
you  gentlemen  if  there  is  an  office-1  within  the  territory  of 
Wyoming  that  is  a  good  servant,  and  one.  that  ought  to  be 
paid,  it  i^  the  sheriff.  ;If  in  these  iitt.c  outside  counties  wliere 
the  people  are  complaining  of  the  crime  that  is  committed 
and  the  property  stolen,  you  want  to  be  protected  and  still 
you  want  to  ask  a  man  to  jeopardise  his  life  and  take  the  po- 
sition for  one  hundred  and  twenty-five  dollars  a  month  and  pay 
his  own  expenses  in  serving  processes,  when  it  will  cost  him. 
that  much  to  live.  There  is  no  question  but  in  some  counties 
the  officers  have  been  receiving  too  much,  but. I  don't  believe 
in  trying  to  starve  a  sheriff  to  death,  c specially  in  these  little 
outside  counties,  in  order  to  rectify  a  wrong  done  in  other 
counties  paying  their  officers  too  much. 

Mr.  HAY.  I  only  want  to  say  in  reply  to  the  gentleman 
that  there  is  nothing  in  the  majority  report  which  precludes 
the  payment  of  expenses  in  addition  to  the  salary.  We  fix  the 
salary  of  the  governor  of  the  state,  but  we  don't  say  that 
that  shall  include  his  office  rent  or  anything  else.  Or  that  we 
prevent  his  expense/8  being  paid.  Salary  means  salary,  that  is 
what  he  is  paid  for  his  work. 

Mr.  GRANT.  I  would  like  to  offer  an  amendment  to  the 
amendment  offered  by  Mr.  Baxter,  by  making  the  schedule 
fifty,  thirty  and  fifteen  per  cent. 

Mr.  BAXTER,    Second  the  motion. 

Mr.  CHAIR^LVN.  It  is  moved  and  seconded  that  Mr.  Bax. 
ter's  amendment  be  amended  so  as  to  read  fifty,  thirty  and  fif- 
teen per  cent.  Are  you  ready  for  the  question  ?  All  in  favor  of 
the  amendment  offered  by  Mr.  Grant  will  say  aye;  contrary 
no.  A  division  is  called  for.  All  in  favor  of  Mr.  Grant's  amend- 
ment will  rise  and  stand  until  counted — 14.  Those  opposed 
will  riso — 15.  The  motion  is  lost.  The  question  is  now  on  Mr. 
Baxter's  amendment.  All  in  favor  of  the  amendment  offered 
by  Mr.  Baxter  will  say  aye;  contrary  no.  The  noes  have  it-; 
the  amendment  is  lost. 

Mr.  HOLDEN.  I  desire  to  offer  as  a  substitute  to  Sec.  3 
of  the  majority  report  the  following:  "The  legislature  shall 
by  a  law,  uniform  in  its  provisions,  provide  for  and  regulate 
the  fees  of  all  county  officers,  and  for  this  purpose  may  classify 
the  counties.'1 

I  don't  like  that  amendment.  I  think  we  should  provide 
salaries  instead  of  fees  for  the  county  officers.  I  think  nine- 
tenths  of  the  people  demand  that  they  shall  be  salaried  in  place 
of  this  fee  system,  which  has  b^en  so  abused.  I  think  this- 
word  salary  must  be  put  in  some  place,  as  to  the  amount  that 
is  a  very  indefinite  matter. 


.  ROCEEDINGS  AND  DEBATES.  817 

Mr.  JOHXSTOX.  I  want  to  make  an  amendment.  Strike 
out  all  of  the  minority  report  and  all  of  the  majority  report 
after  the  second  section,  and  add  to  the  second  section,  "and 
the  officer  whose  duty  it  shall  be  to  collect  such  fees  shall  be 
held  responsible  on  his  bond  for  neglecting  to  collect  the 
same." 

Mr.  CAMPBELL.  I  move  this  committee  now  rise,  and  re- 
port these  tiles  back  to  the  committee  on  salaries  of  public 
officers,  to  take  action  and  report  again  this  afternoon. 

Mr.  HAY.  You  might  just  as  well  lay  it  on  the  tt^ble  at 
once,  for  the  majority  of  this  committee  will  refuse  to  take  it 
back.  We  got  up  this  report  in  good  faith,  and  there  is  no  good 
in  sending  it  back  to  us.  The  question  might  just  as  well  be 
settled  by  this  convention. 

Mr.  HOLDER.  I  want  to  withdraw  my  amendment,  and 
second  Mr.  Johnston's  amendment  to  strike  out  all  of  the 
majority  report  after  the  second  section. 

Mr.  BAXTER  I  want  to  say  a  word  before  that  is  settled. 
I  am  in  favor  of  the  few  words  added  to  Sec.  2,  but  I  am 
much  opposed  to  striking  out  t,he  balance  of  it.  If  the  legisla- 
ture can  fix  these  salaries  so  they  will  be  right,  wTe  can  fix 
them.  Some  gentlemen  here  oppose  this  because  they  say  it 
is  legislation,  and  hence  not  a  proper  thing  to  put  here.  But 
we  have  legislation  of  all  kinds  in  this  constitution,  so  that 
has  nothing  to  do  with  it.  If  we  are,  going  to  do  our  duty  to 
the  people  we  must  fix  this  matter  soi  as  to  cut  down  the  ex- 
penses in  these  counties  a^  they  exisit,  today.  I  have  not  any 
desire  to  cripple  the  efficiency  of  the  officers  in  these  counties 
which  have  a  small  population,  as  some  of  the  gentlemen  here 
seem  to  think  would  be  done,  and  I  want  to  do  whatever  is 
reasonable  and  just  in  this  matter,  but,  the  people  are  looking 
to  us  to  do  this,  and  I  think  we  ought  to  do  it  right  here.  And 
I  am  therefore  opposed  to  that  part  of  Mr.  Johnston's  amend- 
ment which  strikes  out  Sec.  3 

Mr.  COFFEEN.  I  am  opposed  to  this  motion  to  strike  out. 
If  you  strike  out  this  Sec.  3  you  will  see  the  same  extravagance 
in  county  offices,  you  go  back  and  this  is  left  just  where  it 
was  before,  and  you  have  squandered  the  seventy-five  thous- 
and dollars  on  which  you  could  have  argued  and  fought  for 
the  ratification  of  this  constitution.  Is  it  nothing  to  this  con- 
vention to  protect  the  people  to  the  extent  of  seventy-five 
thousand  dollars?  Is  it  nothing  that  you  have  demanded  as 
individuals  that  the  salaries  shall  be  fixed,  and  fixed  reasonably 
according  to  the  service  to  be  performed?  Is  it  nothing  that 
you  should  pass  it  by  and  not  touch  the  question  and  do  the 
duty  that  is  expected  of  you?  The  little  addition  that  the  gen- 
tleman from  Laramie  ha,s  made  to  Sec.  2  I  am  in  favor  of,  but 
when  he  moves  to  strike  out  this  section  which  provides  for 
— 52 


8iS  CONSTITUTIONAL  CONVENTION. 

the  salaries  for  the  three  classes  of  counties,  I  am  opposed  to 
it.  I  am  myself  in  favor  of  a  reduction  in  salaries  to  a  reas- 
onable amount,  and  this  section  provides  for  a  reasonable 
amount,  or  very  nearly  so.  Let  us  abolish  this  system  which 
<costs  us  more  than  statehood  will  cost  us. 

Mr.  CHAIRMAN.  Gentlemen,  the  question  is  on  the 
adoption  of  Mr.  Johnston's  amendment.  All  in  favor  of  the 
motion  will  say  aye;  contrary  no.  The  noes  have  it;  the  mo- 
tion is  lost. 

Mr,  KINEK.    tf  move  to  strike  out  Sees.  3,  4  and  5  of  the 
majority  report. 

Mr.  HOLDEN.    Second  the  motion. 

Mr.  HAY.  I  am  in  favor  of  the  amendment  under  the 
present  circumstances.  I  believe  we  will  sit  here  for  ten  days 
before  we  can  decide  on  Sec.  3.  I  see  there  is  a  very  strong  dis- 
position to  leave  that  part  out  of  the  constitution  for  various 
reasons.  The  first  two  sections  state  the  principle  and  are  en- 
tirely proper  for  a  constitutional  provision,  and  I  am  willing  to 
take  that  if  I  cannot  get  any  more.  Consequently  in  order  to 
settle  this  matter,  I  shall  favor  the  amendment  to  strike  out 
and  let  it  go  at  that  and  trust  to  the  legislature. 

Mr.  HOLDEN.  As  I  understand  the  motion  of  the  gentle- 
man from  Laramie.  it  is  the  same  motion  which  was  made  by 
Mr.  John/ston.  Now  I  believe  that  all  county  officers  should 
"be  salaried.  I  think  that  is  right,  but  I  do  not  believe  that  it 
is  the,  duty  of  this  convention  to  fix  those  salaries.  By  Sees.  1 
and  2  of  this  majority  report  we  make  it  the  duty  of  the  leg- 
islature to  fix  the  salaries  of  all  county  officers.  Now  I  teli 
you  why  I  would  be  opposed  to  fixing  these  salaries  at  this 
tune,  and  placing  them  in  this  constitution,  for  thife  reason. 
Whan  that  provision  goes  into  the  constitution,  it  will  be  a 
fixture.  It  cannot  be  changed  for  a  term  of  years  to  say  the 
least.  Now  for  that  reason  alone  we  should  leave  this  matter 
so  it  can  be  changed,  and  for  that  reason  I  intend  to  vote  for 
this  motion  to  strike  out  all  the  balance,  and  leave  that  mat- 
ter to  the  legislature.  By  these  two  sections  you  make  it 
their  duty  to  salary  these  officers,  and  I  propose  to  leave  it  to 
them  to  fix  the  amount.  And  to  leave,  it  within  their  power 
to  change  it,  whenever  the  circumstances  of  the  case  seem  t<5 
require  it. 

Mr.  BAXTER  I  don't  know  just  how  this  business  stands 
before  the  house,  but  I  have  an  amendment  which  I  desire  to 
offer  in  deference  to  Mr.  Preston's  ideas  about  this  matter. 
He  seems  to  think  that  the  efficiency  of  the  sheriff  is  going  to 
Jbe  crippled,  so  after  fixing  the  salaries  as  provided  by  Sec.  3, 
I  desire  to  add:  "That  the  legislature  may  provide  by  law 
that  the  sheriff  in  any  county  of  the  state  having  a  total  val- 
uation of  two  million  or  less,  may  retain  all  fees  collected  ac- 


PROCEEDINGS  AND  DEBATES.  819 

cording  to  law."  I  have  just  beqn  told  that  one-half  in  civil 
cases  would  amount  to  nothing  at  all,  and  that  he  should  be 
allowed  to  retain  all.  Then  I  would  go  on  and  classify  the 
.counties,  in  counties  of  less  than  three  million  and  more  than 
two  he  would  have  fifty  per  cent,  and  more,  than  three  mil- 
lions and  less  than  four,  thirty  per  cent,  and  counties  exceeding 
four  millions  fifteen  per  cent. 

Mr.  COFFEEN.  I  shall  hold  to  the  last  in  having  salaries 
instead  of  fees. 

Mr.  CHAIRMAN.  Gentlemen,  the  question  is  on  the  mo- 
tion offered  by  Mr.  Riner  to  strike  out  all  of  Sees.  3,  4  and  5. 
Are  you  ready  for  the  question? '  Ml  in  favor  of  the  motion 
will  say  aye;  contrary  no.  The  noes  have  it;  the  motion  is  lost. 

Mr.  FOX.  The  only  way  I  can  «ee  that  this  can  be  fixed 
will  be  to  take  one  of  these  at  a  time.  Fix  the  fees  of  the 
.sheriff,  the  treasurer,  the  county  clerk,  all  separately.  We 
will  never  get  at  it  in  any  other  way. 

Mr.  MORGAN.  I  move  this  committee  arise  and  report 
this  back  to  a  committee  of  one  from  each  county  to  fix  it. 

Mr.  CHAIRMAN.  Gentlemen,  you  have  heard  Mr.  Mor- 
gan's amendment.  All  in  favor  of  the  motion  will  say  aye; 
contrary  no.  The  noes  have  it;  the  motion  is  lost. 

Mr.  COFFEEN.  I  desire  to  offer  an  amendment  to  Sec.  4. 
Strike  out  Sec.  4  and  insert  the  following:  "The  legislature 
shall  provide  by  law  for  such  deputies  as  the  public  necessities 
may  demand,  and  fix  a  reasonable  compensation  therefor." 

Mr.  CHAIRMAN.  Gentlemen  you  have  heard  Mr.  Coffeen's 
amendment  read.  Are  you  ready  for  the  question?  All  in  fa- 
vor of  the  motion  will  say  aye;  contrary  no.  The  noes  have 
it;  the  motion  is  lost. 

Mr.  BAXTER.  I  move  tjiis  committee  rise,  report  pro- 
gress and  ask  leave  to  sit  again. 

Mr.  RINER.    Second  the  motion. 

Mr.  CHAIRMAN.  You  have  heard  the  motion.  Are  you 
ready  for  the  question?  All  in  favor  of  the  motion  will  say 
aye;  contrary  no.  The  ayets  have  it;  the  committee  will  now 
rise. 

(Report  of  committee  of  the  whole.) 

Mr.  PRESIDENT.    What  is  your  pleasure,  gentlemen? 

>Ir.  RINER,    I  move  the  report  be  adopted. 

Mr.  PRESIDENT.  All  in  favor  of  the,  adoption  of  the  re- 
port of  the  committee  of  the  whole  will  say  aye;  contrary  no. 
The  ayes  have  it;  the  report  stands  adopted. 

Mr.  RINER.  I  move  we  take  a  recess  until  half  past  seven 
this  evening. 

Mr.  PRESIDENT.  It  is  moved  and  seconded  that  we  now 
take  a  recess  until  seven  thirty  this  evening.  Are  you  ready 
for  the  question?  All  in  favor  of  the  motion  will  say  aye; 
contrary  no.  The  ayes  havet  it ;  the  motion  prevails. 


820  CONSTITUTIONAL  CONVENTION. 


EVENING  SESSION. 

Friday  evening,  Sept.  27. 

Mr.  PRESIDENT.     Convention  will  come  to  order. 

Mr.  BURRITT.  I  move  we  go  into  committee  of  the  whole 
for  consideration  of  the  general  file. 

Mr.  PRESIDENT.  Gentlemen,  you  have  heard  the  motion. 
Are  you  ready  for  the  question?  All  in  favor  of  the  motion 
will  say  aye;  contrary  no.  The  ayes  have  it.  We  are  noAv  in 
committee  of  the  whole.  Will  Mr.  Burritt  take  the  chair? 

Mr.  CHAIRMAN.  We  have  before  us  for  consideration  the 
substitute  for  Files  61,  65,  80  and  83.  We  were  discussing  Sec. 
3  when  the  committee  arose.  Are  there  any  further  amend- 
ments to  Sec.  3? 

Mr.  BROWN.  I  move  to  amend  Sec.  2  by  adding  to  the 
section,  "Provided  that  in  addition  to  the  salary  of  sheriffs 
they  shall  (be  entitled  to  receive  from  the  party  for  whom  the 
services  are  rendered  in  civil  cases  such  fees  as  may  be  pre- 
scribed by  law." 

Mr.  CHAIRMAN.  Gentlemen,  you  have  heard  the  motion. 
Are  you  ready  for  the  question?  All  in  favor  of  the  amend- 
ment to  Sec.  2  as  offered. toy  Judge  Brown  will  say  aye;  con- 
trary no.  The  ayes  have  it;  the  motion  prevails.  Sec.  2  is  so 
amended. 

Mr.  GRANT,  tin  the  seventh  line  where  it  provides  that 
the  county  assessor  shall  be  paid  five  hundred  dollars  per 
year,  I  move  to  strike  out  "five  hundred"  and  insert  "one 
thousand." 

Mr.  CHAIRMAN.  Gentlemen,  it  is  moved  and  seconded 
that  in  the  seventh  line  of  Sec.  3  the  words  "five  hundred 
dollars"  be  stricken  out  and  "one  thousand  dollars"  inserted. 
Are  you  ready  for  the  question? 

Mr.  COFFEEN.  I  do  not  wish  to  retard  the  business  of 
the  convention,  but  on  behalf  of  one  of  the  three  counties 
which  are  included  in  this  class,  I  would  prefer  to  wait  a  little, 
to  have  an  idea  of  what  is  to  be  done  in  the  other  counties 
that  are  represented  in  thevse  other  two  classes,  on  which  I 
shall  have  to  vote. 

Mr.  CHAIRMAN.  Gentlemen,  you  have  heard  the  motion. 
Are  you  ready  for  the  question?  All  in  favor  of  the  motion 
will  say  aye;  those  opposed  no.  The  ayes  have  it;  the  motion 
prevails. 

Mr.  GRANT.  In  line  seventeen,  I  move  to  strike  out  "seven 
hundred  and  fifty"  and  insert  "twelve  hundred." 

Mr.  CHAIRMAN.  It  is  moved  and  seconded  that  in  the 
seventeenth  line  the  words  "seven  hundred  and  fifty"  be  strick- 
en out  and  "twelve  hundred"  inserted.  Are  you  ready  for  the 


PROCEEDINGS  AND  DEBATES.  821 

•question?  All  in  favor  of  the  motion  will  say  aye;  contrary 
no.  The  ayes  have  it;  the  motion  prevails.  Are  there  any 
further  amendments? 

Mr.  HAY.  In  Sec.  3  in  the  fifth  line,  after  the  words 
"county  clerk"  .11  want  to  insert  the  words  "the  county  and 
prosecuting  attorney  shall  not  be  paid  more  than  twelve  hun- 
dred dollars  a  year." 

Mr.  CHAIRMAN.  It  is  moved  and  seconded  that  after  the 
fifth  line  there  shall  be  inserted  the  following-,  "the  county 
and  prosecuting  attorney  shall  not  be  paid  more  than  twelve 
hundred  dolla-rs  per  year."  Are  you  ready  for  the  question? 
All  in  favor  of  the  motion  will  say  aye;  contrary  no.  The 
ayes  have  it;  the  motion  prevails. 

Mr.  HAY.  Between  the  eighteenth  and  nineteenth  lines 
insert  "the  county  and  prosecuting  attorney  shall  not  be  paid 
more  than  fifteen  hundred  dollars  per  year." 

Mr.  CHAIRMAN.  Gentlemen,  you  have  heard  the  motion. 
Are  you  ready  for  the  question  ?  All  in  favor  of  the  motion  of 
Mr.  Hay  will  say  aye;  controry  no.  The  ayes  have  it:  the  mo- 
tion prevails. 

Mr.  HAY.  Between  the  twenty-eighth  and  twenty-ninth 
lines  insert  "the  county  and  prosecuting  attorney  shall  not 
t>o  paid  more  than  twenty-five  hundred  dollars  per  "year." 

Mr.  CHAIRMAN.  Gentlemen,  you  have  heard  the  motion. 
Are  you  ready  for  the  question?  All  in  favor  of  the  amend- 
ment offered  by  the  gentleman  from  Laraniie  will  say  aye; 
contrary  no,  The  ayes  have  it;  the  motion  prevails. 

Mr.  HAY.  It  has  been  suggested  by  some  on  this  floor  that 
some  provision  be  made  for  the  cleric  of  the  district  court, 
but  I  prefer  that  some  one  else  make  the  motion. 

Mr.  GRANT.  I  move  that  Sec.  4  be  stricken  out,  I  don't 
.think -it  is  in  quite  the  right  shape. 

Mr.  BAXTER.    Second  the  motion. 

Mr  CHAIRMAN.  It  is  moved  and  seconded  that  Sec.  1  be 
stricken  out.  Are  you  ready  for  the  question? 

Mr.  COFFEEN.  I  move  to  amend  that  by  adding  and  in- 
serting in  lieu  thereof  the  following:  "The  legislature  shall 
provide  by  general  law  for  such  deputies  as  the  public  neces- 
sities may  demand,  and  fix  a  reasonable  compensation  there- 
for." 

Mr.  GRANT.     Second  the  motion. 

Mr.  CHAIRMAN.  Gentlemen,  you  have  heard  the  motion. 
Are  you  ready  for  the  question?  All  in  favor  of  the  motion 
by  Mr.  Coffeen  will  say  aye;  contrary  no.  The  ayes  have  it; 
the  motion  prevails.  The  section  is  so  amended.  Any  other 
:amendments? 


822  CONSTITUTIONAL  CONVENTION. 

Mr.  FOX.  I  don't  think  it  is  good  policy  to  rush  through 
at  railroad  speed.  I  think  if  the  clerk  of  the  court  is  required 
that  we  should  fix  his  salary. 

Mr.  CHAIRMAN.    Are  there  any  further  amendments? 

Mi1.  GRANT.  I  move  to  strike  out  the  words  "three  hun- 
dred" in  the  eighth  line  and  insert  "five  hundred." 

Mr.  CHAIRMAN.  It  is  moved  that  "three  hundred"  in  the 
eighth  line  be  stricken  out  and  "five  hundred"  inserted.  Are 
you  ready  for  the  question?  All  in  favor  of  the  motion  will" 
say  aye;  contrary  no.  The  ayes  have  it;  the  motion  prevails. 

Mr.  GRANT.  In  the  nineteenth  line  I  move  to  strike  out 
"five  hundred"  and  insert  "seven  hundred  and  fifty." 

Mr.  CHAIRMAN.  Gentlemen,  you  have  heard  the  motion. 
Are  you  ready  for  the  question?  All  in  favor  of  the  motion 
will  say  aye;  contrary  no.  The  ay  els  have  it;  the  motion  pre- 
vails. 

Mr.  FOX.  For  the  last  class  I  think  the  salaries  are  too 
high.  )I  move  to  amend  by  striking  out  in  the  twenty-second 
line  "three  thousand"  and  making  it  "twenty-five  hundred.' 

Mr.  ORGAN.    Second. 

Mr.  CHAIRMAN.  Gentlemen,  you  have  heard  the  motion. 
Are  you  ready  for  the  question?  All  in  favor  of  the  amend- 
ment offered  by  Mr.  Fox  will  say  aye;  contrary  no.  The  ayes 
have  it;  the  motion  prevails. 

Mr.  FOX.  In  line  twenty-three  strike  out  "twenty-five 
hundred  and  insert  "two  thousand"  per  year. 

Mr.  CHAIRMAN.  Gentlemen,  you  have  heard  the  motion. 
Are  you  ready  for  the  question?  All  in  favor  of  the  motion 
will  say  aye;  contrary  no.  The  ayes  have  it;  the  motion  pre- 
vails. 

Mr.  FOX.  In  line  twenty -five  strike  out  "twenty-five  hun- 
dred" and  insert  "two  thousand." 

Mr.  CHAIRMAN.  Gentlemen,  you  have  heard  the  motion. 
Are  you  ready  for  the  question?  All  in  favor  of  the  motion 
will  say  aye;  contrary  no.  The  ayes  have  it;  the  motion  pre- 
vails. 

Mr.  FOX.  I  move  to  insert  between  lines  twenty-six  ana 
twenty-seven  "The  county  and  prosecuting  attorney  shall  be 
allowed  two  thousand  dollars  per  year." 

Mr.  COFFEEN.    Second. 

Mr.  CAMPBELL.  I  have  been  a  partner  of  two  of  the  pros- 
ecuting attorneys  of  Laramie  county,  and  I  will  say  right  here 
he  is  poorly  paid  at  two  thousand  five  hundred  dollars.  I 
would  not  take  the  office  in  this  county,  and  do  the  \vork  that 
the  prosecuting  attorney  has  had  to  do  during  tin*  last  three 
yeas  for  twenty-five  hundred  dollars  a  year,  and  get  the  abuse 
he  does.  Twenty -five  hundred  dollars  is  too  low  for  the  pros- 
ecuting attorney  of  this  county. 


PROCEEDINGS  AND  DEBATES. 

Mr.  HAY.  I  think  it  ought  to  bo  left  as  it  is.  I*  is  a  very 
important  position,  and  we  ought  to  make  it  enough  so  as  to- 
be  able  to  get  a  good  man  to  be  willing  to  take  the  place. 

Mr.  RtfNER.  I  would  not  do  the  work  for  less  than  twenty- 
five  hundred  dollars. 

Mr.  COFFEEN.  I  have  just  a  word  to  say  on  this.  It 
seems  to  me  that  we  ought  to  leave  this  to  the  wishes  of  the 
gentlemen  of  Larainie  county.  Let  them  decide  the  question 
for  themselves. 

Mr.  CHAIRMAN.  Gentlemen,  you  have  heard  the  motion 
to  make  this  salary  of  the  county  attorney  two  thousand  dol- 
lars. Are  you  ready  for  the  question?  All  in  favor  of  the  mo- 
tion will  say  aye;  contrary  no.  The  noes  have  it;  the  motion 
is  lost.  The  salary  stands  at  twenty -five  hundred  dollars  per 
year.  Any  further  amendments? 

Mi'.  HAY.  I  am  not  satisfied  with  that  amendment  which 
Judge  Brown  put  in,  about  sheriffs  retaining  all  the  fees,  and 
I  now  move  to  amend  to  give  him  fifty  per  cent  of  all  the  fees 
in  civil  cases. 

Mr.  CHAIRMAN.  Gentlemen,  it  is  moved  and  seconded 
that  the  sheriff  in  civil  cases  shall  receive  fifty  per  cent  of  the 
fees.  Are  you  ready  for  the  question? 

Mr.  HARVEY.  I  will  say  in  explanation  that  these  civil 
fees  will  not  amount  to  anything  in  our  county,  it  is  nothing 
like  what  it  is  in  these  larger  counties.  Where  the  principal 
money  is  made  by  the  sheriff  in  Larainie  county  and  Albany 
county,  as  I  understand  it,  is  in  boarding  the  prisoners,  as  I 
understand  they  Jboard  them  for  about  twenty  cents  and  get 
jsixty  cents. 

Mr.  HAY.  It  seems  to  me  that  the  argument  used  here 
so  often  this  afternoon  that  the  fees  come  out  of  the  litigators 
pockets  don't  cut  any  figure,  if  they  come  out  of  the  litigators 
pockets  and  go  into  the  county  treasury  it  is  all  right,  and  I 
don't  see  any  reason  why  you  cut  down  all  these  other  officials 
and  still  leave  the  shoriiFs  salary  about  the  same,  and  let 
them  have  all  the  fees. 

Mr.  GRANT.  I  move  to  cut  that  down  to  two  thousand., 
strike  out  "three'  in  line  twenty-two  and  insert  "two"  in- 
stead. 

Mr.  CHAIRMAN.  The  motion  is  pending  to  reduce  the 
amount  of  his  foies  to  fifty  per  cent  instead  of  giving  them 
all  of  it. 

Mr.  COFFEEN.  I  shall  vote  for  this  because  it  will  help 
reduce  the  expenses  of  the  county  down  one-half. 

Mr.  CHAIRMAN.  Are  you  ready  for  the  question?  All 
in  favor  of  the  motion  to  reduce  this  to  fifty  per  cent  will  say 
aye;  contrary  no.  The  noes  have  it;  the  motion  is  lost. 


824  CONSTITUTIONAL  CONVENTION. 

Mr.  GRANT.  I  now  move  to  strike  out  "three  thousand" 
and  insert  "two  thousand"  in  the  twenty-second  line. 

Mr.  CHAIRMAN.  Gentlemen,  YOU  have  heard  the  motion 
of  the  gentleman  from  Albany.  Are  you  ready  for  the  question? 
All  in  favor  of  striking  out  the  word  "three"  and  inserting 
"two"  in  lieu  thereof  will  say  aye ;  contrary  no.  The  ayes  hare 
it;  the  motion  prevails.  Any  further  amendments? 

Mr.  RINER.  I  move  when  this  committee  arise  they  report 
back  this  file  with  the  recommendation  that  it  be  adopted  as 
amended. 

Mr.  CHAIRMAN.  Gentlemen,  I  will  put  the  question  in 
just  a  moment,  but  want  to  call  your  attention  to  t,he  fact  that 
you  have  left  out  one  county  officer  who  makes  more  money 
than  any  other  county  officer  in  proportion  to  the  amount  of 
work  he  does  at  least  in  our  county.  I  allude  to  the  county 
surveyor. 

Mr.  RINER.  I  will  withdraw  my  motion  for  the  purpose 
of  having  the  county  surveyor  put  in. 

Mr.  CLARK.  I  move  to  insert  after  the  last  line  in  8ec.  3 
the  following:  "The  county  surveyor  in  all  counties  shall  re- 
ceive eight  dollars  per  day  for  each  day  actually  employed." 

Mr.  BROWN.  I  rise  to  make  an  inquiry.  Are  not  county 
surveyors  paid  by  contract  for  all  that  they  do? 

Mr.  CHAIRMAN.  I  would  simply  say  in  answer  to  that 
that  the  compensation  of  county  surveyors  is  fixed  by  lawT  at 
so  much  per  day  with  expenses  and  deputies  thrown  in,  until 
the  amount  counts  up  enormously,  at  least  it  does  in  Johnson 
county.  Gentlemen,  you  have  heard  the  amendment  of  Mr. 
Clark.  Are  you  ready  for  the  question?  All  in  favor  of  the 
motion  will  say  aye;  contrary  no.  The  ayes  have  it;  the  mo- 
t^on  prevails. 

Mr.  HOLDEN.  I  would  like  to  inquire  whether  we  have 
made  any  provision  with  reference  to  the  salary  of  the  dis- 
trict clerk. 

Mr.  CHAIRMAN.  It  is  provided  for  in  the  legislative  file. 
Gentlemen  you  have  now  disposed  of  the  substitute  for  61,  65, 
80  and  83.  What  is  your  pleasure? 

Mr.  RINER.  I  move  when  this  committee  arise  they  re- 
port back  this  file  with  the  recommendation  that  it  be  adopted 
as  a  part  of  the  constitution. 

Mr.  CHAiIRMAN.  (Icnilrmrn,  you  have  heard  the  motion. 
All  in  favor  of  the  motion  will  say  aye;  contrary  no.  The  ayes 
have  it;  the  motion  prevails.  Gentlemen,  the  next  thing  on 
the  general  file  is  proposition  No.  02,  which  I  believe  was  not 
printed.  The  clerk  will  please  read  it. 

(Reading  of  proposition  No.  92.) 

"The  homestead  as  provided  by  law  shall  be  exempt  from 
forced  sale  under  any  process  of  law,  and  shall  not  be  alienat- 


PROCEEDINGS  AND  DEBATES.  825 

•ed  without  joint  consent  of  the  husband  and  wife,  when  that 
relation  exists,  but  no  property  shall  be  exempt  from  sale  for 
taxes,  or  for  the  payment  of  obligations  contracted  for  the 
purchase  of  said  premises,  or  for  the  erection  of  improvements 
thereon." 

Mr.  BROWX.  I  move  when  this  committee  arise  that  file 
be  reported  back  with  the  recommendation  that  it  be  then 
adopted. 

Mr.  CHAIR-MAX.  Gentlemen,  it  is  moved  and  seconded 
that  when  this  committee  arise  they  report  back  File  92  with 
the  recommendation  that  it  be  adopted.  Are  you  ready  for 
the  question?  All  in  favor  of  the  motion  will  say  aye;  con- 
trary no.  The  ayes  have  it;  the  motion  is  carried. 

The  next  matter  for  your  consideration  is  the  report  of 
the  joint  committee  on  sections  to  be  substituted  for  certain 
sections  in  the  schedule.  The  clerk  will  read  the  substitute 
for  Sec.  20. 

"Members  of  the  legislature  and  all  state  officers,  district 
and  supreme  judges,  elected  at  the  first  election  held  under 
this  constitution  shall  hold  their  respective  offices  for  the 
full  term  next  ensuing  such  election,  in  addition  to  the  period 
intervening  between  the  date  of  their  qualification  and  the 
commencement  of  such  full  term." 

You  have  heard  the  substitute.  Are  you  ready  for  the 
question?  All  in  favor  of  the  substitute  as  reported  by  the 
joint  committee  will  say  aye;  contrary  no.  The  ayes  have  it; 
the  motion  prevails. 

The  secretary  will  read  Sec.  21  as  reported  by  the  joint 
committee. 

"If  the  first  session  of  the  legislature  under  this  constitu- 
tion should  be  concluded  within  twelve  months -of  the  time 
•designated  for  a  regular  session  thereof,  then  the  next  regular 
.session  following  said  special  session  shall  be  omitted." 

The  question  is  on  the  substitute.  All  in  favor  of  this  sub- 
stitute will  say  aye;  contrary  no.  The  ayes  have  it;  the  sub- 
stitute is  adopted. 

For  Sec.  22  the  committee  recommend  this  substitute:  "The 
first  regular  election  that  would  otherwise  occur  following  the 
first  session  of  the  legislature  shall  be  omitted,  and  all  county 
and  precinct  officers  elected  at  the  first  election  held  under 
this  constitution  shall  hold  their  offices  for  the  full  term  there- 
of, commencing  at  the  expiration  of  the  term  of  the  county 
and  precinct  officers  then  in  office,  or  the  date  of  their  quali- 
fication." 

Mr.  POTTER,  This  is  the  section  that  created  the  most 
difficulty  in  the  committee  and  also  with  the  committee  of  the 
whole.  I  think  we  tried  it  about  a  dozen  times,  and  the  more 
we  tried  in  a  worse  muddle  we  found  ourselves,  so  we  con- 
cluded to  leave  it  just  this  way.  If  we  held  an  election,  if  we 


826  CONSTITUTIONAL  CONVENTION. 

held  the  first  election  for  all  county  officers  as  provided  by  our 
territorial  law,  the  difficulty  was  this,  and  it  seemed  to  me  a 
particularly  good  objection.  The  legislature  at  its  first  ses- 
sion might  enact  laws  providing  for  an  entirely  different  set 
of  officers,  or  for  changing  one  office  to  another,  or  for  Combin- 
ing some  of  the  offices,  then  we  would  have  officers  elected  for 
two  years  with  a  statute  not  providing  for  any  such  officers, 
and  we  have  already  provided  that  the  county  officers  under 
the  territorial  law  should  remain  in  office  until  their  term  ex- 
pired. 

Mr.  BROWN.  As  to  this  matter  of  offices,  there  could  be 
no  trouble  for  this  reason.  The  legislature  would  provide  for 
officers  to  take  eifect  after  the  end  of  the  term  of  those  elected. 
If  they  wanted  to  make  any  change  in  the  oflices,  they  i-ould 
provide  that  the  officers  elected  at  the  first  election  should 
continue  in  office  until  .their  terms  expired,  the  legislature 
proving  that  any  officers  that  they  desire  to  take  effect  after 
those  terms  expired. 

Mr.  POTTER.  I  will  state  that  so  far  as  the  committee  is 
concerned  any  way  it  can  be  fixed  up  so  there  will  be  no  con- 
flict will  be  satisfactory  to  the  commute*?.  We  have  had  a 
£ood  deal  of  difficulty  about  this  matter,  and  as  Judge  Brown 
suggests  now,  I  can  see  it  can  be  made  so  the  legislature;  can 
provide  that  the  law  should  tak^  effect  som?  tim^  in  the  la- 
ture,  but  in  order  to  do  this  I  think  we  will  have  to  go  back  to 
a  p?'(  vious  section  and  provide  for  the  election,  and  liv  it  so 
that  it  shall  include  county  officers. 

Mr.  CHAIRMAN.  The  question  is  on  the  adoption  of  Sec. 
2:\.  Are  you  ready  for  the  question?  All  in  favor  of  the  adop- 
tion of  the  substitute  will  say  aye;  contrary  no.  The  ayes 
have  it;  the 'substitute  is  adopted. 

The  secretary  will  read  the  substitute  for  Sec.  24. 

"This  convention  does  hereby  declare  on  behalf  of  the  peo- 
ple of  the  territory  of  Wyoming,  that  this  constitution  has 
been  prepared  and  submitted  to  the  people  of  the  territory  of 
Wyoming,  for  their  rejection  or  adoption,  with  no  purpose  ot 
setting  up  or  organizing  a  state  government  until  such  time 
as  the  congress  of  the  United  States  shall  enact  a  law  for  the 
admission  of  the  territory  of  Wyoming  as  a  state  under  its 
provisions." 

Mr.  RINER.  In  order  to  bring  the  matter  up,  I  want  to 
offe?  an  amendment,  "This  constitution  shall  not  be  submitted 
until  an  act  of  congress  authorizing  us  to  call  an  election 
shall  be  passed." 

Mr.  CHAIRMAN.  Gentlemen,  you  have  heard  the  amend- 
ment. Are  you  ready  for  the  question? 

Mr.  RINER.  I  rise  to  a  question  of  privilege,  and  want  to 
talk  about  this  for  a  moment.  It  has  been  suggested  to  me, 
and  it  seems  to  me  with  a  good  deal  of  force,  that  if  we  sub- 


PROCEEDINGS  AND  DEBATES.  827 

mit  this  constitution  this  fall,  in  view  of  the  action  taken  by 
some  of  the  counties  when  the  governor  called  an  election  for 
this  convention,  the  county  attorneys  of  three  of  the  counties 
advised  that,  they  had  no  authority  to  incur  the  expense  of  an 
election,  is  not  thti  result  going  to  be  not  to  exceed  a  two  or 
three  thousand  vote  on  the  constitution,  when  as  a  matter  of 
fact  we  had  over  eighteen  thousand  votes  at  our  last  general 
election.  This  has  been  suggested  to  me  by  several  gentlemen 
in  this  town,  and  men  upon  whose  judgment  I  am  disposed  ta 
rely  as  to  such  matters.  I  think  the  matter  ought  to  be  very 
carefully  considered  by  this  convention  before  we  decide  upon 
it.  I  voted  in  favor  of  its  immediate  submission  last  night 
myself,  but  I  think  the  suggestion  is  a  good  one,  and  it  may 
work  harm  if  we  follow  the  course  adopted  last  night. 

Mr.  MORGAN.  It  would  seem  as  if  we  rather  questioned 
the  legality  of  our  own  proceedings. 

Mr.  GRANT.    I  move  that  it  be  laid  on  the  table. 

Mr.  CHAIRMAN.  Gentlemen,  the  question  is  on  the  adop- 
tion of  the  substitute  as  submitted  by  the  joint  committee. 
Are  you  ready  for  the  question?  All  in  favor  of  the  motion 
will  say  aye;  contrary  no.  The  ayes  have  it;  the  substitute 
stands  adopted. 

Mr.  BROWN.  Following  out  the  suggestions  made  by  Mr_ 
Potter  a  few  moments  ago,  I  wish  to  offer  an  amendment  to 
Sec.  8.  In  line  six,  after  the  word  "district,"  insert  the  word 
"county,"  and  after  the  word  "constitution"  in  the  seventh 
line  add  "and  such  other  county  and  precinct  officers  as  are 
provided  by  territorial  law." 

Mr.  CHAIRMxVN.  Gentlemen,  you  have  heard  the  motion. 
Are  you  ready  for  the  question?  All  in  favor  of  the  motion 
will  say  aye;  contrary  no.  The  ayes  have  it;  the  section  is  so 
amended. 

Mr.  BROWN.  I  move  when  this  committee  arise  they  re- 
port back  this  File  89  with  the  recommendation  that  it  be 
adopted  as  amended. 

Mr.  CHAIRMAN.  Gentlemen,  you  have  heard  the  motion.. 
Are  you  ready  for  the  question?  All  in  favor  of  the  motion 
will  say  aye;  contrary  no.  The  ayes  have  it;  the  motion  pre- 
vails, and  it  is  so  recommended. 

Mr.  RINER.    I  move  this  committee  now  rise  and  report. 

Mr.  CHAIRMAN.  It  is  moved  this  committee  now  rise 
and  report.  Are  you  ready  for  the  question?  All  in  favor  of 
the  motion  will  say  aye;  contrary  no.  The  ayes  have  it:  the 
motion  prevails.  The  committee  will  now  rise  and  report. 

Mr.  PRESIDENT.  You  have  heard  the  report  of  your  com- 
mittee of  the  whole;  what  is  you  pleasure? 

Mr.  RINER.    I  move  the  report  be  adopted. 


828  CONSTITUTIONAL  CONVENTION. 

Mr.  PRESIDENT.  All  in  favor  of  the  motion  that  the  re- 
port bo  adopted  will  say  aye;  contrary  no.  The  ayes  have  it; 
the  motion  prevails. 

Mr.  GRANT.  I  move  we  now  take  up  the  substitute  for 
Files  61.  05,  80  and  S3,  and  put  it  upon  its  final  passage. 

Mr.  PRESIDENT.  It  is  moved  and  seconded  that  the  sub- 
stitute for  Files  61,  65,  80  and  83  be  taken  up  and  put  iVpon 
its  final  passage.  Are  you  ready  for  the  question?  All  in  favor 
of  the  motion  will  say  aye;  contrary  no.  The  ayes  have  it; 
the  motion  prevails.  It  will  now  be  put  upon  its  final  passage. 
-Are  there  any  further  amendments? 

Mr.  GRANT.  I  move  to  amend  Sec.  3,  in  line  twelve.  I 
move  to  amend  by  striking  out  "two  thousand''  and  inserting 
' "fifteen  hundred/' 

Mr.  CLARK.  It  seems  to  me  Ave  are  using  the  knife  pretty 
freely  here  tonight  without  thinking  what  we  are  doing  at 
all.  This  provision  that  the  sheriffs  in  the  territory  in  the 
counties  where  the  territory  covered  is  large  and  the  criminal 
business  fully  as  important  as  in  this  county,  and  where  more 
serious  crimes  if  anything;  are  committed,  that  he  shall  be  cut 
down  to  fifteen  hundred  dollars,  I  ;think  we  ought  to  think 
twice  before  we  do  it.  I  am  satisfied  he  receives  no  more  than 
lie  ought  to  receive.  The  sheriff  in  this  county  has  a  large 
percentage  which  he  receives  now  in  fees  and  more  from  the 
board  of  prisoners,  and  it  seems  to  me  that  this  should  be  left 
as  it  is.  I  don't  believe  in  this  thing  at  all  of  the  convention 
fixing  salaries,  but  if  you  are  going  to  do  it,  I  want  to  ask  you 
to  think  once  or  twice  before  you  use  the  knife  as  you  have 
been  doing. 

Mr.  IRVINE.  I  hope  the  motion  to  amend  will  not  pre- 
vail. There  is  no  question  but  that  the  sheriff  of  our  county 
does  more  desperate  work,  more  dangerous  work,  than  the' 
sheriff  of  La-ramie  county.  The  sheriff  of  this  county  seldom 
goes  out  of  his  office,  whereas  the  sheriff  of  Converse  county 
is  constantly  called  upon  to  arrest,  dangerous  men.  He  is  en- 
titled to  two  thousand  dollars.  He  ought  to  be  well  paid  for 
the  danger  he  runs. 

Mr.  ELLIOTT.  I  will  just  say  one  word,  and  |I  speak  from 
^experience,  in  regard  to  this  matter,  for  one  of  the  counties 
in  the  north.  I  have  been  for  part  of  three  years  the  prosecut- 
ing attorney  of  Johnson  county,  and  the  greatest  difficulty  1 
"have  had  with  the  officers  all  that,  time  has  been  with  the 
•sheriff  on  account  of  his  expense  bills,  and  I  say  to  this  conven- 
tion right  here,  that  in  attempting  to  cure  one  evil,  they  are 
not  curing  the  greater  evil  at  all.  The  great  expense  is  in  the" 
sheriff  putting  in  these  bills  for  every  little  thing  he  does.  If 
we  can  provide  for  the  criminal  work  he  does  for  the  county 
:it  is  proper  he  should  receive  the  civil  fees,  if  we  provide  lie 


PROCEEDINGS  AND  DEBATES.  829^ 

shall  receive  a  salary,  that  the  legislature  shall  fix  a  salary 
which  he  shall  receive  in  lieu  of  whatever  he  shall  receive- 
from  the  county  for  his  services,  I  believe  we  will  coine  more 
near  to  reaching  the  evil. 

Mr.  CHAIRMAN.    The  question  is  on  the  motion  to  strike 
out  "two  thousand"  and  insert  "fifteen  hundred."     Are  you 
ready  for  the  question?    All  in  favor  of  the  motion  will  say 
aye;  contrary  no.    The  noes  have  it;  the  motion  to  strike  out 
is  lost.    If  there  are  no  further  amendments,  the  question  is  on 
the  final  reading  of  the  file  as  amended.     The  secretary  will: 
read  the  file  as  amended. 
(Final  reading  of  the  file.) 

The  secretary  will  call  the  roll.  All  who  are  of  the  opin- 
inon  that  the  file  as  read  be  adopted  will  say  aye  as  their 
names  are  called;  those  of  the  contrary  opinion  wil  say  no. 
Mr.  BURRITT.  I  don't  imagine  this  will  accomplish  any- 
thing that  the  convention  anticipates  it  will,  but  in  deference 
to  the  principle  (I  vote  aye. 

Mr.  CLARK.  In  view  of  the  fact  that  I  am  opposed  to  the 
principle  of  a  constitutional  convention  fixing  the  salaries  of 
county  officers  I  vote  no. 

Mr.  SMITH.    I  vote  aye  under  protest. 
Mr.  TESCHEMACHER.    I  vote  no  on  the  ground  that  I  ob- 
ject very  strongly  to  the  constitutional  convention  fixing  any 
officer's  salary. 

Mr.  PRESIDENT.    Your  vote  on  the  substitute  for  Files  61, , 
65,  80  and  83  is  as  follows:  Ayes,  21;  noes,  8;  absent,  20.    By 
your  vote  you  have  adopted  the  file  as  a  part  of  the*  constitu- 
tion. 

Mr.  CAMPBELL.  I  move  we  adjourn  util  9  o'clock  tomor- 
row morning. 

•      Mr.  PRESIDENT.     There  is  one  more  file  that  we  might 
dispose  of  this  evening,  a  short  one,  File  92. 

Mr.  BURRITT.  d  move  it  be  put  upon  its  final  reading  and 
passage. 

Mr.  PRESIDENT.    It  is  moved  and  seconded  that  File  92 
be  placed  upon  its  final  reading  and  passage.    All  in  favor  of 
the  motion  will  say  aye;  those  opposed  no.    The  ayes  have  it;- 
the  motion  prevails. 

Final  reading  of  File  No.  92.    All  who  are  of  the  opinion 
that  File  92  be  adopted  as  a  part  of  the  constitution  will  say 
aye  as  their  names  are  called;  those  of  the  opposite  opinion  will" 
say  no.    The  secretary  will  call  the  roll. 
(Roll  call.) 

Gentlemen,  your  vote  on  File  No.  92  is  as  follows:  Ayes,  30; 
noes,  none;  absent,  19.     By  your  vote  you  have  adopted  the 
file  as  a  part  of  the  constitution  of  Wyoming.    File  No.  92  and 
the  substitue  for  Files  61,  65,  80  and  83  will  be  referred  to> 
the  committee  on  revision. 


CONSTITUTIONAL  CONVENTION. 

Mr.  RINER.  I  move  we  adjourn  utnil  9  o'clock  tomorrow 
morning. 

Mr.  PRESIDENT.  Gentlemen,  it  is  moved  that  we  adjourn 
until  9  o'clock  tomorrow  morning.  Are  you  ready  for  the  ques- 
tion? All  in  favor  of  the  motion  will  say  aye;  contrary  no. 
The  ayes  have  it.  The  convention  will  take  a  recess  until  9 
o'clock  tomorrow  morning. 


TWENTY-FOURTH  DAY. 
MORNING  SESSION. 

Saturday,  Sept.  28,  1889. 

Mr.  PRESIDENT.    The  convention  will  come  to  order. 

The  secretary  will  call  the  roll. 

The  secretary  will  read  the  journal  for  yesterday. 

Is  there  objection  to  the  journal  as  read?  The  chair  hears 
none.  The  record  will  stand  approved. 

Mr.  CAMPBELL.  As  Ave  are  Hearing  the  close  of  the  ses- 
sion of  this  convention  and  as  we  have  got  along  pleasantly 
and  harinoniously  with  the  exception  of  a  little  unpleasant- 
ness caused  by  myself  losing  my  temper,  I  desire  here  to  apo- 
logize to  this  convention  and  to  the  gentleman  from  Sheridan 
for  the  language  used  by  me  on  the  morning  of  the  17th  of  this 
month.  As  the  language  was  used  publicly  I  want  the  apology 
to  be  public,  and  I  most  sincerely  apologize  to  this  convention 
and  to  Mr.  Coffeen  for  niy  conduct  on  that  occasion,  and  I  ask 
that  my  language  be  expunged  from  the  record,  as  I  under- 
stand that  can  be  done  with  the  consent  of  the  convention. 

Mr.  PRESIDENT.  (Is  there  objection  to  the  language  so 
far  as  it  appeal's  on  the  record  being  expunged  therefrom? 
The  chair  hears  none.  It  is  so  ordered. 

Mr.  COFFEEN.  I  think  under  the  circumstances  a  word 
from  me  at  this  time  is  necessary.  If  I  should  remain  silent 
it  might  be  thought  I  did  not  appreciate  the  feelings  and  mag- 
nanimity expressed  here.  I  want  to  say  and  truthfully  that 
I  do  not  in  my  own  heart  as  against  the  gentleman  speaking, 
or  against  any  other  person  in  this  convention,  cherish  any- 
thing but  the  kindest  feelings,  and  so  far  as  the  apology  is 
concerned,  no  apology  on  his  behalf  was  needed,  or  was  neces- 
sary, so  far  as  I  am  concerned. 


PROCEEDINGS  AND  DEBATES.  831 

Mr.  MORGAN.  I  desire  to  offer  a  resolution  relative  to 
the  final  adjournment  of  this  convention.  It  is  this :  "Resolved, 
when  this  convention  adjourn  it  may  be  reconvened  at  the 
call  of  the  president."  jl  offer  this,  Mr.  President,  so  as  to  pro- 
vide for  any  emergency  which  might  arise  which  would  neces- 
sitate the  calling  of  a  convention. 

Mr.  PRESIDENT.  Is  there  any  objection  to  the  immediate 
consideration  of  the  resolution?  The  chair  hears  none.  All 
in  favor  of  the  adoption  of  the  resolution  will  say  aye ;  contrary 
no.  The  ayes  have  it ;  the  motion  prevails. 

Mr.  HOYT.  We  are  nearing  the  conclusion  of  our  labors, 
and  when  we  consider  all  the  articles  that  are  to  be  adopted, 
to  be  embodied  in  the  constitution,  I  doubt  not  that  every 
member  of  the  convention  has  been  in  his  own  mind  reviewing 
the  work  of  the  past  thirty  days,  and  that  many  have  found  i» 
their  minds  some  anxiety  on  account  of  certain  provisions  em- 
braced in  articles  adopted,  on  account  of  the  expenses  which 
are  certain  to  be  attached  to  the  government  of  the  state 
under  the  constitution.  I  do  not  know,  sir,  that  it  would  be 
found  practicable  to  advise  any  reduction  of  expenses  already 
agreed  upon,  but  I  think  that  you  will  all  concur  with  me  in 
the  thought  that  it  is  very  desirable,  if  found  possible,  to 
make  some  reductions  in  the  expenses  of  the  state  government, 
which  now  appears  will  fall  but  very  little  short  of  one  hun- 
dred thousand  dollars.  I  therefore  move  that  a  committee  of 
five  members  be  appointed  whose  duty  it  shall  be  to>  review  the 
whole  field  of  the  constitution  with  a  view  to  such  reduction 
of  the  expenses  of  the  state  as  shall  seem  practicable,  said  com- 
mittee to  report  at  the  earliest  hour  possible,  and  their  report 
to  be  considered  and  acted  upon  without  debate.  In  this  con- 
nection I  would  also  suggest  whether  or  not  it  would  not  also 
be  practicable  for  the  legislative  committee  to  review  the 
work  embracing  the  question  of  legislation  to  see  whether  we 
may  not  find  something  there  to  be  corrected.  I  suggest  this 
so  that  we  may  perfect  this  instrument  which  we  have  made. 
I  believe  Ave  have  a  grand  constitution,  one  which  will  com- 
mend itself  to  the  people  of  this  state,  to  congress  and  the 
country.  Therefore  let  us  perfect  it  if  possible  in  every  partic* 
ular. 

Mr.  SMITH.  >I  don't  know  anything  that  the  committee 
can  do,  but  being  heartily  in  sympathy  with  the  end  in  view, 
if  anything  can  be  done,  I  second  the  motion. 

Mr.  PRESIDENT.  The  question  is  on  the  adoption  of  the 
motion  of  the  gentleman  from  Albany,  to  appoint  a  select  com- 
mittee to  consider  the  matters  of  the  expense  of  the  state  gov- 
ernment, as  presented  by  several  provisions  of  the  constitution. 
Are  you  ready  for  the  question? 

Mr.  BAXTER.  I  rise  to  ask  the  gentleman  who  offered  this 
^vrhat  provisions  he  would  modify  that  have  been  adopted?  1 


832"  CONSTITUTIONAL  CONVENTION 

hardly  believe  that  the  committee  could  make  alterations  that 
would  be  likely  to  carry,  unless  some  opportunity  was  given 
to  discuss  the  wisdom  of  the  proposed  changes.  If  such  a  com- 
mittee up  on  their  investigation  would  recommend  such  chang- 
es be  made  as  would  cut  down  the  expenses,  I  do  not  believe  it 
would  be  possible  to  carry  them  through,  if  debate  was  cut  off. 

Mr.  GRANT.  It  seems  to  me  that  the  committee  appointed 
on  address  to  the  people  could  attend  to  this  if  necessary. 
They  have  to  go  over  the  whole  constitution,  and  they  could  rec- 
ommend such  changes  as  may  seem  to  them  advisable. 

Mr.  HAY.  I  don't  agree  with  the  gentleman  from  Albany 
in  regard  to  that.  The  class  of  subjects  that  the  committee  on 
address  to  the  people  have  to  go  over  is  very  large,  they  have  to 
review  the  whole  constitution,  and  they  have  as  yet  been  able 
to  do  nothing.  I  think  if  this  is  to  ;be  done  at  all,  it  should 
be  done  by  a  special  committee.  The  committee  on  address 
to  the  people  have  no  time  to  give  to  it. 

Mr.  HARVEY.  I  don't  understand  the  powers  of  this  com- 
mittee. Would  they  have  power  to  strike  out  this  or  strike 
out  that? 

Mr.  PRESIDENT.  No  power  at  all  except  to  report  any 
changes  the  committee  think  desirable  to  the  convention.  Are 
you  ready  for  the  question?  All  in  favor  of  the  appointment 
of  a  special  committee  will  say  aye;  contrary  no.  The  noes 
have  it;  the  motion  is  lost. 

Mr.  HOYT.  I  have  a  proposition  to  offer  which  may  take 
such  course  as  seems  proper.  "The  legislature  shall  make  such 
provision  by  law  as  shall  be  calculated  to  secure  the  best 
faithful  service  for  all  minor  places  in  ,he  state,  county  and 
municipal  government,  regardless  of  considerations  purely  po- 
litical." 

Mr.  PRESIDENT.  Is  there  objection  to  the  immediate 
consideration  of  the  proposition?  The  chair  hears  none.  The 
question  is  upon  the  final  reading  and  passage  of  the  proposi- 
tion as  presented. 

Mr.  COFFEEN.  I  think  I  shall  object  to  this,  if  it  is  al- 
lowed to  go  on  with  a  view  to  putting  people  on  record,  unless- 
discussion  is  allowed.  The  gist  of  the  whole  matter  is  that 
it  is  simply  introduced  for  the  purpose  of  securing  an  endorse- 
ment of  the  civil  service  ideas  that  are  agitating  the  country. 
This  question  has  been  tested  once  and  settled,  and  to  have  it 
come  up  in  this  manner  I  believe  I  shall  object  to  its  coming  up 
unless  time  is  given  to  discuss  it  fully  and  freely.  I  do  not 
think  we  have  time,  and  I  think  it  better  that  the  resolution 
be  withdrawn. 

Mr.  BROWN.  I  called  for  objection  to  the  consideration 
of  this  proposition,  and  none  being  offered,  by  the  unanimous 
consent  of  the  convention  the  matter  is  now  before  the  con- 
vention for  its  final  action  at  this  time. 


.'UOCEEDIiNGS  AND  DEBATES. 


S33 


Mr.  HOYT.  In  answer  to  the  reniaks  made  by  our  friend 
from  Sheridan  that  this  proposition  was  introduced  here  be- 
cause I  believed  the  section  which  wras  presented  by  the  coni- 
inittee  on  elections  and  qualifications  to  office,  was  rejected  on 
account  of  the  form  in  which  it  was  presented,  and  not  because 
there  was  any  objection  to  the  principle  involved  in  the  sec- 
tion, I  had  assumed  in  a  body  of  gentlemen,  such  as  compose 
this  convention,  who  come  here  for  the  purpose  of  framing  a 
constitution,  men  who  come  not  as  the  representatives  of  any 
party,  not  as  the  representatives  of  any  special  or  local  inter- 
ests, but  who  are  gathered  here  to.  frame  a  constitution  which 
is  to  guide  the  legislature,  and  is  to  limit  its  powers  in  the  fu- 
ture, for  a  long  period  of  years,  would  look  so  carefully  and  im- 
partially into  the  matter  of  securing  purity  of  elections  and 
honesty  of  administration,  that  there  would  be  no  debate  what- 
ever upon  the  subject.  I  assumed  that  the  principle  that 
laid  down  that  the  people  have  the  right  to  the  best  service 
that  can  be  had,  and  that  in  the  offices  which  are  not  political 
in  any  sense  of  the  word  Avhatever,  the  minor  appointees  in 
the  minor  offices  which  exist  in  the  state,  and  in  the  county 
and  municipal  governments,  shall  be  appointed  because  of 
their  qualifications,  that  justice  shall  be  done  to  their  abili- 
ties. He  says  it  is  an  endorsement  of  the  civil  service  re- 
form. I  say  that  it  is  intended  for  no  such  thing.  I  have  no 
connection  with  the  civil  service  reform  movement,  d  have 
never  been  a  member  of  any  of  its  organizations,  I  simply  sym- 
pathize with  the  great  end  in  view,  that  of  securing  the  best 
service  for  the  people  in  every  branch  of  the  government,  and 
now  that  we  are  framing  our  constitution,  I  believe  that  a  wise 
general  proposition,  which  would  leave  to  the  legislature  full 
discretion  in  the  matter  as  to  what  shall  be  done,  as  to  the 
manner  in  which  they  shall  protect  the  interests  of  the  peo- 
ple, in  this  regard,  would  be  acceptable  to  all. 

Mr.  CLARK.  I  heartily  agree  with  all  that  has  been  said 
by  Governor  Hoyt,  and  endorse  all  he  has  said,  but  I  do  not 
desire  to  endorse  with  my  vote  the  resolution  which  he  has  of- 
fered. Notwithstanding  the  argument  by  Governor  Hoyt 
it  is  a  resolution  which  gives  an  endorsement  of  the  civil  ser- 
vice reform  policy  of  this  government,  a  policy  with  which  I 
have  never  been  in  sympathy,  because  I  believe  it  is  a  delusion 
and  a  snare,  a  lot  of  political  clap  trap  wrhich  does  not  accom- 
plish the  end  sought  at  all. 

Mr.  BURRITT.  I  desire  to  say  amen  to  what  has  just  been 
said  by  the  gentleman  from  Uinta. 

Mr.  HOYT.  He  is  in  sympathy  with  the  object,  but  not  in 
favor  of  doing  anything  to  prevent.  The  object  is  to  secure 
good  service  for  the  state  and  local  government,  irrespective  of 
political  considerations,  so  far  as  the  objects  are  concerned. 
There  are  some  offices  wrhich  are  political.  The  policy  of  the 

—  53 


834  CONSTITUTIONAL  CONVENTION. 

party  must  be  represented  by  men  who  are  elected  to  the  office- 
to  administer  the  government  and  carry  out  the  policy  of  the 
party.  They  must  be  in  harmony  with  it.  But  what  has  the 
door  keeper,  the  correspondent,  what  has  the  book-keeper,  the 
stenographer  in  any  department  or  branch  of  the  government 
to  do  with  party  politics?  What  has  the  clerk  who  is  employed 
in  the  interior  department  to  draft  maps>  or  the  man  who  goes 
out  by  his  direction  to  make  a  survey,  what  has  he  to  do  with 
party  politics?  He  says  it  is  a  delusion  and  a  snare.  I  cite 
him  to  the  fact  that  for  half  a  century  the  people  of  England 
have  been  struggling  with  this  great  problem,  how  to  improve 
the  civil  service  of  their  country.  That  grand  old  man,  Wil- 
liam E.  Gladstone,  stands  before  the  world  as  a  man  who  has 
given  this  question  a  great  deal  of  study,  and  he  has  declared 
that  the  work  which  has  been  accomplished  there  is  of  incal- 
culable value  to  the  civil  service  of  the  world,  a  country  with 
a  civil  service  which,  has  been  lifted  out  of  the  mire  of  party 
politics  and  placed  upon  a  broad  and  substantial  basis,  the 
best  service,  the  best  administrative  service  I  believe  on  the 
face  of  the  world,  and  it  is  because,  sir,  of  the  struggle  against 
the  power  and  corruption  of  parties  politic,  and  the  purpose 
to  restore  to  this  government  something  like  purity  of  adminis- 
tration, that  the  movement  was  begun  in  this  country,  and  one 
which  had  the  endorsement  of  all  the  presidents  from  Grant 
down  to  the  present  time,  the  principle  involved  in  this  proposi- 
tion that  the  minor  offices,  which  are  in  no  sense  political, 
shall  be  conducted  in  the  interests  of  the  people  without  any 
regard  to  party  considerations  whatever. 

Mr.  SUTHERLAND.  I  just  simply  want  to  say  that  I 
think  civil  service  is  one,  of  the  greatest  frauds  that  ever  was 
known.  Every  president  has  always  said  that  the  best  man 
should  have  the  place,  but  I  notice  the  best  man  is  always  the 
man  who  has  the  boodle.  I  have  often  heard  it  said  that  every 
one  of  our  presidents  has  advocated  the  policy  that  the  soldier 
should  have  the  preference,  the  man  who  served  during  the/ 
war  should  have  the  preference,  but  I  notice  that  the  man 
who  did  the  most  work  on  election  day  is  the  man  who  got  the 
appointment,  and  for  that  reason  I  consider  it  a  fraud.  1 
have  seen  if  right  here  in  this  hall,  no  matter  how  good  a  man 
was,  no  matter  how  faithfully  he  had  served  his  country,  in 
her  darkest  hour,  he  could  not  get  to  be  even  door  keeper.) 
of  this  building.  I  refer  to  our  last  legislature,  just  because 
the  man  didn't  belong  to  their  political  party  he  could  not 
have  the  place.  For  that  reason  I  believe  it  a  fraud,  and  it 
ought  to  be  left  out. 

Mr.  MORGAN.  In  my  judgment  the  people  are  deeply,  hon- 
estly and  sincerely  in  favor  of  what  is  known  as  civil  service 
reform.  •  They  have  shown  it  in  many  ways.  They  are  showing 
their  interest  in  it  every  year.  They  are  showing  it  in  fhe  fact 


PROCEEDINGS  AND   DEBATES.  835 

that  they  elect  men  to  represent  them  in  the  legislatures,  in 
congress,  and  when  they  send  men  to  represent  them  in  the 
senate.  They  continue  the  terms  of  those  whom  they  deem 
honest,  faithful  and  able  servants,  and  it  is  well  that  the  people 
should  care  for  a  principle  of  that  kind.  This  government 
was  not  created  for  the  purpose  of  giving  office  to  any  one. 
It  wras  created  that  the  welfare  and  best  interests  of  the  peo- 
ple should  be  subserved.  The  people  have  found  out  and  are 
finding  out  more  and  more  each  day  that  it  serves  their  inter- 
ests when  they  find  an  honest,  capable  and  efficient  servant, 
to  keep  him.  This  is  more  particularly  so  in  representative 
bodies,  and  so  it  will  follow  down  all  through  the  whole  class 
of  officers  to  a  considerable  extent.  The  people  are  taking  a 
greater  interest  in  this  each  year,  and  I  would  not  like  to  see 
this  convention  decide  that  it  is  a  delusion  and  a  fraud,  be- 
cause it  is  not. 

Mr.  PKESTON-  I  am  opposed  to  this  resolution  for  the 
reason  that  I  think  it  is  one  of  the  main  planks  in  the  platform 
upon  which  the  mugwumps  stand.  I  was  educated  in  the 
.Jeifersonian  school,  and  ibelieve  in  its  principles,  and  one  of 
those  is  that  to  the  victor  belongs  the  spoils.  I  think  that  this 
civil  sendee  reform  platform  or  proposition  is  a  delusion  and 
a  snare.  Now  the  idea  of  asking  a  man  who  is  elected  to  fill 
an  import  ant  office,  supposing  the  state  treasurer's  office  of 
the  state  of  Wyoming,  a  man  is  elected  to  hold  that  position, 
-and  under  this  civil  service  reform  he  is  compelled  to  keep 
•clerks  that  he  don't  want  He  has  no  right  to  discharge  them 
if  they  are  able  to  perform  the  duties  of  the  office,  and  still 
at  the  same  time  they  may  not  agree  with  him  at  all,  and  I  say 
when  a  man  is  elected  he  has  the  right  to  employ  such  clerks 
as  he  sees  fit  to  employ.  He  has  the  right  to  make  his  own 
choice.  You  take  for  instance  a  case  that  came  up  in  the  wai 
department,  where  a  quartermaster  had  been  appointed,  dis- 
charged all  the  clerks  that  had  been  kept  before,  who  had 
been  appointed  by  the  government,  and  the  question  came  up 
in  the  war  department  as  to  his  authority  to  discharge  them, 
and  he  raised  the  question  that  inasmuch  as  he  was  responsi- 
ble for  the  property  and  the  business,  he  had  the  right  to 
^employ  whomever  he  saw  fit,  and  for  that  reason  I  am  oppos- 
ed to  this  civil  service  reform  business.  Under  the  education- 
al clause  that  you  have  inserted  in  your  constitution,  there 
will  be  no  occasion  for  civil  service  reform.  They  will  all  be 
•qualified. 

Mr.  HOPKINS.  I  merely  wish  to  express  my  admiration 
for  the  Jeffersonian  simplicity  of  my  friend  from  Fremont. 

Mr.  SMITH.  I  don't  belieive  there  are  half  a  dozen  mem- 
bers on  this  floor  but  who  are  in  sympathy  with  a  measure  of 
this  kind  so  far  as  practical.  If  I  was  president  of  the  United 
States  the  fact  that  a  man  had  done  good  service  on  election 


S36  CONSTITUTIONAL  CONVENTION. 

day  and  during  the  campaign  would  be  no  objection  to  his  ap- 
pointment to  office,  and  I  believe  President  Harrison  believed' 
the  same  tiling.  Yet  on  the  other  hand  if  I  could  not  iiud  a 
Republican  who  I  considered  fitted  to  fill  an  oflice  and  I  could 
find  a  Democrat  who  was  better  qualified  arid  could  iill  the 
office  better  than  any  Republican  I  knew,  I  would  not  refuse 
to  appoint  that  man  simply  because  he  was  a  Democrat,  and 
I  think  that  this  is  as  far  as  the  proposition  offered  litre  J»OPS. 
That  the  legislature  shall  take  such  steps  as  will  secure  the 
best  service  for  the  state. 

Mr.  COFFEEN.  If  thisx-resolution  does  not  carry  is  it  not 
left  to  their  discretion  to  do  that  anyway? 

Mr.  KNIGHT.  I  wish  to  join  in  with  my  little  story  and1 
state  my  experience.  il  was  a  victim  of  civil  service  reform. 
I  held  a  position  for  four  years  and  then  lost  it  because  E  was 
a  Republican,  and  I  want  to  say  to  you  that  this  civil  service 
reform  is  a  delusion  and  a  snare  in  one  respect.  A  man  fills  a 
little  petty  office  until  he  loses  all  confidence  in  himself,  that  he- 
ought  to  have  to  enable  him  to  start  out  in  any  other  pursuit. 
I  actually  thought  when  I  lost  the  office  of  clerk  of  the  court 
that  I  was  going  to  starve  to  death,  I  tell  you  the  condition  1 
was  in  when  I  lost  my  office  was  something  terrible.  I  wTas 
unfitted  for  business,  when  as  a  matter  of  fact  I  ought  to  have 
lost  it  years  before.  I  would  have  been  a  much  better  man 
today,  a  much  better  citizen,  if  I  had  not  spent  so  much  time 
sitting  in  a  chair  in  a  little  petty  office.  Civil  service  is  not 
applicable  to  this  territory  as  it  is  in  the  east,  where  you  have- 
to  have  the  influence  of  a  United  States  senator  even  to  get  a 
position  as  clerk  in  a  grocery  store.  Every  man  in  this  ter- 
ritory is  permitted  to  show  what  he  can  do.  Now  I  say  to  those 
who  w^ant  to  fill  a  government  position,  let  them  understand 
they  must  do  their  work  well  and  when  their  term  expires  be 
rej*dy  to  give  the  other  fellow  a  chance.  So  I  say  to  you  that 
civil  service  reform  is  not  as  great  a  necessity  as  it  is  made 
to  appear. 

Mr.  JOHNSTON.  I  believe  in  allowing  a  man  to  chose  his 
own  employes.  Can  you  secure  an  efficient  man  to  take  charge 
of  any  public  works  unless  he  would  have  the  privilege  of  sip- 
pointing  his  laborers.  And  it  is  the  same  way  in  a  public 
office.  Can  you  get  an  efficient  man  to  take  charge  of  ihe 
work  if  you  don't  allow  him  the  same  privilege.  Take  the 
engineer's  office,  suppose  he  has  a  man  there  making  maps, 
wrho  is  not  in  accord  with  the  office,  and  working  under  the 
control  of  the  state,  do  you  suppose  he  would  be  as  careful  as 
if  he  was  subject  to  the  control  of  that  man?  I  think  not. 

Mr.  ELLIOTT.  I  should  like  to  ask  Governor  Hoyt  if  this 
principle  of  which  he  has  spoken  should  apply  to  subordinates, 
why  it  should  not  apply  to  principals  even  in  a  greater  degree? 

Mr.  HOYT.    The  priciples  should  apply  to  principals  where 


PROCEEDINGS  AND  DEBATES.  837 

the  position  is  not  in  the  nature  of  a  political  one.  The  office 
•of  g-overnor,  secretary  of  state  and  so  on,  must  ibe  filled  by  men 
who  will  enforce  the  principles  of  the  party  who  carried  the 
•election.  And  that  is  right,  but  when  you  come  to  offices  that 
are  not  political,  they  ought  to  be  filled  in  the  interest  of  the 
.service,  so  that  the  people  may  have  the  best  service  obtain- 
able. 

Mr.  BROWN.  I  have  a  suggestion  to  make.  We  want  to 
get  into  the  union  as  a  state,  and  it  is  possible  that  this  res- 
olution might  occasion  some  remark  in  congress.  The  ques- 
tion is  on  the  resolution  of  the  gentleman  from  Albany.  The 
ayes  and  noes  will  be  called.  All  in  favor  of  the  resolution 
will -say  aye  as  their  names  are  called;  those  of  the  opposing 
opinion  will  say  no. 

Mr.  RINER  I  vote  no  because  T  am  opposed  to  the  prin- 
ciple, jlf  I  believed  in  the  principle  I  should  vote  aye.  If  I 
was  in  office  I  don't  think  I  would  give  them  a  chance  to  re- 
move me,  I  would  resign. 

Mr.  TESCHEMACHER.  I  have  kept  so  very  quiet  during 
the  debate  that  I  think  it  is  absolutely  necessary  for  me  to 
explain  my  vote.  J  belong  to  the,  party  mentioned  by  Mr. 
Preston.;  I  am  a  mugwump  and  am  proud  of  it,  and  one  of 
the  horses  that  we  ride  is  civil  service  reform.  Now  I  know 
that  the  horse  was  not  in  the  race  when  this  proposition  was* 
brought  forward  in  the  committee  of  which  I  wasi  a  member, 
I  told  the  committee  that  the  horse  was  not  fit  to  run  just 
now,  and  he  certainly  was  not  fit  to  run  in  Wyoming.  Con- 
sequently I  signed  the  minority  report  of  this  committee,  hop- 
ing that  the  section  would  be  stricken  out,  and  that  I  shoulcl 
toe  saved  from  a  good  deal  of  personal  abuse  which  I  would  re- 
ceive if  a  discussion  came  up  on  this  subject,  but  having  come 
up,  belie/ving  in  the  principle  as  I  do,  I  vote  aye. 

Mr.  PRESIDENT.  Gentlemen,  your  vote  'on  the  proposi- 
tion is  as  follows:  Ayes,  11;  noes,  21;  absent,  17.  Gentlemen, 
by  your  vote  you  have  refused  to  incorporate  the  proposition 
into  the  constitution. 

Mr.  BITRRITT.  I  desire  to  offer  a  proposition  which  has 
been  hastily  prepared.  "No  person  shall  be  permitted  to  vote, 
serve  as  a  juror  or  hold  any  civil  office,  who  has  at  any  time 
been  convicted  of  an  infamous  crime,  and  not  been  restored 
to  the  rights  of  citizenship,  or  is  a  bigamist  or  polygamist,  or  is 
a  believer  in  or  enters  into  what  is  known  as  plural  or  celes- 
tial marriagei,  or  in  violation  of  any  law  of  this  state,  or  ot 
the  United  States  effecting  any  such  ('rime/' 

I  would  like  to  have  that  referred  to  the  committee  on  elec- 
tions. This  is  the  proposition  of  the  Edmunds-Tucker  law, 
and  I  think  it  necessary  that  we  incorporate  it  in  our  constitu- 
tion. 


838  CONSTITUTIONAL  CONVENTION. 

Mr.  RINEE.  I  move  the  rules  be  suspended  and  the  prop- 
osition immediately  considered. 

Mr.  PRESIDENT.  The  question  is  on  the  suspension  of 
the  rules  for  the  immediate  consideration  of  the  proposition. 
Are  you  ready  for  the  question?  All  in  favor  of  the  motion 
to  suspend  the  rules  will  s«y  aye;  contrary  no.  The  ayes  have 
it;  the  motion  to  suspend  the  rules  prevails. 

Mr.  PRESIDENT.  The  question  is  on  the  final  reading 
and  passage  of  the  file.  All  in  favor  of  the  proposition  pre- 
sented by  the  gentleman  from  Johnson,  Mr.  Burritt,  will  say 
aye;  contrary  no.  The  ayes  have  it;  the  motion  prevails.  The 
question  is  upon  the  final  reading  of  the  file.  The  ayes  and 
noes  are  called  for. 

Mr.  RUSSELL.  Before  voting  on  this  question,  I  desire 
to  say  one  thing  in  regard  to  this  matter.  Probably  some  gen- 
tlemen here  have  a  pocketful  of  speeches  prepared  upon  this 
question.  I  have  not,  and  I  wish  merely  to  say  that  I  thought 
this  question  already  incorported  in  the  bill  of  rights,  and  in 
one  section  of  the  bill  on  education  and  public  morals.  1 
think  the  language  of  this  section  will  have  a  bad  effect  upon 
a  good  many  good  citizens  of  Wyoming.  It  makes  little  dif- 
ference as  to  their  belief,  if  they  are  good,  law  abiding  citizens, 
and  why  should  you  point  a  finger  at  them  specially.  I  think 
•  that  the  gentlemen  of  this  convention  have  shown  too  much 
wisdom  in  their  deliberations  to  take  the  chances  of  pointing 
a  special  finger  at  a  great  many  good  citizens  of  Wyoming. 
We  expect  to  ask  these  citizens  to  ratify  this  constitution,  and 
I  think  they  may  naturally  and  would  have  the  right  to  do  so, 
when  a  finger  is  specially  pointed  at  them  in  this  way.  This 
question,  has  never  come  up|  in  Wyoming  and  become  a  matter 
which  Wyoming  needs  to  fear.  Wyoming  today,  while  it  may 
be  populated  with  a  good  many  of  this  class  of  people  who  be- 
lieve this  way,  they  have  proved  themselves  to  be  law  abiding 
citizens  and  peaceful  citizens.  I  do  not  think  it  is  right  or  just 
this  committee  did  not  consider  this  question  before,  it  lias; 
been  kept  back  and  offered  now  at  this  last  day  without  any 
notice,  and  I  think  for  this  reason  it  should  be  left  out.  Make 
it  so  it  won't  point  directly  at  one  class  of  individuals  or  peo- 
ple. I  think  the  laws  so  far  adopted  in  this  constitution  covers 
the  ground,  and  I  think  it  can  be  well  left  to  the  legislature 
to  deal  with.  It  shows  a  lack  of  confidence  in  ourselves  and 
in  our  law  making  body  to  put  this  in  here,  it  shows  a  weak- 
ness, that  we  are  afraid  that  we  are  not  going  to  be  able  to 
cope  with  these  people  in  Wyoming.  I  do  not  think  they  have 
ever  caused  any  trouble  in  our  territory.  I  think  that  the  wis- 
dom of  the  gentlemen  in  this  body  can  see  this  matter,  and  do 
what  is  right.  I  hope  this  will  not  be  inserted  in  the  constitu- 
tion. 


PROCEEDINGS  AND  DEBATES. 


§39 


Mr.  BURRITT.  I  simply  desire  to  say  on  behalf  of  the  com- 
mittee on  elections,  and  I  speak  for  the  committee,  the  chair- 
man being  absent,  and  I  believe  I  attended  all  the  sessions  of 
this  committee  except  one,  this  question  was  never  presented 
to  that  committee  by  one  single  individual,  nor  did  anyone  as 
I  now  remember  call  their  attention  to  it,  and  when  the  gen- 
tleman from  Uinta,  who  probably  speaks  as  he  believes,  says 
this  has  been  held  back  by  the  committee  and  sprung  upon 
them  the  last  day  of  the  convention  he,  unintentionally,  no 
doubt,  does  the  committee  great  injustice.  I  will  say  for  the 
benefit  of  the  gentleman  who  has  just  spoken  against  Hie  adop- 
tion of  this  proposition,  that  this  is  a  very  mild  proposition. 
It  is  simply  the  provision  of  the  United  States  law  upon  the 
subject,  so  far  as  I  am  able  to  understand  it.  Although  the 
provision  of  the  Idaho  constitution  on  this  subject  has  been 
lauded  to  the  heavens  :by  congress  and  by  those  on  the  outside, 
I  have  no  sympathy  with  the  provision  contained  in  the  Idaho 
constitution,  and  I  would  say  here  for  myself,  that  if  it  were 
necessary  to  get  into  the  union  of  states  that  we  should  incor- 
porate into  our  constitution  a  provision  that  reads  like  the 
provision  of  the  Idaho  constitution,  praised  so  much  by  con- 
gress and  those  in  the  east,  I  should  prefer  to  stay  out.  Now, 
Mr.  President,  I  think  that  we  have  drawn  a  very  mild  propo- 
sition, I  think  we  have  gone  just  as  far  as  the  law  allows,  just 
as  far  as  the  Edmunds  law  goes,  and  we  have  gone  no  further; 
and  I  wish  to  say  again  that  this  proposition  is  submitted  now 
not  in  bad  faith  on  the  part  of  the  committee,  nor  on  the  part 
of  any  member  thereof. 

Mr.  CLARK.  I  opposed  the  discussion  of  this  proposi- 
tion besause  f  wanted  to  find  out  and  investigate  just  what  the 
proposition  meant,  I  am  not  able  to  form  a  judgment  of  what 
it  means  from  a  hasty  reading  and  consideration  here.  I  am 
opposed  to  the  passage  at  this  time  ••»'  this  resolution,  not 
because  I  have  any^personal  sympathy  with  the  religious  con- 
victions of  those  sought  to  be  reached  by  this  amendment,  but 
it  seems  to  me  that  it  is  not  right  to  select  any  one  class  of 
crime  from  the  rest  of  crimes,  and  say  that  persons  who  have 
been  guilty  of  that  special  crime  shall  be  disqualified  from 
holding  certain  offices  of  trust  or  from  voting.  A  great  deal  has 
been  said  in  the  territory  about  the  influence  of  this  element. 
I  believe  that  they  have  the  same  influence  as  the  same  number 
of  citizens  who  are  not  Mormons,  no  more  and  no  less.  The 
more  offensive  features  of  Mormonism  have  never  been  prac- 
ticed within  this  territory.  The  United  States  attorney  of  this 
territory  found  some  violation  s  of  the  law,  made  two  arrests, 
tout  the  matter  was  not  prosecuted  in  either  case.  I  say  we 
don't  need  this,  if  we  are  not  sick  we  don't  need  any  medicine, 
and  I  don't  believe  in  selecting  one  class  of  crime,  or  in  sing- 
ling out  a  special  religious  sect  in  the  territory.  I  am  opposed 


840  CONSTITUTIONAL  CONVENTION. 

to  considering-  this  matter  so  hastily,  and  I  make  these  remarks 
not  because  I  hope  it  may  influence  the  convention  at  all,  but 
because  I  believe  it  is  unjust  in  the  particulars  f.  have  pointed 
out.  If  the  resolution  will  include  the*  other  crimes,  such  as 
horse  stealing,  murde.r  and  other  crimes,  so  they  will  all  go  in 
together,  I  will  not  object. 

Mr.  BURRITT.  I  desire  to  say  to  the  gentleman  from  Hint  a 
that  when  I  presented  this  proposition  I  moved  its  reference 
to  the  committee  on  elections,  but  had  no  second  for  it.  If 
this  is  being  too  hastily  considered,  or  if  any  member  is  not 
satisfied,  I  am  ready  to  make  a  motion  now  to  have  it  re- 
ferred. 

Mr.  RIXER.  I  rise  to  a  point  of  order.  A  vote  was  taken 
on  a  suspension  of  the  rules,  and  this  reference  cannot  be  made 
without  a  reconsideration  of  that  vote. 

Mr.  MORGAN,  il  believe  reference'  can  always  be  made 
under  any  circumstances. 

Mr.  COFFEEX.  I  desire  to  say  that  when  the  gentleman 
from  Johnson  stated  that  this  matter  had  not  been  brought 
up  i  n  the  committees  he  stated  it  correctly.  So  far  as  I  know 
it  was  never  in  any  manner  discussed  by  the  committee. 

Mr.  SMITH.  This  committee  never  considered  the  ques- 
tion. I  think  the  chairman  and  myself  once  talked  about  it, 
but  not  in  committee.  It  wa,s  after  the  bill  or  rights  was  pre- 
sented, and  the  chairman  and  I  looked  it  over  and  thought  it 
covered  the  ground. 

'Mr.  RIXER.  As  to  reconsidering  this  matter,  the  conven- 
tion has  ordered  the  final  reading  of  this  proposition,  and  I  say 
without  reconsideration  of  that  vote,  reference  cannot  be  made. 

Mr.  PRESIDENT.  The  chair  is  of  ill  opinion  that  the 
point  is  well  taken.  The  motion  was  made  that  the  rules  be 
suspended  for  the  immediate  consideration  of  the  file,  that 
motion  prevailed,  and  the  chair  then  announced  that  the  ques- 
tion was  on  the  final  reading  and  passage  of  the  file. 

Mr.  MOROAN.  For  the  purpose  of  referring  this  question 
to  the  committee  I  move  that  the  vote  by  which  the  anal  read- 
ing and  passage  was  ordered  be  reconsidered. 

Mr.  PRESIDENT.  The  chair  is  of  the  opinion  that  the  rules 
may  be  suspended  so  that  the  convention  may  order  this  file 
into  the  hands  of  the  committee. 

Mr.  MORUAX.    tl  move  the  rules  be  suspended. 

.Mr.  PRESIDENT.  The  question  is  on  the  motion  that 
the  rules  be  suspended  in  order  to  refer  IJie  file  now  before  you 
for  consideration.  All  in  favor  of  the  motion  Avill  say  aye;  con- 
trary no.  The  ayes  have  it;  the  motion  prevails. 

Mr.  RIXER.  I  insist  that  we  must  reconsider  the  vote  or- 
dering the  final  reading  of  the  file. 

Mr.  PRESIDENT.  The  .-hair  understood  the  motion  was 
withdrawn  in  order  to  present  the  second  one.  The  question  is 


PROCEEDINGS   AND   DEBATES.  841 

now  on  the  motion  to  reconsider  the  vote  ordering  the  final 
consideration  of  the  file.  All  in  favor  of  the  motion  will  say 
aye;  contrary  no.  The  ayes  have  it;  the  motion  prevails.  The 
order  for  the  immediate  consideration  of  the  file  is  recinded. 

Mr.  COFFEEN.  I  now  move  that  this  resolution  be  re- 
ferred to  the  committee  on  elections. 

Mr.  PRESIDENT.  All  in  favor  of  the  motion  to  refer  1hisr 
.proposition  to  the  committee  on  elections  will  say  aye;  con- 
trary no.  The  ayes  have  it;  the  motion  prevails.  The  resolu- 
tion is  so  ordered. 

The  next  thing  on  the  general  filf  is  F'!.*  89.  What  is  the 
wish  of  the  committee  as  to  the  immediate  consideration  or 
File  89?  . 

Mr.  RINER.  I  move  it  be  finally  read  and  put  upon  its  pas- 
sage. 

Mr.  PRESIDENT:  The  question  is  upOD  the  final  reading  of 
File  89.  All  in  favor  of  the  motion  will  say  aye;  contrary  no. 
The  ayes  have  it.  The  secretary  will  read  the  file.  The  ques- 
tion is  upon  the  final  passage  and  adoption  of  File  89  as  a. part 
of  the  constitution.  So  many  as  are  of  the  opinion  that  the  file 
be  adopted  as  a  part  of  the  constitution  will  say  aye  as  their 
names  are  called.  Those  of  the  opposing  opinion  will  say  no. 
The  secretary  Avill  call  the  roll. 

(Roll  call.) 

Gentlemen,  your  vote  upon  File  89  is  as  follows:  Ayes,  27; 
noes,  none;  absent,  22.  By  your  vote  you  have  adopted  File  89 
as  a  part  of  the  constitution.  This  will  now  be  referred  to  the 
committee  on  revision.  There  is  no  further  business  upon  the 
table. 

Mr.  RINER.    I  move  we  adjourn  until  2  o'clock. 

Mr.  PRESIDENT.  The  question  is  upon  taking  a  recess. 
All  in  favor  of  the  motion  will  say  aye;  contrary  no.  The  ayes 
liave  it;  the  motion  prevails. 

AFTERNOON  SESSION. 

Saturday  afternoon,  Sept.  28. 

Mr.  PRESIDENT.    Convention  come  to  order. 

Several  members  of  the  convention  will  have  to  leave  here 
to  go  home  and  will  not  be  present  on  Monday.  As  the  con- 
stitution cannot  be  read  and  adopted  before  they.leave,  I  would 
like  to  know  if  some  way  cannot  be  arranged  so  as  to  give  them 
an  opportunity  to  sign  now. 

Mr.  CLARK.  As  chairman  of  the  committee  I  will  state 
that  they  are  doing  their  best  to  get  through  with  the  work, 
but  there  are  five  or  six  articles  vet  to  be  enrolled. 


842  CONSTITUTIONAL  CONVENTION. 

Mr.  HOYT.  I  should  think  perhaps  the  gentlemen  who 
have  to  go  home  might  be  willing  to  sign  in  blank,  and  have 
that  attached  to  the  instrument. 

Mr.  PRESIDENT.  As  Mr.  Holden  is  the  only  one  who  will 
leave  this  afternoon  I  wrould  like  to  ask  him  if  he  is  willing 
to  sign  in  blank  before  he  leaves.  Will  one  of  the  members  of 
the  committee  furnish  the  gentleman  a  blank  so  that  he  may 
sign  before  he  leaves?  The  othe  members  who  have  to  leave 
can  sign  later. 

Mr.  HOLDEN.  In  taking  leave  of  the  convention,  I  do  so 
with  reluctance,  and  especially  in  view  of  the  kind  treatment 
I  have  received  in  this  convention,  and  the  hospitalities  of 
the  Laramie  county  delegation.  Still  I  feel  that  Justice  to  my- 
self and  my  Business  requires  that  I  should  go,  and  I  wouIU 
say  that  my  latch  string  will  ever  be  out  to  every  member  of 
this  convention. 

Mr.  PRESIDENT.  I  desire  to  express  to  the  gentlemen  the 
thanks  of  the  chair  for  his  diligence  and  efficient  service,  and 
for  the  attention  he  has  given  to  the  business  of  the  conven- 
tion during  the  entire  session. 

Is  there  any  business  to  come  before  the  meeting? 

Mr.  BURRITT.  Committee  No.  5  desires  to  report,  a>nd  as 
I  was  the  member  of  this  convention  who  introduced  File  No. 
93  in  the  convention  this  morning,  I  think  perhaps  it  is  due  to 
myself  and  to  the  convention  that  £  explain  briefly  to  the  mem- 
bers of  this  convention  the  reason  of  this  report.  As  I  stated 
when  I  introduced  the  proposition  this  morning,  I  believed  it 
was  a  necessary  matter  to  be  incorporated  in  the  constitu- 
tion in  order  to  give  us  proper  standing  before  congress  for 
our  admission.  I  had  no  sympathy  and  so  stated  at  the  time 
with  the  idea  that  Mormonism  with  us  was  a  dangerous  feature 
but  it  was  only  a  matter  of  expediency.  The  position  has  al- 
ways been  taken  at  Washington  that  wre  had  no  Mormon  pop- 
ulation in  Wyoming,  to  amount  to  anything,  and  such  is  the* 
fact.  The  percentage  of  Mormons  is  less  than  one  per  cent 
of  the  population  of  Wyoming.  In  addition  to  that  your  com- 
mittee have  taken  great  pains  to  ascertain  whether  in  the  opin- 
ion of  those  posted  at  Washington,  if  this  proposition  was  nec- 
essary. I  believed  this  morning  that  it  was,  and  I  so  stated 
when  I  offered  the  proposition,  I  thought  it  was  expedient, 
and  I  am  satisfied  now,  after  having  spent  the  entire  time  since 
this  was  referred  to  the  committee  in  consulting  all  those 
in  the  city  who  would  be  competent  to  express  an  opinion  on 
this  subject,  that  I  was  wrong,  and  although  the  language  of 
this  report  does  not  agree  with  the  position  I  took  this  morn- 
ing, I  am  satisfied  that  it  is  right,  and  on  behalf  of  the  com- 
mittee I  move  that  the  report  be  adopted. 

Mr.  PRESIDENT.  The  question  is  on  the  adoption  of  the 
report.  All  in  favor  of  the  motion  that  the  report  fre  adopted 


PROCEEDINGS  AND  DEBATES.  843 

will  say  aye;  contrary  no.    The  ayes  have  it;  the  report  stands 
adopted. 

Mr.  POTTER.  It  seems  to  me  that  as  there  is  no  other  busi- 
ness before  the  convention,  that  so  much  of  the  constitution 
as  has  been  enrolled  might  be  taken  up,  and  we  could  get  along 
as  fast  as  possible. 

Mr.  PRESIDENT.  Will  the  gentleman  from  Larainie,  Mr. 
Teschemacher,  state  whether  the  constitution  is  so  far  en- 
rolled that  we  can  read  any  portion  of  it,  in  the  order  that  it 
should  be  arranged. 

Mr.  TESCHEMACHER.  It  is  not,  A  great  many  of  the 
articles  are  enrolled,  but  the  revision  committee  has  had  no 
time  during1  the  last  twenty-four  hours  to  decide  in  their 
own  minds  as  to  the  order  in  which  they  wis'h,  these  articles 
in  the  constitution.  The  convention  can  undoubtedly  take  up 
each  article  as  a  complete  article  without  its  particular  num- 
ber, and  decide  what  they  want  done  with  it,  but  the  commit- 
tee has  been  so  busy  that  they  have  been  unable  to  systema- 
tize the  constitution  and  arrange  it  in  order.  All  that  has  been 
done  is  that  the  engrossed  articles  have  been  revised  and  have 
been  then  enrolled  X>n  the  article  blank,  the  committee  intend- 
ing as  soon  as  all  were  enrolled  to  take  them  and  arrange 
them  in  order  as  they  should  /be.  Two  of  the  articles  which 
will  be  among  the  first,  the  one  on  legislative  and  executive  de- 
partment, are  not  yet  enrolled.  On  account  of  the  changes 
that  have  been  made  right  up  to  the  end  in  these  propositions 
they  have  been  left  open  until  the  last  with  the  idea  that  there 
might  be  some  wish  to  change  the  legislative  file.  The  whole 
thing  will  be  ready  to  present  to  the  convention  at  8  or  1) 
o'clock  Monday  morning,  whichever  hour  the  convention 
may  adjourn  to. 

Mr.  PRESIDENT.  I  would  like  to  have  the  sense  of  the 
convention  on  this  question.  There  has  been  a  good  deal  of 
discussion  among  different  members  of  the  convention  as  to 
the  present  condition  of  the  legislature,  or  the  legislative  de- 
partment, as  established  by  the  constitution,  in  this,  that  our 
senators  are  all  elected  at  the  same  time,  and  for  the  sarnei 
term  as  members  of  the  lower  house.  It  is  quite  unusual  to 
elect  the  members  of  both  houses  in  that  way  and  for  the  same 
terms,  and  it  has  been  suggested  that^we  make  a  change  in 
that  so  as  to  elect  for  four  years,  a  portion  of  the  senate  first 
elected  serving  but  two  years,  the  remaining  serving  four  years, 
half  of  them  holding  over.  If  there  is  any  desire  on  the  part 
of  the  convention  to  make  such  a  change  we  have  plenty  of 
time  to  do  it,  if  the  committee)  will  take  it  in  hand  and  rush 
through  a  provision  of  the  constitution  referring  to  the  elec- 
tion of  senators. 

Mr.  MORGAN.  I  would  like  to  ask  Mr.  Elliott  whether  it 
is  possible  to  make  this  change  and  keep  the  rest  consistent? 


CONSTITUTIONAL  CONVENTION. 


Mr.  ELLIOTT.  It  can  be  changed  with  very  little  trouble. 
It  will  only  be  necessary  to  strike  out  one  of  the,  present  sec- 
tions. I  think  it  can  all  be  included  in  one  section. 

Mr.  HARVEY.  I  think  as  the  article  now  stands  it  is  a 
very  dangerous  system.  Not  a  parallel  one  in  the  United 
States.  I  think  it  is  a  very  strange  departure  and  needs  atten- 
tion. I  move  this  matter  be  referred  to  the  committee  on  leg- 
islation with  instructions  to  amend  as  suggested  by  the  presi- 
dent. 

Mr.  HOYT.  Our  mode  of  constituting  the  senate  is  one  of 
the  provisions  in  the  constitution,  as  we  have  adopted  it,  that 
has  been  to  me  an  affliction,  and  I  shall  be  most  happy  if  it 
can  be  amended  in  that  regard. 

Mr.  PRESIDENT.  It  is  moved  and  seconded  that  the  mat- 
ter of  considering  the  change  in  the  constitution  as  it  now 
stands,  of  that  part  of  the  legislative  bill  referring  to  the  sen- 
ate, be  referred  to  the  committee  on  legislation,  with  directions 
to  report  at  the  earliest  possible  moment.  All  in  favor  of  the 
motion  will  say  aye;  contrary  no.  The  ayes  have  it;  the  matter 
is  referred  to  the  legislative  committee. 

Mr.  RINER.  I  move  we  take  a  recess  of  twenty  minutes 
until  the  legislative  committee  can  make  its  report. 

Mr.  PRESIDENT.  You  have  heard  the  motion  that  we  now 
take  a  recess  of  twenty  minutes  until  the  legislative  committee 
can  report.  Are  you  rQady  for  the  question?  All  in  favor  of 
the  motion  will  say  aye;  contrary  no.  The  ayes,  have  it;  the 
convention  will  ta.ke  a  recess  of  twenty  minutes. 

(Recess.) 

Mr.  PRESIDENT.  The  convention  will  come  to  order.  Is 
the  legislative  committee  ready  to  report? 

Mr.  ELLIOTT.  We  have  not  written  out  a  report,  but  we 
offer  a  section  which  we  have  prepared  instead  of  the  first 
four  lines  of  Sec.  2  of  the  old  bill:  "Sec.  2.  Senators  shall 
be  elected  for  the  term  of  four  years,  and  representatives  for 
the  term  of  two  years.  The  senators  elected  at  the  first  elec- 
tion shall  be  divided  by  lot  into  two  classes  as  nearly  equal  as 
may  be.  The  seats  of  senators  of  the,  first  class  shall  be  vacat- 
ed at  the  expiration  of  the  first  two  years,  and  of  the  second 
class  at  the  expiration  of  four  years."  We  found  this  in  the 
Texas  constitution,  and  have  le{?t  it  to  then  legislature  to  di- 
vide these  senators  info  classes  as  nearly  equal  as  may  be,  not 
undertaking  to  do  it  ourselves. 

Mr.  TESOHEMACHER.  It  seems,  to  me  that  the  trouble 
is  going  to  come  in  the  case  of  counties  having  an  uneven  num- 
ber of  senators.  Take  La  ramie  county  with  three  senators. 
Now,  how  are  yon  going  to  divide  that?  That  two  members 
shall  remain  in  the  senate  four  years  and  one  go  out.  That 
is  the  only  way  you  can  arrange1  it,  In  the  other  case,  after 
the  first  election,  providing  the  counties  remain  as  they  are, 


PROCEEDINGS  AND  DEBATES.  845 

Larainie  would  have  to  elect  two  senators,  and  continue  one. 
If  the  convention  will  give  us  another  senator  we  will  come 
into  that  plan. 

Mr.  PRESIDENT.  What  will  you  do  with  the  report  of 
your  committee,  gentlemen? 

Mr.  COFFEEN.    Move  it  be  adopted. 

Mr.  PRESIDENT.  The  question  is  on  the  adoption  of  the 
report  of  the  legislative  committee.  Are  you  ready  for  the 
question?  All  in  favor  of  the  motion  will  say  aye;  contrary 
no.  The  ayes  have  it;  the  motion  prevails. 

Mr.  RINER.  I  move  the  rules  be  suspended  and  this  sec- 
tion be  placed  upon  its  final  passage. 

Mr.  PRESIDENT.  The  question  is  on  the  final  reading; 
and  passage  of  the  proposition  reported  by  the  legislative  com- 
mittee, and  a  suspension  of  the  rules  for  that  purpose.  All 
in  favor  of  the  motion  will  say  aye;  contrary  no.  The  ayes 
have  it;  the  motion  to  suspend  the  rules  prevails.  The  question 
is  on  the  adoption  of  the  section.  All  who  are  of  the  opinion 
that  the  section  be  adopted  as  a  part  of  the  constitution  will 
say  ayo  as  their  names  are  called;  those  of  the  contrary  opin- 
iqn)  will  siay  no.  The  clerk  will  call  the  roll. 

(Roll  call.) 

Gentlemen,  your  vote  on  the  proposition  is  as  follows :  Ayesy 
26;  noes,  none;  absent,  23.  By  your  vote  you  have  adopted  the 
proposition  as  a  part  of  the  constitution  of  Wyoming. 

Mr.  CAMPBELL.  In  accordance  with  the  notice  I  have 
given,  (I  move  we  now  proceed  with  the  appointment  of  a  com- 
mittee of  eight  for  the  purpose  of  going  to  Washington  to  ad- 
vocate before  congress  the  admission  of  Wyoming  as  a  state. 

Mr.  HAY.    I  suggest  that  the  committee  be  made  ten. 

Mr.  CAMPBELL.  My  idea  is  that  no  person  should  be  se- 
lected unless  they  will  say  before  hand  that  they  will  go  unless* 
something  should  happen  to  absolutely  prevent  it. 

Mr.  PRESIDENT.  The  question  is  on  the  motion  to  select 
a  committee  of  ten  to  go  to  Washington  to  aid  in  the  effort 
to  secure  the  admission  of  Wyoming  into  the  union.  Are  you 
ready  for  the  question?  All  in  favor  of  the  motion  will  say 
aye;  contrary  no.  The,  ayes  have  it;  the.  motion  to  select  k 
committee  prevails.  How  will  you  select? 

Mr.  HARVEY.  I  desire  to  nominate  Mr.  DeForrest  Rich- 
ards, if  agreeable  to  the  convention. 

Mr.  CLARK.  Is  the  idea  that  the  representation  shall  be 
by  counties?  I  am  not  in  favor  of  making  it  by  counties  at 
all. 

Mr.  RINER.  I  desire  to  nominate  as  a  member  of  that 
committee  the  president  of  this  convention.  I  will  put  the 
question.  All  those  favoring  the  selection  will  say  aye;  con: 
trary  no.  The  ayes  have  it;  the  selection  is  unanimous.  There 
are  nine  members  to  be  selected  from  the  body  of  the  house. 


CONSTITUTIONAL  CONVENTION. 

Mr.  PRESIDENT.  I  ain  very  much  obliged  to  the  gentle- 
men for  the  honor  they  have  done  me;,  but  I  do  not  think  I  can 
promise  definitely  to  go  to  Washington  to  attend  to  this  mat- 
ter. But  I  will  do  so  if  I  can. 

Mr.  PRESTON.  I  desire  to  propose  the  name  of  Ex-Gov- 
ernor Baxter  of  Laramie  county. 

Mr.  BAXTER.  I  expect  to  go  east  the  latter  part  of  Jan- 
uary and  I  think  might  arrange  to  spend  a  week  or  ten  days  in 
Washington  during  that  month.  If  obliged  to  go  any  sooner 
than  that  it  will  be  impossible  for  me  to  do  so. 

Mr.  CLARK.    I  desire  to  nominate  Mr.  A.  C.  Campbell. 

Mr.  POTTER.    Mr.  Henry  G.  Hay. 

Mr.  HAY.  I  would  like  very  much  to  go  with  this  com- 
mittee, and  I  appreciate  the  honor  done  in  naming  me,  but  1 
cannot  promise  at  this  time  whether  I  will  go  or  not.  My 
business  is  such  that  it  is  absolutely  impossible  for  me  to  leave 
it.  I  would  only  accept  the  nomination  with  the  understand- 
ing that  I  might  appoint  some  alternate  to  go  in  my  place  if 
I  cannot. 

Mr.  ELLIOTT.    I  desire  to  name  Mr.  E.  S.  N.  Morgan. 

Mr.  HARVEY.    I  desire  to  name  Mr.  Elliott. 

Mr.  HOPKINS.    Mr.  Grant. 

Mr.  FOX.     Mr.  Riner. 

Mr.  RINER.  While  I  appreciate  the  honor,  I  am  prepared 
to  say  that  it  would  be  absolutely  impossible  for  me  to  leave 
liere  at  any  time  betweeji  December  and  the  first  of  March. 
I  therefore;  decline,  as  it  would  be  impossible  for  me  to  do 
any  good. 

Mr.  HOYT.  jl  don't  know  how  many  names  have  been  pre- 
sented, but  I  desire  to  offer  the  name  of  Mr.  Smith. 

Mr.  MORGAN.  I  suggest  the  list  be  read,  and  as  each  gen- 
tleman's name  is  called  he  can  state  as  to  the  probability  of 
Ms  being  able  to  go  or  not. 

Mr.  BAXTER.    I  desire  to  name  Governor-  Hoyt, 

Mr.  MORGAN.    I  desire  to  suggest  Mr.  Conaway. 

Mr.  COFFEEN.    I  nominate  Mr.  Clark  of  Uinta. 

Mr.  RINER.    I  desire  to  name  Mr.  Teschemacher. 

Mr.  TESCHEMACHER.  It  depends  entirely  as  to  when 
this  matter  is  going  to  come  before  congress.  I  can't  get  away 
from  here  before  the  tenth  of  January. 

Mr.  ORGAN.    Mr.  Potter. 

Mr.  POTTER,    I  cannot  go. 

Mr.  COFFEEN.  If  we  keep  on  as  we  are  now  J  don't  think 
.any  living  man  can  tell  the  result.  I  do  not  think  this  is  a.  wise 
plan  to  pursue.  It  seems  to;  me  that  the  wisest  thing  to  do 
would  be  to  appoint  a  committee  to  act  in  conjunction  with  our 
chairman,  who  is  already  selected  as  one  member,  to  appoint 
n  committee,  and  report  to  the  convention  on  Monday  morning. 


PROCEEDINGS  AND  DEBATES.  847 

Mr.  PRESIDENT.  The  question  is  on  the  appointment  of 
a  committee  of  four  to  appoint  a  committee  to  go  to  Washing- 
ton. Are  you  ready  for  the  question?  All  in  favor  of  the  mo- 
tion will  say  aye;  contrary  no.  The  ayes  ha,ve  it;  the  motion 
prevails.  The  chair  will  name  Mr.  Riner,  Judge  Conaway,  Mr. 
Elliott  and  Mr.  Organ. 

Mr.  HAY.  I  have  a  resolution  to  offer.  "That  the  presi- 
dent and  secretary  of  this  convention  are  instructed  to  issue 
to  the  secretary  of  the  territory  of  Wyoming  a  certificate 
showing  the  attendance  of  members  of  this  convention."  I 
think  there  should  be  some  official  statement  filed  with  the  sec- 
retary of  the  territory,  in  case  either  congress  or  the  legislature 
should  compensate  the  members  of  this  convention  for  the 
arduous  labors  they  have  performed. 

Mr.  PRESIDENT.  The  question  is  on  the  amendment.  All 
in  favor  of  the  motion  will  say  aye ;  contrary  no.  The  ayes  have 
It ;  the  motion  prevails. 

Mr.  RINER.  As  there  is  nothing  further  this  convention 
can  do  this  afternoon,  I  move  we  now  adjourn  until  9  o'clock 
Monday  morning. 

Mr.  PRESIDENT.  It  is  moved  that  we  now  adjourn  until 
9  o'clock  Monday  morning.  Are  you  ready  for  the  question? 
All  in  favor  of  the  motion  will  say  aye;  contrary  no.  The  ayes 
have  it;  the  convention  will  now  adjourn  until  9  o'clock  Mon- 
day morning, 


TWENTY-FIFTH  DAY. 
MORNING  SESSION. 


Monday,  September  30,  1889. 

Mr.  PRESIDENT.    The  convention  will  come  to  order. 

Prayer."' 

Roll  call. 

Reading  of  the  journal. 

Reports  of  committees. 

Mr.  TESCHEMACHER.  Your  committee  No.  19  have  com- 
pleted its  revision  of  the  constitution  and  are  now  ready  to 
submit  it  to  the  convention  for  final  reading. 

Mr.  PRESIDENT.  Gentlemen,  what  is  your  wish  as  to  (he 
manner  of  reading  the  constitution? 

Mr.  CLARK.  I  think  it  should  be  read  by  articles  and 
approved  by  articles,  and  then  approved  as  a  whole. 


848  CONSTITUTIONAL  CONVENTION. 

Mr.  PRESIDENT.  If  Mr.  Burritt  will  kindly  read,  we  will 
proceed  with,  the  final  reading  of  the  constitution.  It  will  be 
read  by  articles  and  the  vote  taken  on  each  article.  The  pre- 
amble will  now  be  read. 

The  question  is  upon  the  adoption  of  the  preamble  as  read 
Are  you  ready  for  the  question?  So  many  as  are  of  the  opin- 
ion that  the  preamble  be  adopted  as  read  will  say  aye  as  their 
names  are  called;  those  of  the  contrary  opinion  will  say  no. 
The  clerk  will  call  the  roll. 

(Boll  call.) 

Gentlemen,  your  vote  on  the  preamble  is  as  follows:  Ayes, 
25;  noes,  none;  absent,  24.  Gentlemen,  by  your  vote  you  have 
adopted  the  preamble  of  the  con st it n  I  ion  of  Wyoming.  Art. 

1  will  now  bo  read.    Are  there  any  amendments?    The  chair 
hears  none.    The  question  is  on  the  adoption  of  Art.  1  as  read 
as  a  part  of  the  constitution.    So  many*  as  are  of  the  opinion 
that  Art.  1  be  adopted  as  read  will  say  aye  as  their  names  are 
called;  those  of  the  opposite  opinion  will  say  no.     The  clerk 
will  call  the  roll. 

(Roll  call.) 

Gentlemen,  your  vote  on  Art.  1  is  as  follows:  Ayes,  28;  noes, 
none;  absent,  21.  By  your  vote  you  have  adopted  Art.  1  of  the 
constitution  of  the  state  of  Wyoming.  Art.  2.  Are  there  any 
amendments?  The  chair  hears  none.  The  vote  is  now  on  Art. 

2  as  read.    So  many  as  are  of  the  opinion  that  Art.  2  be  adopt- 
ed will  say  aye  as  their  names  are  called ;  those  of  the  contrary 
opinion  will  say  no.    The  secretary  will  call  the»roll. 

(Roll  call.) 

Gentlemen,  your  vote  on  Art.  2  is  as  follows :  Ayes,  26 ;  noes, 
none;  absent,  23.  Gentlemen,  by  your  vote  you  have  adopted 
Art.  2  of  the  constitution  of  the  state  of  Wyoming.  Art.  3. 
Any  amendments  to  Art.  3? 

Mr.  HOYT.  I  move  to  amend  Sec.  6  by  striking  out  the 
word  "ninety"where  it  occurs  in  the  second  sentence  of  that 
section,  and  insert  the  word  "sixty,"  so  that  it  will  read  "No 
session  of  the  legislature  after  the  first,  which  may  be  sixty 
days,  shall  exceed  forty  days."  I  believe  there  is  no  necessity 
for  any  argument  on  the  subject,  for  a  careful  estimate  shows 
a  saving  can  be  made  of  between  eighteen  hundred  and  two 
thousand  dollars  in  the  first  session,  and  I  believe  it  is  the 
unanimous  opinion  of  the  convention  that  the  work  of  this  first 
session  can  be  done  in  that  time,  and  this  saving  is  so  import- 
ant that  it  ought  to  have  the  approval  of  all  the  members. 

Mr.  PRESIDENT.  Gentlemen,  you  have  heard  the,  amend- 
ment. Are  you  ready  for  the  question?  All  in  favor  of  the 
amendment  will  say  aye;  contrary  no.  The  ayes  have  it;  the 
motion  to  amend  prevails.  Any  further  amendments  ?  .  The 
chair  hears  none.  The  question  is  now  on  Art.  3  as  read  and 
amended.  Are  you  ready  for  the  question?  So  many  as  are 


PROCEEDINGS  AND  DEBATES.  849 

of  the  opinion  that  Art.  3  be  adopted  as  r<  ad  will  say  aye  as 
their  names  are  called;  those  of  the  opposite  opinion  will  say 
no.  The  clerk  will  call  the  roll. 

(Eoll  call.) 

Mr.  ELLIOTT.  I  voted  against  this  as  a  separate  proposi- 
tion, but  in  supporting  the  constitution  I  am  restrained  to  'vote 
aye. 

Mr.  PRESIDENT.  Gentlemen,  your  vote  on  Art.  3  is  as 
follows:  Ayes,  30;  noes,  none;  absent,  10.  By  your  vote  you 
have  adopted  Art,  3  as  a  part  of  the  constitution  of  Wyo- 
ming. Art,  4.  Are  there  any  amendments?  The  chair  hears 
none.  The  question  is  now  on  the  adoption  of  Art.  4  as  read. 
All  who  are  of  the  opinion  that  Art.  4  as  read  be  adopted  ais 
a  part  of  the)  constitution  will  say  aye  as  their  names  are 
called;  those  of  the  contrary  opinion  will  say  no.  The  clerk 
will  call  the  roll. 

(Roll  call.) 

Gentlemen,  your  vote  on  Art.  4  is  as  follows :  Ayes,  31 ;  noes, 
none;  absent,  18.  By  your  vote,  gentlemen,  you  have  adopted 
Art.  4  as  a  part  of  the  constitution  of  Wyoming.  Art.  5. 

Mr.  KNI(jHT.  I  would  like  to  make  a  suggestion.  I  see 
by  the  article  that  provision  is  made  whereby  a  member  of 
the  district  court  may  be  called  upon  to  sit  in  the  supreme 
court,  but  see  no  provision  whereby  in  an  emergency  the  place 
of  members  of  the  district  court  may  be  filled.  The  districts 
are  large  in  the  western  part  of  this  territory,  and  there  is  a 
great  deal  of  expense  attending  the  holding  of  the  court. 
There  might  arise  an  emergency  whereby  one  of  the  district 
judges  might  be  unable  to  fill  his  engagements.  It  is  provided 
that  the  district  judges  may  act  for  each  other,  but  if  it  should 
happen  at  any  time  that  all  of  the  other  courts  are  engaged, 
it  seems  to  me  no  more  than  proper  that  in  such  an  emergency 
a  member  of  the  supreme  court  might  act.  I  merely  offer  this 
as  a  suggestion,  and  I  move  to  amend  by  adding  to  Sec.  2  the 
following:  "Any  member  thereof  may  in  case  of  an  emergency 
be  assigned  by  the,  governor  to  act  as  a  district  judge,  under 
such  rules  and  regulations  as  may  be  prescribed  by  law.'' 
There  might  perhaps,  Mr.  President,  be  an  additional  requisite 
that  the  supreme  judge  should  not  sit  in  reviewing  a,  case  in 
which  he  acted  as  district  judge. 

Mr.  HARVEY.  I  trust  this  amendment  will  not  prevail. 
It  is  inconsistent  with  the  entire  course  of  this  convention. 

Mr.  CONAWAY.  I  only  wish  to  say  in  regard  to  this  pro- 
posed amendment  that  I  wish  to  simply  reiterate  every  argu- 
ment I  made  against  a  supreme  court  constituted  of  the  dis- 
trict judges. 

Mr.  KNIGHT.  I  took  no  part  in  the  discussion  of  this  arti- 
cle. I  have  maintained  that  a  supreme  court  is  necessary,  but 
the  only  question  I  raise  is  this :  In  an  emergency,  if  one  should 
—'54 


850  CONSTITUTIONAL  CONVENTION. 

arise  as  to  the  holding  of  the  district  court,  it  is  very  possible 
that  that  court  must  go  over,  and  large  expense  be  incurred 
by  the  several  counties  in  the  district,  for  the  reason  that  none 
of  the  other  judges  could  act  at  the  tune  and  thus  hold  court. 
Now  if  there  is  a  provision  whereby  the  supreme  judges  may 
act  as  district  judges,  might  be  more  of  an  excuse  and  less  of 
an  objection  to  a  supreme  court.  I  don't  care  particularly 
about  this,  but  I  thought  it  would  be  accepted  by  the*  conven- 
tion as  an  amendment  that  would  be  acceptable  to  a  number  of 
people,  in  view  of  the  fact  that  objection  has  been  raised  to  a 
supreme  court. 

•  Mr.  PRESIDENT.  The  chair  wishes  to  state  that  in  pass- 
ing upon  this  constitution  at.  this  stage  amendments  will  be 
limited  under  our  rules  to  the  extent  of  changes  in  details  as 
to  matters  already  adopted,  but  not  to  any  absolute  change  as 
to  any  matter  adopted  heretofore.  This  is  a  matter  of  detail, 
I  take  it.  The  question  is  on  the  amendment.  All  in  favor 
of  the  amendment  will  say  aye;  contrary  no.  The  noes  have 
it;  the  amendment  is  lost. 

Mr.  CAMPBELL.  In  Sec.  21,  at  the  end  of  the  section, 
I  wxmld  like  to  add  this:  "The  number  of  district  judges  shall 
not  exceed  three  until  the  value  of  taxable  property  within 
the  state  .shall  equal  sixty  millions  of  dollars,  and  shall  not 
exceed  four  until  such  taxable  valuation  shall  equal  one  hun- 
dred million  dollars."  I  think  there  should  be  a  provision  in 
there  that  the  number  should  not  be  increased  until  a  certain 
time.  Some  people  have  got  the  idea  that  this  article  is  a 
particularly  favorable  one  to  the  lawyers,  and  they  might  make 
another  judge  as  soon  as  they  could  induce  the  legislature  to 
do  so,  and  I  make  that  amendment  to  this  article  in  this  con- 
stitution at  the  request  of  certain  persons  here  who  feared  if 
this  should  be  left  out  as  it  is,  it  might  make  some  uneasy,  and 
they  would  vote  against  the  constitution  for  that  reason,  and 
that  it  would  be  more  satisfactory  to  the  people  if  the  number 
was  settled  and  not  increased  until  after  a  certain  time. 

Mr.  HARVEY.  We  people  of  the  north  have  consented 
to  some  things  which  are  not  favorable  to  our  counties.  Now 
if  there  are  three  judges  it  is  almost  certain  that  they  will  all 
live  along  the  line  of  this  road.  And  it  will  be  some  time  be- 
fore we  northern  counties  get  a  district  judge.  But  it  is  hardly 
fair  to  keep  us  out  of  having  a  judge  for  the  next  ten  years. 
I  would  amend  the  amendment  so  that  it  would  read,  "Pro- 
vided the  number  of  districts  and  district  judges  shall  not  ex- 
ceed four  until  the  taxable  valuation  of  property  in  the  state 
shall  exceed  one  hundred  million  dollars." 

Mr.  PRESIDENT.  The  question  is  on  the  amendment.  Are 
you  ready  for  the  question  ?  All  in  favor  of  the  motion  will  say 
aye;  contrary  no.  The  ayes  have  it;  the  motion  to  insert  pre- 
vails. Are  there  any  other  amendments?  The  question  is  on 


PROCEEDINGS  AND   DEBATES.  851 

Art.  5  as  mid  and  amended.  Are  you  ready  for  the  question? 
All  in  favor  of  the  adoption  of  Art.  5  as  a  part  of  the  constitu- 
tion will  say  aye  as  their  names  are  called;  those  of  the  con- 
trary opinion  will  say  no.  The  clerk  will  call  the  roll. 

(Roll  call.) 

Gentlemen,  the  vote  on  Art  5  is  as  follows :  Ayes,  31 ;  noes, 
none;  absent,  18.  Gentlemen,  by  your  vote  you  have  adopted 
Art.  5  as  a  part  of  the  constitution.  Art.  6.  Final  reading 
of  Art,  6.  Are  there  any  amendment  s?  The  chair  hears  none. 
The  question  is  on  the  final  reading  of  Art.  6  as  read.  So  many 
.as  are  of  the  opinion  that  Art.  6  be  adopted  as  read  will  say 
.aye  as  their  names  are  called;  those  of  the  opposite  opinion 
will  say  no.  The  clerk  will  call  the  roll. 

(Roll  call.) 

Mr.  CLARK.  Because  I  believe  that  an  educational  qualifi- 
cation for  suffrage  is  contrary  to  the  spirit  of  our  institutions, 
and  I  am  irrevocably  opposed  to  that  principle,  I  vote  no. 

Mr.  PRESTON.  For  the  reason  advanced  by  Mr.  Clark,  1 
vote  no. 

Mr.  SMITH.  Sec.  9.  The  educational  qualification  in  this 
article  is  very  objectiona/ole  to  me,  but  as  I  desire  to,  vote  for 
the  balance  of  the  article,  I  vote  aye. 

Mr.  PRESIDENT.  Gentlemen,"  your  vot,e  on  Art.  6  is  as 
follows:  Ayes,  25;  noes,  6;  absent,  18.  By  your  vote  you  have 
adopted  Art.  0  of  the  constitution.  Art.  7. 

Mr.  POTTER.  I  would  like  to  ask  a  question.  It  is  well 
known  that  we  have  a  grant  of  land  to  the  state  for  a  normal 
and  agricultural ' college.  I  have  a  little  fear  that  a  few  words 
in  this  section  will  take  those  lands  for  the  university.  This 
is  the  language :  "All  lands  which  have  been  heretofore  grant- 
•ed  or  which  may  be  hereafter  granted  unto  the  university  as 
such,  or  in  aid  of  the  instruction  to  bej  given  in  any  of  its  de- 
partments." Supposing  at  the  university  they  give  a  normal 
and  agricultural  course,  it  will  take  these  lands  if  those  words 
remain  in.  ,1  have  a  little  fear  of  it  that  is  all. 

.  Mr.  COFFEEN.  I  was  afraid  of  this  when  it  was  on  its 
passage  before.  I  feared  that  these  words  "or  in  aid  of  the 
instruction  to  be  given  in ^  any  of  its  department^"  might  cut 
us  off  in  the  establishment  of  an  agricultural  and  normal  col- 
lege. I  do  not  think  the  language  is  safe  for  the  protection  of 
their  interests.  I  move  to  strike  out  line  six  of  the  printed 
WL 

Mr.  HOYT.  There  is  reference  somewhere  in  the  article 
to  the  other  institutions.  The  committee  on  education  having 
in  mind  that  it  might  be  the  purpose  of  congress  at  some  time 
to  grant  lands  for  normal  school  purposes,  and  in  such  case 
the  legislature  would  see  fit  to  make  such  location  of  those  in- 
stitutions in  different  parts  of  the  state  as  would  promote  the 
jgeneral  interests  and  serve  the  whole  public.  In  some  of  the 


852  CONSTITUTIONAL  CONVENTION. 

eastern  states  they  have  these  normal  schools  established  upon 
grants  from  congress.  They  are  located  in  different  sections 
of  the  state.  I  believe  in  a  normal  department  in  the  univer- 
sity. This  was  the  purpose  of  the  committee. 

Mr.  CHAIRMAN.  The  question  is  on  the  motion  to  strike 
out.  All  in  favor  of  the  amendment  will  say  aye;  contrary  no. 
The  noes  have  it ;  the  motion  to  strike  out  is  lost. 

Mr.  HAY.  Before  we  leave  this  I  notice  that  that  section, 
ends  with  the  words  "such  lands  may  be  leased  on  terms  ap- 
proved by  the  land  commissioners,  but  may  not  be  sold  on 
terms  not  approved  by  congress,"  In  looking  over  the  senate 
bill  2445,  I  notice  that  it  is  absolutely  one  of  the  provisions  of 
that  bill  that  no  one  person  shall  buy  or  lease  more  than  six 
hundred  and  forty  acres.  That  was  included  in  the  original 
report  of  the  committee  and  I  called  attention  to  it  at  the 
time  it  was  discussed,  and  would  say  that  /I  think  it  had  better 
go  back. 

Mr.  BAXTER,  .  According  to  the  wording  of  the  last  of  the 
section  it  conveys  the  idea  that  they  would  have  to  submit 
the  terms  to  be  approved  by  congress. 

Mr.  PRESIDENT.  I  would  suggest  to  the  gentleman  that 
the  idea  is  this :  Some  of  these  lands  will  never  be  sold  for  ten 
dollars  an  acre,  and  we  want  to  arrange  it  so  we  may  hereafter 
secure  the  approval  of  congress  to  sell  them  at  a  lower  figure. 

Mr.  PRESIDENT.  The  question  is  on  the  article  as  read. 
So  many  as  are  of  the  opinion  that  Art.  7  be  adopted  as  read 
will  say  aye  as  their  names  are  called;  those  of  the  opposite 
opinion  will  say  no.  The  clerk  will  call  the  roll. 

(Roll  call.) 

Gentlemen,  your  vote  on  Art.  7  is  as  follows:  Ayes,  31; 
noes,  none;  absent,  18.  Gentlemen,  by  your  vote  you  have 
adopted  Art.  7  as  a  part  of  the  constitution  of  the  state  of  Wyo- 
ming. 

Mr.  CAMPBELL.  /I  move  we  now  take  a  recess  until  half 
past  one. 

Mr.  PRESIDENT.  The  committee  appointed  on  address  to 
the  people  are  now  ready  to  report.  Is  there  objection  to  this 
report  being  received  before  we  fake  a  recess?  If  not  the 
report  will  be  received  at  this  time. 

Mr.  RINER.    I  move  the  report  be  adopted. 

Mr.  PRESIDENT.  The  question  is  on  the  adoption  of  the 
report  of  the  committee  on  address  to  the  people.  Are  you 
ready  for  the  question?  All  in  favor  of  the  motion  will  say 
aye;  contrary  no.  The  ayes  have  it;  the  motion  prevails.  The 
report  of  the  committee  stands  adopted. 

Mr.  RINER.    I  move  we  take  a  recess  until  2  o'clock. 

Mr.  PRESIDENT.  The  question  is  on  the  motion  to  take 
a  recess  until  2  o'clock.  Are  you  ready  for  the  question?  AH 


PROCEEDINGS  AND  DEBATES.  853 

In  favor  of  the*  motion  will  say  aye;  contrary  no.     The  ayes 
have  it;  the  motion  prevails.  U 


AFTERNOON  SESSION. 

Monday  afternoon,  Sept.  30. 

Mr.  PRESIDENT.  At  the  moment  of  adjournment  we  were 
reading  the  constitution.  We  will  now  proceed.  The  next  arti- 
cle before  us  is  Art.  8.  Any  amendments?  The  chair  hears 
none.  The  clerk  will  call  the  roll. 

Gentlemen,  your  vote  on  Art.  8  of  the  constitution  is  as- 
follows:  Ayes,  23;  noes,  2;  absent,  24.  By  your  vote  you  have 
adopted  Art.  8  as  a  part  of  the  constitution  of  Wyoming. 

Art.  0.    Any  amendments? 

Mr.  HOPKINS.  jit  has  been  thought,  by  some  members  of 
the  convention  here  that  the  two  state  offices  of  mine  inspec- 
tor and  state  geologist  were  not  an  absolute  necessity.  It  is 
well  known  what  the  duties  of  the  mine  inspector  are.  In  the 
first  place  a  mine  inspector  is  really  a  mine  detective.  The 
law  provides,  the  one  we  are  now  running  under,  that  the  in- 
spector shall  visit  each  mine  in  the  territory  once  every  quar- 
ter, or  four  times  in  the  year.  I  suppose  there  are  about  fifteen 
mines  in  the  territory,  something  in  that  neighborhood.  The 
inspector  is  expected  to  visit  each  one  of  those  mines  accord- 
ing to  law,  once  every  quarter.  It  will  take  him  about  two 
weeks  to  perform  the  duties  of  his  office,  as  required  by  law. 
That  certainly  leaves  a  large  portion  of  his  time  unemployed. 
Now  the  question  is  whether  a  mine  inspector  can  be  found 
who  would  combine  the  knowledge  of  mining  engineer  and 
state  geologist,  I  know  of  such  people  and  think  there  are 
lots  of  such  people,  and  think  they  could  be  secured  for  the  sal- 
ary we  would  pay  the  mine  inspector,  $2,500  a  year  and  ex- 
penses, and  I  would  move-  to  add  to  Sef .  7  of  this  file  on  coal 
mines,  after  the  Avords  "the  position7'  the  following:  "said  state 
geologist,  shall  ex-officio  perform  the  duties  of  inspector  of 
mines  until  otherwise  provided  by  law." 

Mr.  RUSSELL.  I  hope  this  convention  will  not  adopt  this 
amendment,  as  I  think  it  will  be  detrimental  to  the  object  of 
coal  mine  inspectors.  While  such  men  as  spoken  of  by  the 
gentleman  from  Sweetwater  can  be  found  combining  the  knowl- 
edge necessary  to  the  examination  of  coal  mines,  ventilation, 
etc.,  and  the  knowledge  and  wisdom  suitable  to  fill  the  posi- 
tion of  state  geologist,  I  think  they  are  very  scarce.  The  posi- 
tion of'  coal  mine  inspector  is  such  a  one  that  the  necessary 
knowledge  is  not  obtained  in  schools,  the  practical  knowledge 
that  office  demands  is  only  obtained  in  coal  mines.  I  think 
you  would  find  when  you  come  to  apply  this,  and  put  it  in  oper- 
ation, that  it  would  not  be  FO  easy  to  do  it.  f  do  not  think  it 


§54 


CONSTITUTIONAL  CONVENTION. 


would  work  right,  and  I  don't  think  we  want  to  risk  it  anyway. 
The  present  original  section  provides  that  the  legislature  shall 
fix  the  salary,  and  if  the  salary  is  found  too  high  for  the  work 
performed,  the  legislature  can  reduce  it,  and  can  do  the  same 
with  the  salary  of  the  geologist,  and  I  do  not  think  that  the 
amendment  ought  to  carry. 

Mr.  HOPKIXS.  I  wrish  to  say  respecting  this  question  of 
salary,  it  is  not  a  question  as  to  whether  the  salary  is  too 
high,  for  the  work  actually  performed.  The  office  is  of  such  a 
character  that  the  law  must  provide  that  he  shall  not  have 
any  interest  or  be  employed  in  any  other  way  as  a  mine  man, 
_pr  as  a  man  connected  with  mines.  He  must  have  no  connec- 
tion with  any  mine  whatever.  He  must,  like  a  judge  of  the 
supreme  court,  do  nothing  else,  and  you  have  got  to  pay  the 
salary  with  that  restriction.  He  can  only  be  employed  in  such 
capacity  by  the  territory.  By  nobod3r  else. 

Mr.  COFFEEN.  I  do  not  know  to  what  extent  this  has 
been  discussed  among  the  members.  I  made  a  rew  remarks 
in  defense  of  the  position  of  state  geologist,  and  that  office 
has  been  retained,  for  the  reasons  then  stated,  but  let  me  say 
here  for  myself,  if  we  must  combine  one  of  these  offices  with 
the  other,  I  want  the  office  of  mine  inspector  to  be  considered 
by  all  means  the  most  important.  His  duties  are  those  which 
relate  to  the  protection  of  men  in  the  most  dangerous  kind  of 
employment  in  this  country,  and  although  I  defended  the  po- 
sition of  state  geologist  before,  I  would  rather  let  that  position 
go  and  do  without  a  state  geologist  than  to  in  any  way  pre- 
vent our  having  a  practical  mining  inspector  who  knows  from 
practical  experience  and  training  the  things  needed  for  the 
protection  of  the  men  in  a  mine.  Therefore  I  will  have  to  vote 
against  this  amendment.  If  any  amendments  are  to  be  made 
let  it  be  by  striking  out  the  state  geologist  and  retaining  tht- 
more  important  office. 

Mr.  HOYT.  With  the  permission  of  the  convention  I  would 
like  to  ask  Mr.  Hopkins  a  question.  Does  it  not  follow  natural- 
ly that  a  good  state"  geologist  would  make  a  good  mining  in- 
spector? 

Mr.  HOPKINS.  In  answer  to  that  question  I  would  state 
that  the  study  of  geology  is  part  of  the  ordinary  studies  of  a 
mining  engineer. 

Mr.  HOYT.  I  merely  wish  to  say,  Mr.  President,  that  I  sec- 
ond the  motion  of  the  gentleman  from  Sweeitwater  for  two 
reasons.  First,  because  I  had  understood  that  the  proposition 
which  he  offered  was  entirely  satisfactory  to  the  members  of 
this  convention,  who  represent  the  mining  interests.  It  would 
be  far  from  my  desire,  sir,  to  do  anything  towards  crippling 
the  mining  interests  of  the  territory,  which  are  very  important. 
My  second  reason  was  that  I  believed  then  and  I  believe  now 
that  a  man  who  is  fit  to  be  a  state  geologist  of  Wyoming  should 


PROCEEDINGS  AND  DEBATES.  855 

be  one  of  the  most  intelligent  men  who  can  be  selected  as  an 
inspector  of  mines.  Our  state  geologist  s)iould  never  be  ap- 
pointed unleste  they  have  been  students  at  a  school  of  mines. 
I  understand  that  our  present  geologist  is  a  graduate  of  a 
school  of  mines,  which  makes  a  specialty  of  that  branch  alone. 
He  has  not  only  studied  geology,  but  he  has  made  a  special 
study  of  mines  and  mining  interests.  I  think  a  person  who  is 
competent  to  fill  the  position  of  state  geologist  should  be  com- 
petent to  be  an  inspector  of  coal  mines,,  and  have  such  practi- 
cal knowledge  that  he  will  know  whether  they  are  properly  ar- 
ranged and  ventilated  or  not.  Now  if  that  is  true,  there  is  an- 
other reajson  which  will  appeal- to  every  member  of  this  con- 
vention, and  it  is  that  of  economy.  We  should  have  a  state 
geologist  to  make  general  surveys;  of  the  territory,  and  other 
matters  connected  with  the  duties  of  that  office,  but  there  is 
nothing  to  prevent  his  going  at  stated  times  to  the  mines  and 
making  an  examination'  of  them,  such  as  will  properly  protect 
the  mining  interests.  I  want  to  say  just  one  more  word.  I 
know  how  the  miners  feel  about  this  matter,  and  they  do  not 
think  the  offices  should  be  combined.  It  was  attempted  when 
tHe  office  was  created  in  the  Wyoming  legislature,  and  it  was 
decided  then  that  it  would  not  work  well,  and  I  am  satisfied 
that  it  would  not  do  so  now. 

Mr.  PALMER  This  combination  of  the  office  of  state  geo- 
logist and  inspector  of  coal  mines  will  be  only  temporary, 
until  such  time  as  the  state  can  afford  to  separate  those  offices. 
Now  so  far  as  the  mining  interests  are  concerned,  Mr.  Hop- 
kins and  myself,  the  Sweetwater  delegation,  represent  the 
largest  coal  mining  interests  in  the  territory,  and  I  mean  to 
state  that  if  the  territorial  geologist  is  made  ex-officio  inspector 
of  coal  mines,  and  a  competend  man  is  appointed  to  fill  that 
position,  there  will  be  no  objection  to  it: 

Mr.  MORGAN.  The  gentleman  from  Sweetwater,  Mr.  Pal- 
mer, has  stated  the  motion  as  I  understand  it,  that  the  combi- 
nation is  only  temporary.  In  addition  to  that  it  seems  to  me 
that  the  state  geologist  while  acting  as  mine  inspector  would 
have  excellent  opportunities  for  looking  up  the  gelogist  part 
of  his  work  in  that  connection.  It  is  only  temporary,  and  if 
not  found  to  be  for  the  best  interests  of  all  concerned  it  can 
be  changed. 

Mr.  PRESIDENT.  The  question  is  on  the  amendment.  All 
in  favor  of  the  amendment  will  say  aye ;  contrary  no.  The  ayes 
have  it;  the  motion  to  insert  prevails.  The  question  is  now 
on  the  adoption  of  Art.  9  as  read  and  amended.  All  who  are 
of  the  opinion  that  the  article  be  adopted  will  say  aye;  con- 
trary no.  The  clerk  will  call  the  roll. 
(Boll  call.), 

Mr.  RUSSELL.     I  vote  aye,  but  .1  protest  against  this 
amendment. 


856  CONSTITUTIONAL  CONVENTION. 

Mr.  PRESIDENT.  Gentlemen,  the  vote  on  Art.  9  is  as  fol- 
lows: Ayes,  27;  nays,  3;  absent,  19.  Gentlemen,  by  your  vote 
you  have  adopted  Art.  9  as  a  part  of  the  constitution  of  the 
state  of  Wyoming.  Art.  10  will  now  be  read.  Are  there  any 
amendments  to  Art.  10?  The  question  is  on  the  adoption  of 
Art.  10.  So  many  as  are  of  the  opinion  that  Art.  10  be  adopted 
as  a  part  of  the  constitution  will  say  aye  as  their  names  are 
called;  those  of  the  contrary  opinion  will  say  no.  The  clerk 
will  call  the  roll. 

(Roll  call.) 

Mr.  POTTER.  I  desire  to  explain  my  vote.  I  have  no  ob- 
jection  to  these  matters  under- the  head  of  railroads,  but  I  have 
objection  to  the  article  on  corporations.  I  therefore  vote  no. 

Mr.  PRESIDENT.  Your  vote  on  Art,  10  is  as  folio wis: 
Ayes,  27;  noes,  1;  aibsent,  21.  Gentlemen,  by  your  vote  you 
have  adopted  Art.  10  as  a  part  of  the  constitution  of  Wyoming. 

Mr.  BURRITT.  I  ask  unanimous'  consent  to  introduce  a 
resolution  at  this  time,  and  ask  for  its  immediate  considera- 
tion. 

Mr.  PRESIDENT.  Is  there  objection  to  tlie  resolution  be- 
ing presented  at  this  time?  The  chair  hears  none.  The  gen- 
tleman may  introduce  hifc  resolution. 

Mr.  BURRITT.  ^Resolved,  That  the  president  and  secre- 
tary  of  this  convention  are  hereby  instructed  to  certify  to  the 
secretary  of  the  territory  the  mileage  and  per  diem  of  each 
member  of  this  convention,  in  case  any  member  shall  have  been 

absent  more  that    days  they  shall  be  allowed 

for  the  number  of  days  actually  in  attendance."  I  have  left 
the  number  of  days  blank,  but  move  that,  the  number  five  be 
inserted. 

Mr.  HOPKINS.  As  a,  member  of  this  convention  who  has 
been  absent  more  than  the  time  fixed,  I  desire  to  say  that  it 
approve  of  this  proposition. 

Mr.  KNIGHT.  I  have  been  absent  from  this  convention  a 
considerable  portion  of  the  time.  I  occupy  the  position  of 
county  attorney,  and  the  first  day  of  our  court  was  the  first 
day  of  the  convention,  and  it  has  been  impossible  for  me  to  be 
here  all  of  the  time,  but  I  desire  to  say  that  so  far  as  I  am  con- 
cerned, I  shall  only  ask  for  a  certificate*  for  the  actual  time 
I  have  been  here,  tip  long  as  I  was  unable  to  be  present  and 
could  not  take  the  interest  I  would  have  taken  if  I  had  been 
here  all  along. 

Mr.  PRESIDENT.  The  question  is  on  the  motion  to  insert 
the  word  five  in  the  resolution  as  offered.  Aro  you  ready  for 
the  question?  All  iu  favor  of  the.  amendment  will  say  aye; 
contrary  no.  The  ayes  have  it;  the  amendment  prevails.  The 
question  is  now  on  the  adoption  of  the  resolution  as  amended. 
All  in  favor  of  the  adoption  of  the  resolution  will  say  aye; 
contrary  no.  The  ayes  have  it;  the  resolution  is  adopted. 


PROCEEDINGS  AND   DEBATES.  857 

The  question  is  upon  the  adoption  of  Art.  11.  Beading  of 
Art.  11.  Are  there  any  amendments?  The  chair  hears  none, 
So  many  as  are  of  the  opinion  that  Art.  11  be  adopted  as  read 
will  say  aye  as  their  names  are  called;  those  of  the  contrary 
opinion  will  say  no.  The  clerk  will  call  the  roll. 

(Eoll  call.) 

Gentlemen,  the  vote  on  Art.  11  is  as  follows:  Ayes,  31;  noes, 
none;  absent,  11).  By  your  vote,  gentlemen,  you  have  adopted 
Art.  11  as  a  part  of  the  constitution  of  the  state  of  Wyoming. 
Art.  12.  Beading  of  Art.  12.  Are,  there  any  amendments? 
The  chair  hears  none.  So  many  ais  are  of  the  opinion  that  Art. 
12  as  read  be  adopted  av-  a  part,  of  the  constitution  will  say 
aye  as  their  names  are  called;  those  of  the  opposing  opinion 
will  say  no.  The  clerk  will  call  the  roll. 

Mr.  COFFEEN.  I  desire  to  explain  my  vote.  I  think  this 
limit  of  three  millions  of  assessable  property  to  be  left  in  the 
old  county  does  a  very  great  injustice  to  persons  living  in  a 
'county  who  desire  to  form  a  new  county  organization.  1 
vote  aye  on  this  article,  but  I  protest  against  this  portion  of 
it. 

Mr.  PRESIDENT.  Gentlemen,  your  vote  on  Art,  12  is  as 
follows:  Ayes,  31;  noes,  none;  absent,  18.  By  your  vote  you 
have  adopted  Art.  12  as  a  part  of  the  constitution  of  Wyo- 
ming. Art.  13. 

Mr.  BIXEB.  I  would  like  to  knowT  if  this  article  on  salaries 
bejongts  to  the  article  on  municipal  corporations? 

Mr.  CLARK.  I  will  state,  Mr.  President,  we  had  intended 
to  make  this  a  separate  article,  but  in  some  way  or  other  it 
got  in  here. 

Mr.  BIXEB.  It  puts  some  of  us,  myself  among  the  number, 
in  a  position  where  we  shall  have  to  vote  against  the  article, 
which  I  very  much  dislike  to  do.  In  order  that  we  may  have 
an  opportunity  to  vote  I  move  this  be  made  a  separate  article. 

Mr.  PRESIDENT.  It  is  moved  and  seconded  that  the  arti- 
cle on  salaries  bo  made  a  separate  article  in  the  constitution. 
Are  you  ready  for  the  question?  All  in  favor  of  the  motion  will 
say  aye;  contrary  no.  The  ayes  have  it;  the  motion  prevails. 
The  article  will  be  numbered  14.  We  will  now  proceed  to  vote 
upon  Art.  13. 

Mr.  SMITH.  As  this  section  now  stands  the  legislature  is 
prevented  from  making  any  changes  or  modifying  any  exist- 
ing charters  of  cities  or  towns.  Particularly  the  cities,  they 
will  want  amendments  to  their  charters,  or  to  reorganize,  and 
there  is  no  provision  in  this  constitution  whereby  they  can 
do  that.  I  offer  as  an  amendment  to  be  added  to  Sec.  1  the  fol- 
lowing: "Cities  and  towns  now  existing  under  special  charters 
or  the  general  laws  of  the  territory,  may  abandon  sucli  char- 
ter and  reorganize  under  the  general  laws  of  the  state." 


858  CONSTITUTIONAL  CONVENTION. 

Mr.  PRESIDENT.  Gentlemen,  you  have  heard  the  amend- 
ment Are  you  ready  for  the  question?  All  in  favor  of  the 
amendment  will  say  aye;  contrary  no.  The  ayes  have  it;  the 
amendment  is  carried.  Any  further  amendments?  The  ques- 
tion is  now  on  the  adoption  of  the  article  as  amended.  All 
who  are  of  the  opinion  that  Art.  13  as  read  be  adopted  as  a  part 
of  the  constitution  will  say  aye  as  their  names  are  called;  those 
of  the  contrary  opinion  will  say  no.  The  clerk  will  call  the  roll. 
(Roll  call.) 

Gentlemen,  the  vote  on  Art.  13  is  as  follows :  Ayes,  32 ;  noes, 
none;  absent,  17.  Gentlemen,  by  your  vote  you  have  adopted 
Arlt.  13  as  a  part  of  the  constitution  of  the  state  of  Wyo- 
ming. Art.  14. 

Mr.  HARVEY.  I  desire  to  offer  an  amendment  in  liiie 
fifteen,  the  salary  of  the  county  treasurer  is  fixed  at  f  l,500r 
in  counties  of  the  second  class,  while  in  counties  of  the  third 
class  he  receives  $2,000.  Now  I  think  a,s  a  matter  of  policy 
we  should  increase  that  fifteen  hundred  to  eighteen  hundred, 
and  il  therefore  move  to  strike  out  "fifteen"  and  insert  "eigh- 
teen" in  lieu  thereof. 

Mr.  PRESIDENT.  Gentlemen,  you  have  heard  the  amend- 
ment. Are  you  ready  for  the  question?  All  in  favor  of  the 
amendment  will  say  aye;  contrary  no.  The  aye(s  have  it;  the 
section  is  so  amended. 

Mr.  BURRITT.  I  desire  to  offer  an  amendment  by  adding 
a  new  section,  as  follows:  "Whenever  practicable  the  legisla- 
ture may,  and  when  ever  the  same  can  be  done  without  detri- 
ment to  the  public  service,  shall  consolidate  offices  in  state,, 
counties  and  municipalities  respectively,  and  whenever  so  con- 
solidated the  duties  of  such  additional  office  shall  be  performed 
under  an  ex-officio  title." 

Mr.  PRESIDENT.  The  question  in  on  the  amendment  of- 
fered by  the  gentlejuan  from  Johnson,  to  add  a  new  section,  to 
be  numbered  six.  Are  you  ready  for  the  question?  All  in  fa- 
vor of  the  amendment  will  say  aye;  contrary  no.  The  ayes 
have  it;  the  new  section  stands  adopted.  Any  further  amend- 
ments ? 

Mr.  ELLIOTT.  I  move  to  strike  out  Sec.  3.  On  consulta- 
tion with  the  members,  most  if  .not  all  of  them,  admit  the  fact 
that  they  will  not  undertake  to  say  that  the  salaries  are  right. 
Under  the  circumstances  I  move  to  strike,  out  the  whole  sec- 
tion. 

Mr.  COFFEEN.  I  rise  to  a  point  of  order,  that  changes 
the  entire  article.  As  decided  upon  by  the  united  action  of  this 
convention  heretofore,  and  theire  is  no  use  in  discussing  ir 
again.  I  believe  I  shall  insist  upon  the  point  of  order  in  this 
case1. 

Mr.  PRESIDENT.  The  chair  announced  this  morning  that 
any  amendment  that  was  a  mere  matter  of  detail  would  be  en- 


PROCEEDINGS  AND  DEBATES.  859 

tertained,  but  that  any  amendment  that  would  change  the 
whole  tenor  of  any  article  would  not  be  entertained,  except  by 
order  of  the  convention.  The  chair  is  of  the  opinion  that  the 
point  raised  by  the  gentleman  from  Sheridan  is  well  taken. 
Does  the  gentleman  desire  a  suspension  of  the  rules? 

Mr.  ELLIOTT.    I  do  not 

Mr.  PRESIDENT.  Are  there  any  further  amendments? 
The  chair  hears  none.  The  question  is  on  the  adoption*  of  Art. 
14  as  a  part  of  the  constitution.  So  many  as  are  of  the  opin- 
ion that  Art.  14  be  adopted  as  a  part  of  the  constitution  will 
so  signify  by  saying  aye  as  their  names  are  called; 
those  of  the  contrary  opinion  will  say  no.  The  clerk 
will  call  the  roll. 

Mr.  BURRITT.    I  vote  aye  under  protest. 

Mr.  CAMPBELL.  I  wish  to  explain  my  vote.  I  think  it 
will  be  difficult  if  not  impossible  under  the  operation  of  this  ar- 
ticle, to  get  a  good  man  to  accept  the  office,  and  I  therefore 
vote  no. 

Mr.  HOYT.    For  the  reson  given  heretofore,  T  vote  no. 

Mr.  POTTER  I  wish  to  explain  my  vote.  Under  ordinary 
circumstances  I  would  consider  that  fixing  of  salaries  of 
county  officers  in  a  constitution  out  of  place.  But  under  the 
peculiar  circumstances  under  which  it  was  introduced  here 
I  vote  aye. 

Mr.  PRESTON.  Mr.  Nickerson,  who  is  directly  opposed 
in  his  views  upon  this  question  to  mine,  is  absent,  I  know  his 
vote  would  kill  mine,  if  he  was  here.  I  ask  to  pair  with  him. 

Mr.  PRESIDENT.  Is  there  objection  to  excusing  the  gen- 
tleman? There  seems  to  be  objection;  the  gentleman  will 
vote. 

Mr.  PRESTON.     No. 

Mr.  SMITH.  I  think  the  principle  involved  here'  is  emi- 
nently proper,  but  I  am  not  satisfied  with  this  as  it  is  here, 
but  I  believe  in  taking  what  we  can  get,  and  vote  aye. 

Mr.  PRESIDENT.  Gentlemen,  your  vote  on  Art,  14  is 
as  follows:  Ayes,  21;  noes,  10;  absent,  18.  By  your  vote  you 
have  adopted  Art.  14  as  a  part  of  the  constitution  of  Wyo- 
ming. Art.  15.  Are  thejre  any  amendments? 

Mr.  RINER.  I  would  like  to  ask  a  question.  In  the  section 
refeirring  to  the  state  board  of  equalization  it  says  such  as- 
sessed valuation  shall  be  apportioned  among  the  several  coimr 
ties.  Now  I  want  to  ask  this  question,  as  I  am  not  quite  sat- 
isfied myself,  whether,  or  not  it  is  necessary  to  insert  the  words 
"according  to  the  mileage  therein?"  It  seems  to  me  that  with- 
out these  words  the  territorial  board  would  be  ofbliged  to  ap- 
portion it  equally,  whereas  the  purpose  of  the  section  is  to  ap- 
portion according  to  the  mileage  in  the  county,  so  that  each 
county  will  get  the  benefit  of  the  mileage  in  the  county.  It 
seems  to  me  that  without  those  words  in  there  thev  Avould 


860  CONSTITUTIONAL  CONVENTION. 

have  to  apportion  it  equally.  At  least  that  seeeins  to  me  would 
be  the  effect  of  it.  I  therefore  move  to  insert  the  words  "ac* 
cording  to  the  mileage  therein,"  after  the  word  "counties." 

Mr.  PRESIDENT.  Gentlemen,  YOU  have  heard  the  amend- 
ment. Are  you  ready  for  the  question?  All  in  favor  of  the 
amendment  will  say  aye;  contrary  no.  The  ayes  have  it;  the 
amendment  prevails.  Are  there  any  other  amendments?  The 
question  is  on  the  adoption  of  Art.  15  as  amended.  So  many  as 
are  of  the  opinion  that  Art.  15  be  adopted  as  read  and  amend- 
ed will  say  aye  asi  their  names  are  called;  those  of  the  con- 
trary opinion  will  say  no.  The  secretary  will  call  the  roll. 

(Roll  call.) 

Gentlemen,  your  vote  on  Art.  15  is  as  follows:  Ayes,  26; 
noes,  4;  absent,  19.  P»y  your  vote  you  have  adopted  Art.  15 
as  a  part  of  the  constitution  of  Wyoming.  Art.  1(5.  Final 
reading  of  Art.  16.  Are  there  any  amendments?  The  chair 
hears  none.  The  question  is  upon  the  adoption  of  the  article 
as  read.  So  many  as  are  of  the  opinion  that  Art.  16  be  adopt- 
ed as  a  part  of  the  constitution  will  say  aye;  those  of  the  con- 
trary opinion  will  say  no.  The  secretary  will  call  the  roll. 

(Roll  call.) 

Gentlemen,  your  vote  on  Art.  16  is  as  follows:  Ayes,  31;  noes 
none;  absent,  18.  Gentlemen,  by  your  vote  you  have  adopted 
Art.  16  as  a  part  of  the  constitution  of  Wyoming.  Art.  17. 
Final  reading  of  Art.  17.  Are  there  any  amendments?  The 
chair  hears  none.  The  secretary  will  call  the  roll. 

(Roll  call.) 

Gentlemen,  your  vote  on  Art.  17  is  as  follows?  Ayes,  31; 
noes,  none;  absent,  18.  Gentlemen,  by  your  vote  you  have 
adopted  Art.  17  as  a  part  of  the  constitution  of  Wyoming.  Art. 
18.  Final  reading  of  Art.  18.  Are  there  any  amendments? 
The  chair  hears  none.  Thequestion  is  on  the  adoption  of  Art 

18  as  read.    All  who  are  of  the  opinion  that  Art.  18  be  adopt- 
ed as  a  part  of  the  constitution  will  say  aye  as  their  names  are 
called;  those  of  the  contrary  opinion  will  say  no.     The  clerk 
will  call  the  roll. 

.      (Roll  call.) 

Gentlemen,  your  vote  on  Art,  18  is  as  follows:  Ayes,  31; 
noes,  none;  absent,  18.  Gentlemen,  by  your  vote  you  have 
adopted  Art.  18  as  a  part  of  the  constitution  of  Wyoming. 

Art.  11).  Are  there  any  amendments  to  Art.  19?  The 
rliair  hears  none.  The  question  is  upon  the  adoption  of  Art. 

19  as  read.    All  who  are  of  the  opinion  that  Art.  19  be  adopt- 
ed as  a  part  of  the  constitution  will  say  aye  as  their  names  are 
called;  those  of  the  contrary  opinion  will  say  no.     The  clerk 
will  call  the  roll. 

(Roll  call.) 


PROCEEDINGS  AND  DEBATES.  86 1 

Gentlemen,  your  vote  on  Art.  10  is  as  follows:  Ayes,  30; 
noes,  none ;  absent,  18.  By  your  vote  you  have  adopted  Art.  11) 
as  a  part  of  the  constitution.  Art.  20.  Final  reading  of  Art. 
20.  Are  there  any  amendments?  The  chair  hears  none.  The 
question  is  upon  the  adoption  of  Art.  20.  So  many  as  are  of 
the  opinion  that  Art.  20  .be  adopted  as  a  part  of  the  constitu- 
tion will  say  aye;  contrary  no  as  their  names  are  called.  The 
clerk  will  call  the  roll. 

(Holl  call.) 

Gentlemen,  your  vote  on  Art.  20  is  as  follows:  Ayes,  31; 
noes,  none;  absent,  18.  Gentlemen,  by  your  vote  you  have 
adopted  Art,  20  as  a  part  of  the  constitution  of  the  state  ot 
Wyoming-.  Final  reading  of  Art.  21.  Are  there  any  amend- 
ments ? 

Mr.  COFFEEN.  I  hope  I  may  interrupt  a  moment  while 
I  call  attention  to  one  or  two  things  of  importance  to  us.  Sec. 
6  provides  that  "said  election  shall  be  conducted  in  the  same 
manner  as  provided  by  the  laws  of  the  territory  for  general 
elections."  I  anticipate  that  it  wrill  be  difficult  to  get  some 
county  boards  to  proceed  and  carry  forward  this  election  as 
prescribed  by  law.  I  think  we  ought  to  have  a  saving  clause 
in  there  that  we  may  not  jeopardize  the  representation  of  the 
views  of  the  people  in  some  of  the  counties.  I  have  one  county 
in  mind  particularly,  and  by  inserting  the  words,  "as  nearly  as 
nuiy  foe",  would  reach  this.  We  may  not  be  able  to  get  our/ 
board  of  county  commissioners  to  call  an  election,  and  if  not 
we  will  have  to  use  our  own  individual  efforts  as  nearly  as  may 
be  according  to  law  in  case  the  county  commissioners  are  not 
willing  to  do  anything.  I  should  be  very  glad  to  hear  some 
suggestions  on  this  point. 

Mr.  ELLIOTT.  I  would  like  to  have  a  little  information 
upon  that  subject  myself.  I  understand  that  two  county  at- 
torneys have  already  given  their  written  opinions  to  the  county 
commissioners  that  the  county  cannot  lawfully  call  an  elec- 
tion under  this  constitution,  and  expend  public  money  there- 
for. I  occupy  the  position  at  the  prelsent  time  of  county  at- 
torney of  Johnson  county,  and  I  would  ask  the  legal  gentlemen 
of  this  convention  to  tell  me  in  what  way  I,  as  an  officer  of  the 
county  of  Johnson,  can  legally  advise  my  board  of  county  com- 
missioners that  they  would  ,be  authorized  in  expending  public 
money  for  the  calling  of  an  election  of  this  land.  If  it  is  not 
called  by  the  county  commissioners  and  is  not  legally  conduct- 
ed, we  are  not  going  to  have  a  ratification  of  this  constitu- 
tion that  will  be  of  any  benefit  to  us  at  all.  It  is  a  matter  that 
has  bothered  me  a  good  deal,  in  regard  to  the  authorizing  of 
this  electionT 

Mr.  BROWN.  Does  the  gentleman  from  Sheridan,  or  any 
one  else,  propose  any  amendment  to  this  section  of  the  article? 


862  CONSTITUTIONAL  CONVENTION. 

/ 

Mr.  COFFEEX.  If  no  one  else  has  anything  to  suggest  I 
move  to  insert  after  the  word  "election"  the  words  "as  nearly 
as  may  be."' 

Mr.  PRESIDEXT.  Gentlemen,  you  have  heard  the  amend- 
ment. Are  you  ready  for  the  question?  All  in  favor  of  the 
amendment  will  say  aye;  contrary  no.  The  ayes  have  it;  the 
section  is  so  amended.  It  is  the  opinion  of  your  chairman, 
gentlemen,  that  our  territorial  legislature  will  at  the  earliest 
moment  possible  provide  for  the  payment  of  these  election  ex- 
penses in  the  election  appointed  by  this  convention  to  pass 
upon  this  constitution.  I  myself  have  not  got  so  poor  an  opin- 
ion of  our  legislature  to  think  that  they  would  hesitate  for  a 
moment  over  the  payment  of  the  expenses  of  this  election. 
The  question  is  on  the  adoption  of  Art.  21.  Are  you  ready  for 
the  question?  So  many  as  are  of  the  opinion  that  Art.  21  be 
adopted  as  a  part  of  the  constitution  will  say  aye;  contrary  no. 
The  clerk  will  call,  the  roll. 

'(Roll  call.)  H 

Gentlemen,  your  vote  on  Art.  21  is  as  follows:  Ayes,  31: 

noes,  none;  absent,  18.    By  your  vote  you  have  adopted  Art. 

21  as  a  part  of  the  constitution  of  Wyoming.    Ordinances.    Are 

there  any  amendments? 

Mr.  TESCHEMACHER.  I  have  no  amendments  to  make, 
but  only  wish  to  make  an  inquiry.  We  have  not  specially 
mentioned  the  Yellowstone  Park  or  the  military  reservations 
owned  by  the  United  States,  although  we  have  disclaimed  all 
right  to  the  unappropriated  public  lands,  and  I  wish  to  know 
whether  in  doing  that  we  have  done  all  that  is  necessary. 

Mr.  RIXER.  It  seems  to  me  that  it  would  be  proper  to  add 
after  the  words  "unappropriated  public  lands,"  "and  all  lands 
and  places  over  which  the  United  States  has  exclusive  control" 
so  as  .to  reach  all  of  these  military  posts  and  other  reserva- 
tions. 

Mr.  POTTER.  They  are  not  specially  mentioned  in  Mon- 
tana. Montana  has  a  part  of  the  Yellowstone  Park'  and  that 
is  not  specially  mentioned  by  her.  This  is  in  the  language  of 
the  senate  bill  requiring  the  convention  to  declare  certain 
things,  and  it  seems  to  me  that  the  word  "unappropriated" 
takes  in  all  these  landk 

}Ir.  RIXER.  I  think  the  usual  provision  is  "all  lands  and 
places  over  which  the  United  States  has  exclusive  control." 
That  means  lands  withdrawn  from  sale  for  the  use  of  military 
posts,  reservations,  etc. 

Mr.  HOYT.  I  think  I  have  an  amendment  prepared  that 
will  be  better.  Insert  after  the  word  "lands"  in~Sec.  3  in  line 
four,  the  words  "such  places  and  areas  within  the  state  lim- 
its." 


PROCEEDINGS  AND  DEBATES.  863 

Mr.  POTTER.  That  will  make  the  territory  disclaim  all 
title  to  everything  in  the  territory.  That  is  exactly  the  lan- 
guage of  the  senate  bill,  and  it  seems  to  me  covers  the  question 
entirely. . 

Mr.  HOYT.    I  withdraw  my  proposition. 

Mr.  PRESIDENT.  The  question  is  on  the  adoption  of  the 
ordinances.  Are  you  ready  for  the  question?  All  who  are  of 
the  opinion  the  ordinances  as  read  be  adopted  will  say  aye  as 
their  names  are  called;  those  of  the  contrary  opinion  will  say 
no.  The  clerk  will  call  the  roll. 

(Roll  call.) 

Gentlemen,  your  vote  on  the  ordinance^  is  a,s  follows:  Ayes, 
31;  noes,  none;  absent,  18.  Gentlemen,  by  your  vote  the  ordi- 
nances are  adopted. 

Mr.  CAMPBELL.  I  would  like  to  have  my  vote  recorded 
on  the  preamble.  I  was  not  here  when  it  was  passed.  I  vote 
aye. 

Mr.  JOHNSTON.    I  ask  the  same  privilege.    I  vote  aye. 

Mr.  PRESIDENT.  How  soon  can  the  committee  on  enroll- 
ment report? 

Mr.  TESCHEMACHER,  The  committee  is  now  ready  to 
report.  They  have  the  Constitution  properly  enrolled  as 
amended.  The  committee  desire  to  return  thanks  to  the  as- 
sistant secretary  and  to  the  enrolling  clerks  for  the  great 
amount,  of  extra  work  they  have  done,  enabling  us  to  com- 
plete our  labors  at  such  an  efarly  time. 

Mr.  PRESIDENT.  The  constitution  having  been  reported, 
by  the  committee  on  enrollment  as  correctly  enrolled,  and  hav- 
ing been  finally  read  at  length,  the  question  now  arises  upon 
its  adoption  as  a  whole.  Are  you  ready  for  the  question?  All 
who  are  of  the  opinion  that  the  constitution  as  a  whole  be 
adopted  will  say  aye  as  their  names  are  called;  those  of  the 
contrary  opinion  will  say  no.  The  clerk  will  call  the  roll. 

(Roll  call.) 

Gentlemen,  your  vote  on  the  adoption  of  the  constitution 
is  as  follows:  Ayes,  37;  noes,  none;  absent,  12.  Gentlemen,  by 
your  vote  you  have  adopted  the  constitution  of  the  state  of 
Wyoming. 

Mr.  CLARK.  I  desire  to  offer  a  resolution  and  move  its 
adoption.  "Resolved  that  the  goveirnor  of  this  territory  be 
requested  to  issue  a  proclamation  calling  a  special  election  for 
the  adoption  or  ratification  of  this  constitution,  to  occur  at 
the  time  in  said  prpclamation  mentioned." 

Mr.  PRESIDENT.  Gentlemen,  the  question  is  on  the  res- 
olution as  offered  by  the  gentleman  from  Uinta  Mr.  Clark.  Are 
you  ready  for  the  question?  All  in  favor  of  the  motion  will  say 
aye;  contrary  no.  The  ayes  have  it;  the  resolution  stands 
adopted. 


864  CONSTITUTIONAL  CONVENTION, 

Mr.  HAY.  I  move  that  the  signing  of  the  constitution  be 
now  commenced,  and  that  the  secretary  of  the  convention  call 
the  roll,  an3  as  each  members  name  is  called  he  sign  the  con- 
stitution. 

Mr.  PRESIDENT.  Gentlemen,  you  have  heard  the  motion. 
Are  you  ready  for  the  question?  All  in  favor  of  the  motion 
will  say  aye;  contrary  no.  The  ayes  have  it;  the  motion  pre- 
vails. The  secretary  will  call  the  roll,  and  as  their  names  are 
called  the  members  will  step  forward  and  sign  the.  constitu- 
tion. 

(Signing  of  the  constitution.) 

Mr.  COFFEEN.  Had  we  better  riot  have  the  journal  of  to- 
day's proceedings  read,  that  we  may  pass  upon  that. 

Mr.  PRESIDENT.  The  secretary  will  read  the  journal  for 
today.  Gentlemen,  you  have  heard  the  reading  of  the  journal. 
Are  there  any  amendments?  The  chair  hears  none.  The 
journal  stands  approved. 

Mr.  RINER.  I  have  been  unanimously  selected  to  make  the 
final  motion  to  adjourn.  I  move  that  this  convention  do  now 
adjourn  subject  to  the  call  of  the  president. 

Mr.  PRESIDENT.  Before  putting  that  motion  I  desire 
to  again  thank  you  for  your  uniform  courtesy  to  the  chair,  for 
your  great  industry,  and  for  the  many  favors  you  have  be- 
stowed upon  me  as  your  presiding  officer.  I  shall  always  re- 
member your  kindly  conduct  towards  me  as  one  of  the  best 
recollections  of  my  life.  The  question  is  on  the  motion  to  ad- 
journ. Are  you  ready  for  the  question?  All  in  favor  of  the 
motion  will  say  aye;  contrary  up.  The  ayes  have  it;  the  con- 
vention will  now  adjourn  subject  to  the  call  of  the  president. 


CONTENTS. 


ARTICLE.  PAGE. 

I     Declaration  of  Rights 5 

II     Distribution  of  Powers 9 

III  Legislative   Department 9 

IV  Executive  Department 18 

V     Judicial  Department 22 

VI     Suffrage ' 27 

VII     -Education  ....'.... 30 

VIII     Irrigation  and  Water  Rights 35 

IX      Mines  and  Mining • 36 

X     Corporations 37 

XI     Boundaries 4° 

XII*     County  Organization « 4° 

XIII  Municipal  Corporations 41 

XIV  Salaries 42 

XV     Taxation  and   Revenue 44 

XVI     Public  Indebtedness 46 

XVII     State  Militia 4s 

XVIII     Public  Lands  and  Donations 4^ 

XIX     Miscellaneous 5° 

XX     Amendment 52 

XXI     Schedule.                                            , 53 


CONSTITUTION 


-OF- 


THB  STATE  OF 


PREAMBLE. 

We,  the  people  of  the  State  of  Wyoming,  grateful  to  God 
for  our  civil,  political  and  religious  liberties,  and  desiring  to 
secure  them  to  ourselves  and  perpetuate  them  to  our  posterity, 
do  ordain  and  establish  this  constitution. 


ARTICLE  No.  1. 
DECLARATION  OF  RIGHTS. 

Section  1.  All  power  is  inherent  in  the  people,  and  all 
free  governments  are  founded  on  their  authority,  and  instituted 
for  their  peace,  safety  and  happiness;  for  the  advancement  of 
these  ends  they  have  at  all  times  an  inalienable  and  indefeasi- 
ble right  to  alter,  reform  or  abolish  the  government  in  such 
manner  as  they  may  think  proper. 

Sec.  2.  In  their  inherent  right  to  life,  liberty  and  the  pur- 
suit of  happiness,  all  members  of  the  human  race  are  equal. 

-  Sec.  3.  Since  equality  in  the  enjoyment  of  natural  and 
civil  rights  is  made  sure  only  through  political  equality,  the 
laws  of  this  State  affecting  the  political  rights  and  privileges 


6  CONSTITUTION. 

of  its  citizens  shall  be  without  distinction  of  race,  color,  sexr 
or  any  circumstance  or  condition  whatsoever  other  than  indi- 
vidual incompetency,  or  unworthiness  duly  ascertained  by  a 
court  of  competent  jurisdiction. 

Sec.  4.  The  right  of  the  people  to  be  secure  in  their  persons, 
houses,  papers  and  effects  against  unreasonable  searches  and 
seizures  shall  not  be  violated,  and  no  warrant  shall  issue  but 
upon  probable  cause,  supported  by  affidavit,  particularly  de- 
scribing the  place  to  be  searched  or  the  person  or  thing  to  be 
seized. 

Sec.  5.  No  person  shall  be  imprisoned  for  debt  except  in 
cases  of  fraud. 

Sec.  6.  No  person  shall  be  deprived  of  life,  liberty  or  prop- 
erty without  due  process  of  law. 

Sec.  7.  Absolute,  arbitrary  power  over  the  lives,  liberty 
and  property  of  freemen  exists  nowhere  in  a  republic,  not  even 
in  the  largest  majority. 

Sec.  8,  All  courts  shall  be  open  and  every  person  for'  an 
injury  done  to  person,  reputation  or  property  shall  have  justice 
administered  without  sale,  denial  or  delay.  Suits  may  b£ 
brought  against  the  State  in  such  manner  and  in  such  courts 
as  the  legislature  may  by  law  direct. 

Sec.  9.  ,The  right  of  trial  by  jury  shall  remain  inviolate 
in  ariminal  cases*,  but  a  jury  in  civil  cases  in  all  courts,  or  in 
criminal  cases  in  courts  not  of  record,  may  consist  of  less  than 
twelve  men,  as  may  be  prescribed  by  law.  Hereafter  a  grand 
jury  may  consist  of  twelve  mem,  any  nine  of  whom  concurring 
may  find  an  indictment,  but  the  legislature  may  change,  regu- 
late or  abolish  the  grand  jury  system. 

Sec.  10.  In  all  criminal  prosecutions  the  accused  shall  have 
the  right  to  defend  in  person  and  by  counsel,  to  demand  the 
nature  and  cause  of  the  accusation,  to  have  a  copy  thereof,  to 
be  confronted  with  the  witnessed  against  him,  to  have  com- 
pulsory process  served  for  obtaining  witnesses,  and  to  a  speedy 
trial  by  an  impartial  jury  of  the  county  or  district  in  which 
the  offense  is  alleged  to  have  been  committed. 

Sec.  11.  No  person  shall  be  compelled  to  testify  against 
himself  in  any  criminal  case,  nor  shall  any  person  be  twice 
put  in  jeopardy  for  the  same  offense.  If  the  jury  disagree,  or 
if  the  judgment  be  arrested  after  a  verdict,  or  if  the  judgment 
be  reversed  for  error  in  law,  the  accused  shall  not  be  deemed 
to  have  been  in  jeopardy. 


CONSTITUTION.  7 

Sec.  12.  No  person  shall  be  detained  as  a  witness  in  any 
criminal  prosecution  longer  than  may  be  necessary  to  take 
his  testimony  or  deposition,  nor  be  confined  in  any  room  where 
criminals  are  imprisoned. 

Sec.  13.  Until  otherwise  provided  by  law,  no  person  shall, 
for  a  felony,  be  proceeded  against  criminally,  othewise  than 
by  indictment,  except  in  cases  arising  in  the  land  or  naval 
forces,  or  in  the  militia  when  in  actual  service  in  time  of  war 
or  public  danger. 

Sec.  14.  All  persons  shall  be  bailable  by  sufficient  sureties, 
except  for  capital  offenses  when  the  proof  is  evident  or  the 
presumption  great.  Excessive  bail  shall  not  be  required  nor 
excessive  fines  imposed,  nor  shall  cruel  or  unusual  punishment 
be  inflicted. 

Sec,  15.  The  penal  code  shall  be  framed  on  the  humane 
principles  of  reformation  and  prevention. 

Sec.  16.  No  person  arrested  and  confied  in  jail  shall  be 
treated  with  unnecessary  rigor.  The  erection  of  safe  and  com- 
fortable prisons,  and  inspection  of  prisons,  and  the  humane 
treatment  of  prisoners  shall  be  provided  for. 

Sec.  17.  The  privilege  of  the  writ  of  habeas  corpus  shall 
not  be  suspended  unless,  when  in  case  of  rebellion  or  invasion, 
the  public  safety  may  require  it. 

Sec.  18.  The  free  exercise  and  enjoyment  of  religious  pro- 
fession and  worship  without  discrimination  or  preference  shall 
be  forever  guaranteed  in  this  state,  and  no  person  shall  be 
rendered  incompetent  to  hold  any  office  of  trust  or  profit,  or 
to  serve  as  a  witness  or  juror,  because  of  his  opinion  on  any 
matter  of  religious  belief  whatever;  but  the  liberty  of  conscience 
hereby  secured  shall  not  be  so  construed  as  to  excuse  acts  of 
licentiousness  or  justify  practices  inconsistent  with  the  peace 
or  safety  of  the  state. 

Sec.  19.  No  money  of  the  state-  shall  ever  be  given  or 
appropriated  to  any  sectarian  or  religious  society  or  institu- 
tion. 

Sec.  20.  Every  person  may  freely  speak,  write  and  publish 
on  all  subjects,  being  responsible  for  the  abuse  of  that  right; 
and  in  all  trials  for  libel,  both  civil  and  criminal,  tfie  trut  hwhen 
published  with  good  intent  and  for  justifiable  ends  shall  be  a  suf- 
ficient defense,  the  jury  having  the  right  to  determine  the  facts 
and  the  law,  under  direction  of  the  court. 


g  CONSTITUTION.  : 

Sec.  21.  The  right  of  petition,  and  of  the  people  peaceably 
to  assemble  to  consult  for  the  common  good,  and  to  make 
known  their  opinions,  shall  never  be  denied  or  abridged. 

Sec.  22.  The  rights  of  labor  shall  have  just  protection 
through  laws  calculated  to  secure  to  the  laborer  proper  rewards 
for  his  service  and  to  promote  the  industrial  welfare  of  the 
State. 

Sec.  23.  The  right  of  citizens  to  opportunities  for  educa- 
tion should  have  practical  recognition.  The  legislature  .shall 
suitably  encourage  means  and  agencies  calculated  to  advance 
the  sciences  and  liberal  arts. 

Sec.  24.  The  right  of  citizens  to  bear  arms  in  defense  of 
themselves  and  of  the  State  shall  not  be  denied. 

Sec.  25.  The  military  shall  ever  be  in  strict  subordination 
to  the  civil  powers.  No  soldier  in  time  of  peace  shall  be  quart- 
ered in  any  house  without  consent  of  the  owner,  nor  in  time 
of  war  except  in  the  manner  prescribed  by  law. 

Sec.  20.  Treason  against  the  State  shall  consist  only  in 
levying  wrar  against  it,  or  in  adhering  to  its  enemies,  or  in 
giving  them  aid  and  comfort.  No  person  shall  be  convicted 
of  trason  unless  on  the  testimony  of  two  witnesses  to  the  same 
overt  act,  or  on  confession  in  open  court;  nor  shall  any  per- 
son be  attainted  of  treason  by  the  legislature. 

See.  27.  Elections  shall  be  open,  free  and  equal,  and  no 
power,  civil  or  military,  shall  at  any  time  interfere  to  prevent 
an  untrammeled  exercise  of  the  right  of  suffrage. 

Sec.  28.  No  tax  shall  be  impoised  without  the  consent  of 
the  people  or  their  authorized  representatives.  All  taxation 
shall  be  epual  and  uniform. 

Sec.  29.  No  distiction  shall  ever  be  made  by  law^  between 
resident  aliens  and  citizens  as  to  the  possession,  taxation,  en- 
joyment and  descent  of  property. 

Sec.  30.  Perpetuities  and  monopolies  are  contrary  to  the 
genius  of  a  free  state,  and  shall  not  be  allowed.  Corporations 
being  creatures  of  the  State,  endowed  for  the  public  good  with 
a  portion  of  its  sovereign  powers,  must  be  subject  to  its  con- 
trol. 

Sec.  31.  Water  being  essential  to  industrial  prosperity,  of 
limited  amount,  and  easy  of  diversion  from  its  natural  chan- 
nels, its  control  must  be  in  the  State,  which,  in  providing  for 
its  use,  shall  equally  guard  all  the  various  interests  involved. 


CONSTITUTION.  9 

Sec.  32.  Private  property  shall  not  be  taken  for  private 
use  unless  by  consent  of  the  owner,  except  for  private  ways 
of  necessity,  and  for  reservoirs,  drains,  flumes,  or  ditches  on 
or  across  the  lands  of  others  for  agricultural,  mining,  milling, 
domestic  or  sanitary  purposes,  nor  in  any  case  without  due 
compensation. 

Sec.  33.  Private  property  shall  not  be  taken  or  damaged 
ior  public  or  private  use  without  just  compensation. 

Sec.  .-U.  All  laws  of  a  general  nature  shall  have  a  uniform 
operation. 

Sec.  35.  2so  ex  post  facto  law,  nor  any  law  impairing  the 
obligation  of  contracts,  shall  ever  be  made. 

Sec.  3G.  The  enumeration  in  this  constitution  of  certain 
rights  shall  not  be  construed  to  deny,  impair,  or  disparage 
others  retained  by  the  people. 

Sec.  37.  The  State  of  Wyoming  is  an  inseparable  part  of 
the  Federal  Union,  and  the  Constitution  of  the  United  States 
is  the  supreme  law  of  the  land. 


ARTICLE  No.  I|L 

DISTRIBUTION  OF  POWERS. 

Section  1.  The  powers  of  the  government  of  this  state  are 
divided  into  three  distinct  departments:  the  legislative,  execu- 
tive and  judicial,  and  no  person  or  collection  of  persons  charged 
with  the  exercise  of  powers  properly  belonging  to  one  of  these 
departments  shall  exercise  any  powers  properly  belonging  to 
either  of  the  others,  except  as  in  this  constitution  expressly 
directed  or  permitted. 


ARTICLE  III. 
LEGISLATIVE  DEPARTMENT. 

Section  1.  The  legislative  power  shall  be  vested  in  a  senate 
and  house  of  representatives,  which  shall  be  designated  "The 
Legislature  of  the  State  of  Wyoming." 


10  CONSTITUTION. 

Sec.  2.  Senators  shall  be  elected  for  the  term  of  four  (4> 
years  and  representatives  for  the  term  of  two  (2)  years.  The 
seators  elected  at  the  first  election  shall  be  divided  by  lot 
into  two  classes  as  nearly  equal  as  may  be.  The  seats  of  sen- 
tors  of  the  first  class  shall  be  vacated  at  the  expiration  of  the 
first  two  years,  and  of  the  second  class  at  the  expiration  of  four 
years.  No  person  shall  be  a  senator  who  has  not  attained  the 
age  of  twenty-five  years,  or  a  representative  who  has  not 
attained  the  age  of  twenty-one  years,  and  who  is  not  a  citizen 
of  the  United  States  and  of  this  State  and  who  has  not,  for  at 
least  twelve  months  next  preceding  his  election  resided  within 
the  county  or  district  in  which  he  W7as  elected. 

Sec.  3.  Each  county  shall  constitute  a  senatorial  and  rep- 
resentative district;  the  senate  and  house  of  representatives 
shall  be  composed  of  members  elected  by  the  legal  voters  of 
the  counties  respectively,  every  two  (2)  years.  They  shall  be 
apportioned  among  the  said  counties  as  nearly  as  may  be  ac- 
cording to  the  number  of  their  inhabitants.  Each  county  shall 
have  at  least  one  senator  and  one  representative;  but  at  no 
time  shall  the  number  of  members  of  the  house  of  representa- 
tives be  less  than  twice  nor  greater  than  three  times  the  num- 
ber of  members  of  the  senate.  The  senate  and  house  of  repre- 
sentatives first  elected  in  pursuance  of  this  constitution  shall 
consist  of  sixteen  and  thirty-three  members  respectively. 

Sec.  4.  When  vacancies  occur  in  either  house  by  death, 
resignation  or  otherwise,  such  vacancy  shall  be  filled  for  the 
remainder  of  the  term  by  special  election,  to  be  called  in  such 
manner  as  may  be  prescribed  by  law. 

Sec.  5.  Members  of  the  senate  and  house  of  representa- 
tives shall  be  elected  on  the  day  provided  by  law  for  the  general 
election  of  a  member  of  congress,  and  their  term  of  office  shall 
begin  on  the  first  Monday  of  January  thereafter. 

Sec.  6.  Each  member  of  the  first  legislature,  as  a  compen- 
sation for  his  services,  shall  receive  five  dollars  for  each  day's 
attendance,  and  fifteen  cents  for  each  mile  traveled  in  going 
to  and  returning  from  the  seat  of  government  to  his  residence 
by  the  usual  traveled  route,  and  shall  receive  no  other  compen- 
sation, perquisite  or  allowance  whatever.  No  session  of  the 
legislature  after  the  first,  which  may  be  sixty  days,  shall  exceed' 
forty  days.  After  the  first  session  the  compensation  of  the- 


CONSTITUTION.  1 1 

members  of  the  legislature  shall  be  provided  by  law ;  but  no  leg- 
islature shall  fix  its  own  compensation. 

Sec.  7.  The  legislature  shall  meet  at  the  seat  of  govern- 
ment at  twelve  o'clock,  noon,  on  the  second  Tuesday  of  Janu- 
ary next  succeeding  the  general  election  provided  by  law,  and  at 
twelve  o'clock,  noon,  on  the  second  Tuesday  of  Janu- 
ary of  each  alternate  year  thereafter,  and  at  other  times  when 
convened  by  the  governor. 

Sec.  8.  No  senator  or  representative  shall,  during  the  term 
for  which  he  was  elected,  be  appointed  to  any  civil  office  under 
the  State,  and  no  member  of  congress  or  other  person  holding 
an  office  (except  that  of  notary  public  or  an  office  in  the  militia) 
under  the  United  States  or  this  State,  shall  be  a  member  of 
either  house  during  his  continuance  in  office. 

Sec.  9.  No  member  of  either  house  shall,  during  the  term 
for  which  he  was  elected,  receive  any  increase  of  salary  or  mile- 
age under  any  law  passed  during  that  term. 

Sec.  10.  ,  The  senate  shall,  at  the  beginning  and  close  of 
each  regular  session  and  at  such  other  times  as  may  be  neces- 
sary, elect  one  of  its  members  president;  the  house  of  repre- 
sentatives shall  elect  one  of  its  members  speaker;  each  house 
shall  choose  its  own  officers,  and  shall  judge  of  the  election 
returns  and  qualifications  of  its  members. 

Sec.  11.  A  majority  of  eaoh  house  shall  constitute  a  quo- 
rum to  do  business,  but  a  smaller  number  may  adjourn  from 
day  to  day,  and  compel  the  attendance  of  absent  members  in 
such  manner  and  under  such  penalties  as  each  house  may  pre- 
scribe. 

Sec.  12.  Each  house  shall  have  power  to  determine  the 
rules  of  its  proceedings,  and  to  punish  its  members  or  other 
persons  for  contempt  or  disorderly  behavior  in  its  presence; 
to  protect  its  members  against  violence  of  oifers  of  bribes  or 
private  solicitation,  and  with  the  concurrence  of  two-thirds,  to 
expel  a  member,  and  shall  have  all  other  powers  necessary  to 
the  Legislature  of  a  free  state.  A  member  expelled  for  corrup- 
tion shall  not  thereafter  be  eligible  to  either  house  of  the  Leg- 
islature, and  punishment  for  contempt  or  disorderly  behavior 
shall  not  bar  a  criminal  prosecution  for  the  same  offense. 

Sec.  13.  Each  house  shall  keep  a  journal  of  its  proceedings 
and  may,  in  its  discretion,  from  time  to  time,  publish  the  same, 
except  such  parts  as  require  secrecy,  and  the  yeas  and  nays 


!  2  CONSTITUTION. 

on  any  question,  shall,  at  the  request  of  two  members,  be  ent- 
ered on  the  journal. 

Sec.  14.  The  sessions  of  each  house  and  of  the  committee 
of  the  whole  shall  be  open  unless  the  business  is  such  as  re*- 
quires  secrecy. 

Sec.  15.  Neither  house  shall,  without  the  consent  of  the 
other,  adjourn  for  more  than  three  days,  nor  to  any  other  place 
than  that  in  which'  the  two  houses  shall  be  sitting. 

Sec.  16.  The  members  of  the  legislature  shall,  in  all  cases, 
except  treason,  felony,  violation  of  their  oath  of  office  and 
breach  of  the  peace,  be  privileged  from  arrest  during  their  at- 
tendance at  the  sessions  of  their  respective  houses,  and  in 
going  to  and  returning  from  the  same;  and  for  any  speech  or 
debate  in  either  house  they  shall  not  be  questioned  in  any 
other  place. 

Sec.  17.  The  sole  power  of  impeachment  shall  vest  in  the 
house  of  representatives;  the  concurrence  of  a  majority  of  all 
the  members  being  necessary  to  the  exercise  thereof.  Im- 
peachment shall  be  tried  by  the  senate  sitting  for  that  pur- 
pose, and  the  senators  shall  be  upon  oath  or  affirmation  to  do 
JTistice  according  to  law  and  evidence.  When  the  governor  is 
on  trial  the  chief  justice  of  the  supreme  court  shall  preside. 
Ko  person  shall  be  convicted  without  a  concurrence  of  two- 
thirds  of  the  senators  elected. 

> 

Sec.  18.  The  governor  and  other  state  and  judicial  officers 
except  justices  of  the  peace,  shall  be  liable  to  impeachment 
for  high  crimes  and  misdemeanors,  or  malfeasance  in  office, 
but  judgment  in  such  cases  shall  only  extend  to  removal  from 
office  and  disqualification  to  hold  any  office  of  honor,  trust  or 
profit  under  the  laws  of  the  State.  The  party,  whether  con- 
victed or  acquitted,  shall,  nevertheless,  be  liable  to  prosecution, 
trial,  judgment  and  punishment  according  to  law. 

Sec.  10.  All  officers  not  liable  to  impeachment  shall  be 
subject  to  removal  for  misconduct  or  malfeasance  in  office,  in 
such  manner  as  may  be  provided  by  law. 

Sec.20.  Xo  law  shall  be  passed  except  by  bill,  and  no  bill 
shall  be  so  altered  or  amended  on  its  passage  through  either 
house  as  to  change  its  original- purpose. 

Sec.  21.  The  enacting  clause  of  every  law  shall  be  as  fol- 
lows: "Be  it  Enacted  by  the  Legislature  of  the  State  of  Wyo- 
ming." 


CONSTITUTION.  !3 

Sec.  22.  No  bill  for  the  appropriation  of  meney,  except 
for  the  expenses  of  the  government,  shall  be  introduced  within 
five  (5)  days  of  the  close  of  the  session,  except  by  unanimous 
consent  of  the  house  in  which  it  is  sought  to  be  introduced. 

Sec.  23.  No  bill  shall  be  considered  or  become  a  law  unless 
referred  to  a  committee,  returned  therefrom  and  printed  for 
the  use  of  the  members. 

Sec.  24.  No  bill,  except  general  appropriation  bills  and 
bills  for  the  codification  and  general  revision  of  the  laws,  shall 
be  passed  containing  more  than  one  subject,  which  shall  be* 
clearly  expressed  in  its.  title;  but  if  any  subject  is  embraced  in 
any  act  which  is  not  expressed  in  the  title,  such  act  shall  be  void 
only  as  to  so  much  thereof  as  shall  not  be  so  expressed. 

Sec.  25.  No  bill  shall  become  a  law,  except  by  a  vote  of  a 
majority  of  all  the  members  elected  to  each  house,  nor  unless 
on  its  final  passage  the  vote  taken  by  ayes  and  noes,  and  the 
names  of  those  voting  bo  entered  on  the  journal. 

Sec.  26.  No  law  shall  be  revised  or  amended,  or  the  pro- 
visions thereof  extended  by  reference  to  its  title  only,  but  so 
much  thereof  as  is  revised,  amended  or  extended,  shall  be  re- 
enacted  and  published  at  length. 

Sec.  27.  The  legislature  shall  not  pass  local  or  special  laws, 
in  any  of  the  following  enumerated  cases,  that  is  to  say:  For 
granting  divorces;  laying  out,  opening,  altering  or  working 
roads  or  highways;  vacating  roads,  towrn  plats,  streets,  alleys 
or  public  grounds;  locating  or  changing  county  seats;  regulat- 
ing county  or  township  affairs;  incorporation  of  cities,  towns 
or  villages ;  or  changing  or  amending  the  charters  of  any  cities. 
towns  or  villages;  regulating  the  practice  in  courts  of  justice;; 
regulating  the  jurisdiction  and  duties  of  justices  of  the  peace,, 
police  magistrates  or  constables;  changing  the  rules  of  evi- 
dence in.  any  trial  or  inquiry;  providing  for  changes  of  venue 
in  civil  or  criminal  cases;  declaring  any  person  of  age;  for  limi- 
tation of  civil  actions;  giving  effect  to  any  informal  or  invalid 
deeds;  summoning  or  impaneling  grand  or  petit  juries;  pro- 
viding for  the  management  of  common  schools;  regulating  the 
rate  of  interest  on  money;  the  opening  or  conducting  of  any 
election  or  designating  the  place  of  voting;  the  sale  or  mort- 
gage of  real  estate  belonging  to  minors  or  others  under  disa- 
bility; chartering  or  licensing  ferries  or  bridge  or  itoll  roads; 
chartering  banks,  insurance  companies  and  loan  and  trust  com- 
panies; remitting  fines,  penalties  or  forfeitures;  creating,  in- 


I4  CONSTITUTION. 

creasing  or  decreasing  fees,  percentages  or  allowances  of  pub- 
lic officers;  changing  the  law  of  descent;  granting  to  any  cor- 
poration, association  or  individual,  the  right  to  lav  down  rail- 
road tracks  or  any  exclusive  or  special  privileges,  immu- 
nity or  franchise  whatever,  or  amending  existing  charter  for 
such  purpose;  for  punishment  of  crimes;  changing  the  names 
of  persons  or  places;  for  the  assessment  or  collection  of  taxes; 
affecting  estates  of  deceased  persons,  minors  or  others  under 
legal  disabilities;  extending  the  time  for  tho  collection  of 
taxes;  refunding  money  paid  into  the  state  treasury;  relin- 
quishing or  extinguishing,  in  whole  or  in  part,  the  indebtedness, 
liabilities  or  obligations  of  any  corporation  or  person  to  this 
State  or  to  any  municipal  corporation  therein ;  exempting  prop- 
erty from  taxation;  restoring  to  citizenship  persons  convicted 
of  infamous  crimes;  authorizing  the  creation,  extension  or  im- 
pairing of  liens;  creating  offices  or  prescribing  the  powers  or" 
duties  of  officers  in  counties,  cities,  townships  or  school  dis- 
tricts; or  authorizing  the  adoption  or  legitimation  of  children. 
In  all  cases  where  a  general  law  can  be  made  applicable  no 
special  law  shall  be  enacted. 

Sec.  28.  The  presiding  officer  of  each  house  shall,  in  the 
presence  of  the  house  over  which  he  presides,  sign  all  bills  and 
joint  resolutions  passed  by  the  legislature  immediately  after 
their  titles  have  been  publicly  read,  and  the  fact  of  signing 
shall  be  at  once  entered  upon  the  journal. 

Sec.  29.  The  legislature  shall  prescribe  by  law  the  number, 
duties  and  compensation  of  the  officers  and  employes  of  each 
house,  and  no  payment  shall  be  made  from  the  state  treasury, 
or  be  in  any  way  authorized  to  any  such  person  except  to  an 
acting  officer  or  employe  elected  or  appointed  in  pursuance  of 
law. 

Sec.  30.  No  bill  shall  be  passed  giving  any  extra  compensa- 
tion to  any  public  officer,  servant  or  employe,  agent  or  contrac- 
tor, after  services  are  rendered  or  contract  made. 

Sec.  31.  All  stationery,  printing,  paper,  fuel  and  lights 
used  in  the  legislature  and  other  departments  of  government, 
shall  ]be  furnished  and  the  printing  and  binding  of  the  laws,  jour- 
nals and  department  reports  and  other  printing  and  binding, 
and  the  repairing  and  furnishing  of  the  halls  and  rooms 
used  for  the  meeting  of  the  legislature  and  its  committees  shall 
oe  performed  under  contract,  to  be  given  to  the  lowest  respon- 


CONSTITUTION.  !5 

«ible  bidder,  below  such  maximum  price  and  under  such  regula- 
tions as  may  be  prescribed  by  law.  No  member  or  officer  of  any 
department  of  the  government  shall  be  in  any  way  interested 
in  any  such  contract;  and  all  such  contracts  shall  be  subject  to 
the  approval  of  the  governor  and  state  treasurer. 

Sec.  32.  Except  as  othewise  provided  in  this  constitution, 
no  law  shall  extend  the  term  of  any  public  officer  or  increase 
or  diminish  his  salary  or  emolument  after  his  election  or  ap- 
pointment ;  but  this  shall  not  be  construed  to  forbid  the  legis- 
lature from  fixing  the  salaries  or  emoluments  of  those  officers 
first  elected  or  appointed  under  this  constitution,  if  such  sala- 
ries or  emoluments  are  not  fixed  by  its  provisions. 

Sec.  33.  All  bills  for  raising  revenue  shall  originate  in  the 
house  of  representatives;  but  the  senate  may  propose  amend- 
ments, as  in  case  of  other  bills. 

Sec.  34.  The  general  appropriation  bills  shall  embrace 
nothing  but  appropriations  for  the  ordinary  expenses  of  the 
legislative,  executive  and  judicial  departments  of  the  State, 
interest  on  the  public  debt,  and  for  public  schools.  All  other 
appropriations  shall  be  made  by  separate  bills,  each  embracing 
but  one  subject. 

Sec.  35.  Except  for  interest  on  public  debt,  money  shall 
be  paid  out  of  the  treasury  only  on  appropriations  made  by  the 
legislature,  and  in  no  case  othewise  than  upon  warrant  drawn 
by  the  proper  officer  in  pursuance  of  law. 

Sec.  36.  No  appropriation  shall  be  made  for  charitable, 
industrial,  educational  or  benevolent  purposes  to  any  person, 
corporation  or  community  not  under  the  absolute  control  of 
the  State,  nor  to  any  denominational  or  sectarian  institution 
or  association. 

Sec.  37.  The  legislature  shall  not  delegate  to  any  special 
commissioner,  private  corporation  or  association,  any  power  to 
make,  supervise  or  interfere  with  any  municipal  improvements, 
moneys,  property  or  effects,  whether  held  in  trust  or  otherwise, 
to  levy  taxes,  or  to  perform  any  municipal  functions  what- 
ever. 

Sec.  38.  No  act  of  the  legislature  shall  authorize  the  invest- 
ment of  trust  funds  by  executors,  administrators,  guardians 
or  trustees,  in  the  bonds  or  stock  of  any  private  corporation. 

Sec.  39.  The  legislature  shall  have  no  power  to  pass  any 
law  authorizing  the  State  or  any  county  in  the  State  to  con- 


j6  CONSTITUTION. 

tract  any  debt  or  obligation  in  the  construction  of  any  railroad, 
or  give  or  loan  its  credit  to  or  in  aid  of  the  construction  of  the 
same. 

Sec.  40.  No  obligation  or  liability  of  any  person,  associa- 
tion or  corporation,  held  or  owned  by  the  State,  or  any  munic- 
ipal corporation  therein,  shall  ever  be  exchanged,  transferred, 
remitted,  released  or  postponed,  or  in  any  way  diminished  by 
the  legislature;  nor  shall  such  liability  or  obligation  be  ex- 
tinguished, except  by  the  payment  thereof  into  the  proper 
treasury. 

Sec.  41.  Every  order,  resolution  or  vote,  in  which  the  con- 
currence of  both  houses  may  be  necessary,  except  on  the  ques- 
tion of  adjournment,  or  relating  solely  to  the  transaction  of 
the  business  of  the  two  houses,  shall  be  presented  to  the  gov- 
ernor, and  before  it  shall  take  effect  be  approved  by  him,  or, 
being  disapproved,  be  repassed  by  two-thirds  of  both 
houses  as  prescribed  in  the  case  of  a  bill. 

Sec.  42.  If  any  person  elected  to  either  house  of  the  legig* 
lature  shall  offer  or  promise  to  give  his  vote  or  influence  in  fa- 
vor of  or  against  any  measure  or  proposition,  pending  or  to  be 
introduced  into  the  legislature,  in  consideration  or  upon  condi- 
tion that  any  other  person  elected  to  the  same  legislature  will 
give,  or  promise  or  assent  to  give  his  vote  or  influence  in  favor 
of  or  against  any  other  measure  or  proposition  pending  or  pro- 
posed to  be  introduced  into  such  legislature,  the  person  mak- 
ing such  offer  or  promise  shall  be  deemed  guilty  of  solicitation 
of  bribery.  If  any  member  of  the  legislature  will  give  his  vote 
or  influence  for  or  against  any  measure  or  proposition  pending 
or  to  be  introduced  in  such  legislature,  or  offer,  promise  or 
assent  thereto,  upon  condition  that  any  other  member  will 
give  or  will  promise  or  assent  to  give  his  vote  or  influence  in 
favor  of  or  against  any  such  measure  or  proposition  pending 
or  to  be  introduced  in  such  legislature,or  in  consideration  that 
any  other  member  has  given  his  vote  or  influence  for  or  against 
any  other  measure  or  proposition  in  such  legislature, 
he  shall  be  deemed  guilty  of  bribery,  and  any  mem- 
legislature,  he  shall  be  deemed  guilty  of  bribery,  and  any  mem- 
ber of  the  legislature  or  person  elected  thereto,  who  shall  be 
•guilty  of  either  of  such  offences,  shall  be  expelled  and  shall  not 
thereafter  be  eligible  to  the  legislature,  and  on  conviction 


CONSTITUTION.  ^ 

thereof  in  the  civil  courts  shall  be  liable  to  such  further  penalty 
as  may  be  prescribed  by  law. 

Sec.  43.  Any  person  who  shall  directly  or  indirectly  offer, 
give  or  promise  any  money  or  thing  of  value,  testimonial,  pri- 
vilege or  personal  advantage,  to  any  executive  or  judicial  offi- 
cer or  member  of  the  legislature,  to  influence  him  in  the  per- 
formance of  any  of  his  official  duties  shall  be  deemed  guilty  of 
bribery,  and  be  punished  in  such  manner  as  shall  be  provided 
by  law. 

Sec.  44.  Any  person  may.  be  compelled  to  testify  in  any 
lawful  investigation  or  judicial  proceeding  against  any  person 
who  may  be  charged  with  having  committed  the  offense  ot 
bribery  or  corrupt  solicitation,  or  practices  of  solicitation, 
and  shall  not  be  permitted  to  withold  his  testimony  upon  the 
ground  that  it  may  criminate  himself,  or  sul  ject  him  to  public 
infamy;  but  such  testimony  shall  not  afterwards  be  used 
against  him  in  any  judicial  proceeding,  except  for  perjury  in 
giving  such  testimony,  and  any  percon  convicted  of  either  of 
the  offense  aforesaid  shall,  as  part  of  the  punishment  there- 
for, be  disqualified  from  holding  any  office  or  position  of  honor,, 
trust  or  profit  in  this  state. 

Sec.  45.  The  offense  of  corrupt  solicitation  of  members 
of  the  legislature  or  of  public  officers  of  the  state,  or  of  any 
municipal  division  thereof,  and  the  occupation  or  practice  of 
solicitation  of  such  members  or  officers  to  influence  their  official 
action  shall  be  defined  by  law  and  shall  be  punishable  by  fine 
and  imprisonment. 

Sec.  46.  A  member  who  has  a  personal  or  private  interest 
in  any  measure  or  bill  proposed  or  pending  before  the  legisla- 
ture shall  disclose  the  fact  to  the  house  of  which  he  is  a  mem- 
ber, and  shall  not  vote  thereon. 

APPORTIONMENT. 

Section  1.  One  representative  in  the  congress  of  the  Unit- 
ed States  shall  be  elected  from  the  state  at  large,  the  Tuesday 
next  after  the  first  Monday  in  November,  1890,  and  thereafter 
at  such  times  and  places,  and  in  such  manner  as  may  be  pre- 
scribed by  law.  When  a  new  apportionment  shall  be  made  by 
congress,  the  legislature  shall  divide  the  state  into  congres- 
sional districts  accordingly. 
—  2 


X8  CONSTITUTION. 

See.  2.  The  legislature  shall  provide  by  law  for  an  enum- 
eration of  the  inhabitants  of  the  state  in  the  year  1895,  and 
every  tenth  year  thereafter,  and  at  the  session  next  following 
such  enumeration,  and  also  at  the  session  next  following  an 
enumeration  made  by  the  authority  of  the  United  States,  shall 
revise  and  adjust  the  apportionment  for  senators  and  repre- 
sentatives, on  a  basis  of  such  enumeration  according  to  ratios 
to  be  fixed  by  law. 

Sec.  3.  ^Representative  districts  may  be  altered  from  time 
to  time  as  public  convenience  may  require.  When  a  represen- 
tative district  shall  be  composed  of  two  or  more  counties,  they 
shall  be  contiguous  and  the  districts  as  compact  as  may  be.  No 
county  shall  be  divided  in  the  formation  of  representative  clis 
tricts. 

Sec.  4.  Until  an  apportionment  of  senators  and  representa- 
tives as  otherwise  provided  by  law,  they  shall  be  divided  among 
the  several  counties  of  the  state  in  the  following  manner : 

Albany  county,  two  senators  and  five  representatives. 

Carbon  county,  two  senators  and  five  representatives. 

Converse  county,  one  senator  and  three  representatives. 

Crook  county,  one  senator  and  two  representatives. 

Fremont  county,  one  senator  and  two  representatives. 

Laramie  county,  three  senators  and  six  representatives. 

Johnson  county,  one  senator  and  two  representatives. 

Sheridan  county,  one  senator  and  two  representatives. 

Sweetwater  county,  two  senators  and  three  representatives. 

Uinta  county,  two  senators  and  three  representatives. 


AKTICLE  No.  IV. 

EXECUTIVE  DEPARTMENT. 

Section  1.  The  executive  power  shall  be  vested  in  a  gov- 
ernor, who  shall  hold  his  office  for  the  term  of  four  (4)  years 
and  until  his  successor  is  elected  and  duly  qualified. 

Sec.  2.  No  person  shall  be  eligible  to  the  office  of  governor 
unless  he  be  a  citizen  of  the  United  States  and  a  qualified  elec- 
tor of  the  State,  who  has  attained  the  age  of  thirty  years,  and 


CONSTITUTION.  .  .  [9 

who  has  resided  five  years  next  preceding  the  election  within 
the  State  or  Territory,  nor  shall  he  be  eligible  to  any  other 
office  during  the  term  for  which  he  was  elected. 

Sec.  3.  The  governor  shall  be  elected  by  the  qualified  elec- 
tors of  the  State  at  the  time  and  place  of  choosing  members 
of  the  legislature.  The  person*  having  the  highest  number  of 
votes  for  governor  shall  be  declared  elected,  but  if  two  or  more 
shall  have  an  equal  and*  highest  number  of  votes  for  governor, 
the  two  houses  of  the  legislature  at  its  next  regular  session 
shall  forthwith,  by  joint  ballot,  choose  one  of  such  persons  for 
said  office.  The  returns  of  the  election  for  governor  shall  be 
made  in  such  manner  as  shall  be  prescribed  by  law. 

Sec.  4.  The  governor  shall  be  coniniander-in-chief  of  the 
military  forces  of  the  State,  except  when  they  are  called  into 
the  service  of  the  United  States,  and  may  call  out  the  same  to 
execute  the  lawrs,  suppress  insurrection  and  repel  invasion.  He 
shall  have  power  to  convene  the  legislature"  on  extraordinary 
occasions.  He  shall  at  the  commencement  of  each  session  com- 
municate to  the  legislature  by  message,  information  of  the  con- 
dition of  the  state,  and  recommend  such  measures  as  he  shall 
deem  expedient.  He  shall  transact  all  necessary  business  with 
the  officers  of  the  government,  civil  and  military.  He  shall  ex- 
pedite all  such  measures  as  may  be  resolved  upon  by  the  legis- 
lature and  shall  take  care  that  the  laws  be  faithfully  executed. 

Sec.  5.  The  governor  shall  have  power  to  remit  fines  and 
forfeitures,  to  grant  reprieves,  commutations  and  pardons  after 
conviction,  for  all  offenses  except  treason  and  cases  of  impeach- 
ment; but  the  legislature  may  by  law  regulate  the  manner  in 
which  the  remission  of  fines,  pardons,  commutations  and  re- 
prieves may  be  applied  for.  Upon  conviction  for  treason  he 
shall  have  power  to  suspend  the  execution  of  sentence  until 
the  case  is  reported  in  the  legislature  at  its  next  regular  ses 
sion,  when  the  legislature  shall  either  pardon,  .or  commute 
the  sentence,  direct  the  execution  of  the  sentence  or 
grant  further  reprieve.  He  shall  communicate  to  the  legisla- 
ture at  each  regular  session  each  case  of  remission  of  fine,  re- 
prieve, commutation  or  pardon  granted  by  him,  stating  the 
name  of  the  convict,  the  crime  for  which  he  was  convicted, 
the  sentence  and  its  date,  and  the  date  of  the  remission,  com- 
mutation, pardon  or  reprieve,  with  his  reasons  for  granting 
the  same. 


20  CONSTITUTION. 

/  Sec.  6.  If  the  governor  be  impeached,  displaced,  resign  or 
die,  or  from  mental  or  physical  disease  or  otherwise  become 
incapable  of  performing  the  duties  of  his  office  or  be  absent 
from  the  State,  the  secretary  of  state  shall  act  as  governor 
until  the  vacancy  is  filled  or  the  disability  removed. 

Sec.  7.  When  any  office  from  any  cause  becomes  vacant,, 
and  no  mode  is  provided  by  the  constitution  or  law  for  filling 
such  vacancy,  the  governor  shall  have  power  to  fill  the  same 
by  appointment. 

Sec.  8.  Every  bill  which  has  passed  the  legislature  shall, 
before  it  becomes  a  law7,  be  presented  to  the  governor.  (If  he 
approve,  he  shall  sign;. 'but  if  not,  he  shall  return  it  with  his 
objections  to  the  house  in  which  it  originated,  which  shall 
enter  the  objections  at  large  upon  the  journal  and  proceed  to 
reconsider  it.  If,  after  such  reconsideration  two-thirds  of  the 
members  elected  agree  to  pass  the  bill,  it  shall  be  sent,  to- 
gether with  the  objections,  to  the  other  house,  by  which  it 
will  likewise  be  reconsidered,  and  if  it  be  approved  by  two- 
thirds  of  the  members  elected,  it  shall  become  a  law;  but  in 
all  such  cases  the  vote  of  both  hpuses  shall  be  determined  by 
yeas  and  nays,  and  the  names  of  the  menibers  voting  for  and 
against  the  bill  shall  be  entered  upon  the  journal  of  each  house- 
respectively.  If  any  bill  is  not  returned  by  the  governor  within 
three  days  (Sundays  excepted)  after  its  presentation  to  him, 
the  same  shall  be  a  law,  unless  the  legislature  by  its  ad- 
journment, prevent  its  return,  in  which  case  it  shall  be  a  law, 
unless  he  shall  file  the  same  with  his  objections  in  the  office  of 
the  secretary  of  state  within  fifteen  days  after  such  adjourn- 
ment. 

Sec.  9.  The  governor  shall  have  power  to  disapprove  of  any 
item  or  items  or  part  or  parts  of  any  bill  making  appropria- 
tions of  money  or  property  embracing  distinct  items,  and  the 
part  or  parts  of  the  bill  approved  shall  be  the  law,  and  the 
item  or  items  and  part  or  parts  disapproved  shall  be  void  unless 
enacted  in  the  following  manner:  If  the  legislature  be  in  ses- 
sion he  shall  transmit  to  the  house  in  which  the  bill  originated 
a  copy  of  the  item  or  items  or  part  or  parts  thereof  disapproved^ 
together  with  his  objections  thereto,  and  The  items  or  parts 
objected  to  shall  be  separately  reconsidered,  and  each  item  or 
part  shall  then  take  the  same  course  as  is  prescribed  for  the- 
passage  of  bills  over  the  executive  veto. 


CONSTITUTION.  2 1 

Sec.  10.  Any  governor  of  this  State  who  asks,  receives  or 
agrees  to  receive  any  bribe  upon  any  understanding  that  his 
official  opinion,  judgment  or  action  shall  be  influenced  thereby, 
or  who  gives,  or  offers,  or  promises  his  official  influence  in  con- 
sideration that  any  member  of  the  legislature  shall  give  his  of- 
ficial vote  or  influence  on  any  particular  side  of  any  question 
or  matter  upon  which  he  is  required  to  act  in  his  official  capac- 
ity, or  who  menaces  any  member  by  the  threatened  use  of  his 
veto  power,  or  who  offers  or  promises  any  member  that  he,  the 
governor,  will  appoint  any  particular  person  or  persons  to  any  or- 

fice  created  or  thereafter  to  be  created  in  consideration  that  any 
member  shall  give  his  official  vote 'or  influence  on  any  matter 
pending  or  thereafter  to  be  introduced  into  either  house  of  said 
legislature;  or  who  threatens  any  member  that  he,  the  govern- 
or, will  remove  any  person  or  persons  from  office  or  position 
with  intent  in  any  manner  to  influence  the  action  of  said  mem- 
ber, shall  be  punished  in  the  manner  now  or  that  may  here- 
after be  provided  by  law,  and  upon  conviction  thereof  shall 
forfeit  all  right  to  hold  or  exercise  any  office  of  trust  or  honor 
in  this  State. 

Sec.  11.  There  shall  be  chosen  by  the  qualified  electors 
of  the  State  at  the  times  and  places  of  choosing  members  of 
the  legislature,  a  secretary  of  state,  auditor,  treasurer  and  su- 
perintendent of  public  instruction,  who  shall  have  attained  the 
age  of  twenty-five  years  respectively,  shall  be  citizens  of  the 
United  States,  and  shall  have  the  qualifications  of  state  elec- 
tors. They  shall  severally  hold  their  offices  at  the  seat  of 
government,  for  the  term  of  four  (4)  years  and  until  their  suc- 
cessors are  elected  and  duly  qualified,  but  no  person  shall  be 
eligible  for  the  office  of  treasurer  for  four  (4)  years  after  the 
expiration  of  the  term  for  which  he  was  elected.  The  legisla- 
ture may  provide  for  such  other  state  officers  as  are  deemed 
necessary. 

Sec.  12.  The  powers  and  duties  of  the  secretary  of  state, 
of  state  auditor,  treasurer  and  superintendent  of  public  instruc- 
tion shall  be  as  prescribed  by  lawr. 

Sec.  13.  Fntil  otherwise  provided  by  law,  the  governor 
shall  receive  an  annual  salary  of  two  thousand  five  lumdred 
dollars,  the  secretary  of  state,  state  auditor,  state  treasurer  and 
superintendent  of  public  instriictian  shall  c-ach  receive  an  annual 

salary  of  t\vo  thousand  dollars  and  the  salaries  of  any  of  said  of- 


22  CONSTITUTION. 

fleers  shall  not  be  increased  or  diminished  during  the  period  for 
which  they  were  elected,  and  all  fees  and  pro-fits  arising  from 
any  of  the  said  offices  shall  be  covered  into  the  state  treasury. 
•  Sec.  14.  The  legislature  shall  provide  for  a  state  examiner, 
who  shall  be  appointed  by  the  governor  and  confirmed  by  the 
senate.  His  duty  shall  be  to  examine  t'-c  accounts  of  state 
treasurer,  supreme  court  clerks,  district  court  clerks,  and  all 
county  treasurers,  and  treasurers  of  such  other  public  institu- 
tions as  the  law  may  require,  and  shall  perform  such  other  duties 
as  the  legislature  may  prescribe.  He  shall  report  at  least  once  «i 
year,  and  oftener  if  required,  to  such  officers  as  are  designated 
by  the  legislature.  His  compensation  shall  be  fixed  by  law. 

Sec.  15.  There  shall  be  a  seal  of  State,  which  shall  be 
called  the  "Great  Seal  of  the  State  of  Wyoming;"  it  shall  be 
kept  by  the  secretary  of  state  and  used  by  him  officially  as  di- 
rected by  law. 

Sec.  16.  The  seal  of  the  Territory  of  Wyoming  as  now  used 
shall  be  the  seal  of  the  State  until  otherwise  provided  by  law. 


AKTICLE  No.  V. 
JUDICIAL  DEPARTMENT. 

Section  1.  The  judicial  power  of  the  state  shall  be  vested 
in  the  senate,  sitting  as  a  court  of  impeachment,  in  a  supreme 
court,  district  courts,  justices  of  the  peace,  courts  of  arbitra- 
tion and  such  courts  as  the  legislature  may,  by  general 
law,  establish  for  incorporated  cities  or  incorporated  towns. 

Sec.  2.  The  supreme  court  shall  have  general  appellate 
jurisdiction,  co-extensive  with  the  State,  in  both  civil  and  crim- 
inal causes,  and  shall  have  a  general  superintending  control 
over  all  inferior  courts,  under  such  rules  and  regulations  as 
may  be  prescribed  by  law.  * 

Sec.  3.  The  supreme  court  shall  have  original  jurisdiction 
in  quo  warranto  and  mandamus  as  to  all  State  officers,  and  in 
habeas  corpus.  The  supreme  court  shall  also  have  power  to 
issue  writs  of  mandamus,  review,  prohibition,  habeas  corpus, 
certiorari,  and  other  writs  necessary  and  proper  to  the  com- 


CONSTITUTION. 


23 


plete  exorcise  of  its  appellate  and  revisory  jurisdiction.  Each, 
of  the  judges  shall  have  power  to  issue  writs  of  habeas  corpus 
to  any  part  of  the  State  upon  petition  by  or  on  behalf  of  a  per- 
son held  in  actual  custody,  and  may  make  such  writs  returnable 
before  himself  or  before  the  supreme  court,  or  before  any  dis- 
trict court  of  the  state  or  any  judge  thereof. 

Sec.  4.  The  supreme  court  of  the  State  shall  consist  of 
three  justices  who  shall  be  elected  by  the  qualified  electors  of 
the  State  at  a  general  state  election  at  the  times  and  places 
at  which  state  officers  are  elected;  and  their  term  of  office 
shall  be  eight  (8)  years,  commencing  from  and  after  the  first 
Monday  in  January  next  succeeding  their  election;  and  the  jus- 
tices elected  at  the  first  election  after  this  convention  shall  go, 
into  effect,  shall  at  their  first  meeting  provided  by  law,  so  clas- 
sify themselves  by  lot  that  one  of  them  shall  go  out  of  office 
at  the  end  of  four  (4)  years,  and  one  at  the  end  of  six  (6)  years, 
and  one  at  the  end  of  eight  (8)  years  from  the  commencement 
of  their  term,  and  an  entry  of  such  classification  shall  be  made 
in  the  record  of  the  court  and  signed  by  them,  and  a  duplicate 
thereof  shall  be  filed  in  the  office  of  the  secretary  of  state.  The 
justice  having  the  shortest  term  td  serve  and  not  holding  his 
office  by  appointment  or  election  to  fill  a  vacancy,  shall  be  the 
chief  justice  and  shall  preside  at  all  terms  of  the  supreme  court, 
and,  in  case  of  his  absence,  the  justice  having  in  like  manner  tho 
next  shortest  term  to  serve  shall  preside  in  his  stead.  If  a  vacan- 
cy occur  in  the  office  of  a  justice  of  the  supreme  court  the  govern- 
er  shall  appoint  a  person  to  hold  the  office  until  the  election 
and  qualification  of  a  person  to  fill  the  unexpired  term  occa- 
sioned by  such  vacancy,  which  election  shall  take  place  at  the 
next  succeeding  general  election.  The  first  election  of  the  jus- 
tices shall  be  at  the  first  general  election  after  this  constitu- 
tion shall  go  into  effect. 

Sec.  5.  A  majority  of  the  justices  of  the  supreme  court 
shall  be  necessary  to  constitute  a  quorum  for  the  transaction 
of  business. 

Sec.  6.  In  case  a  judge  of  the  supreme  court  shall  be  in 
any  way  interested  in  a  cause  brought  before  such  court  the 
remaining  judges  of  said  court  shall  call  one  of  the  district 
judges  to  sit  with  them  on  the  hearing  of  said  cause. 


24  CONSTITUTION. 

Sec.  7.  At  least  two  terms  of  the  supreme  court  shall  be 
held  annually  at  the  seat  of  government  at  such  times  as  may 
be  provided  by  law. 

Sec.  8.  No  person  shall  be  eligible  to  the  office  of  justice 
of  the  supreme  court  unless  he  be  learned  in  the  law,  have  been 
in  actual  practice  at  least  nine  (0)  years  or  whose  service  on  the 
bench  of  any  court  of  record,  when  added  to  the  time  he  may 
have  practiced  law,  shall  be  equal  to  nine  (9)  years,  be  at  least 
thirty  years  of  age  and  a  citizen  of  the  United  States,  nor  un- 
less he  shall  have  resided  in  this  state  or  territory  at  least 
three  years. 

Sec.  9.  There  shall  be  a  clerk  of  the  supreme  coujt  who 
shall  be  appointed  by  the  justices  of  said  court  and  shall  hold 
his  office  during  their  pleasure,  and  whose  duties  and  emolu- 
ments shall  be  as  provided  :by  law. 

Sec.  10.  The  district  court  shall  have  original  jurisdiction 
of  all  causes  both  at  law  and  in  equity  and  in  all  criminal 
cases,  of  all  matters  of  probate  and  insolvency  and  of  such  spe- 
cial cases  and  proceedings  as  are  not  otherwise  provided  for. 
The  district  court  shall  also  have  original  jurisdiction  in  all 
cases  and  of  all  proceedings  in  which  jurisdiction  shall 
not  have  been  by  law  vested  exclusively  in  some  other  court; 
and  said  court  shall  have  the  power  of  naturalization  and  to 
issue  papers  therefor.  They  shall  have  such  appellate  jurisdic- 
tion in  cases  arising  in  justices'  and  other  inferior  courts  ID 
their  respective  counties  as  may  be  prescribed  by  law.  Said 
courts  and  their  judges  shall  have  power  to  issue  writs  of 
mandamus,  quo  warranto,  review,  cortiorari,  prohibition,  in- 
junction and  writs  of  habeas  corpus,  on  petition  by  or  on  behalf 
of  any  person  in  actual  custody  in  their  respective  districts. 

Sec.  11.  The  judges  of  the  district  courts  may  hold  courts 
for  each  other  and  shall  do  so  when  required  by  Lnv. 

Sec.  12.  Xo  person  shall  be  eligible  to  the  office  of  judge  of 
the  district  court  unless  he  be  learned  in  the  law,  be  at  least 
twenty-eight  years  of  age.  and  a  citizen  of  the  United  States, 
nor  unless  he  shall  have  resided  in  the  State  or  Territory  of 
Wyoming  at  least  two  years  next  preceding  his  election. 

Sec.  13.  There  shall  be  a  clerk  of  the  district  court  in 
each  organized  county  in  which  a  court  is  holden  who  shall 
be  elected,  or,  in  case  of  vacancy,  appointed  in  such  manner 
.and  with  such  duties  and  compensation  as  may  be  prescribed 
by  law. 


CONSTITUTION.  25 

Sec.  14.  The  legislature  shall  provide  by  law  for  the  ap- 
pointment by  the  several  district  courts  of  one  or  more  dis- 
trict court  commissioners  (who  shall  be  persons  learned  in  the 
law)  in  each  organized  county  in  which  a  district  court  is  hold- 
en,  such  commissioners  shall  have  authority  to  perform  such 
chamber  business  in  the  absence  of  the  district  judge  from  the 
county  or  upon  his  written  statement  filed  with  the  papers, 
that  it  is  improper  for  him  to  act,  as  may  be  prescribed  by 
law,  to  take  depositions  and  perform  such  other  duties,  and  re- 
ceive such  compensation  as  shall  be  prescribed  by  law. 

Sec.  15.  The  style  of  all  process  shall  be  "The  State  of 
Wyoming."  All  prosecutions  shall  be  carried  on  in  the  name 
and  by  the  authority  of  the  State  of  Wyoming,  and  conclude 
"against  the  peace  and  dignity  of  the  State  of  Wyoming." 

Sec.  16.  No  duties  shall  be  imposed  by  law  upon  the  su- 
preme court  or  any  of  the  judges  thereof, except  such  as  are 
judicial,  nor  shall  any  of  the  judges  thereof  exercise  any  power 
of  appointment  except  as  herein  provided. 

Sec.  17.  The  judges  of  the  supreme  and  district  courts 
shall  receive  such  compensation  for  their  services  as  may  be 
prescribed  by  law,  which  compensation  shall  not  be  increased 
or  diminished  during  the  term  for  which  a  judge  shall  have 
been  elected,  and  the  salary  of  a  judge  of  the  supreme  or  dis- 
trict court  shall  be  as  may  be  prescribed  by  law. 

Sec.  18.  Writs  of  error  and  appeals  may  be  allowed  from 
the  decisions  of  the  district  courts  to  the  supreme  courts  un- 
der such  regulations  as  may  be  prescribed  by  law. 

Sec.  19.  Until  otherwise  provided  by  law,  the  state  shall 
be  divided  into  three  judicial  districts,  in  each  of  which  there 
shall  be  elected  at  general  elections,  by  the  electors  thereof, 
one  judge  of  the  district  court  therein,  whose  term  shall  be  six 
'(6)  years  from  the  first  Monday  in  January  succeeding  his 
election  and  until  his  successor  is  duly  qualified. 

Sec.  20.  Until  otherwise  provided  by  law,  said  judicial  dis- 
trict shall  be  constituted  as  follows: 

District  number  one  shall  consist  of  the  counties  of  Lara- 
mie,  Converse  and  Crook. 

District  number  two  shall  consist  of  the  counties  of  Albany, 
Johnson  and  Sheridan. 

District  number  three  shall  consist  of  the  counties  of  Car- 
bon, Sweetwater,  Uinta  and  Fremont. 


26  CONSTITUTION. 

Sec.  21.  The  legislature  may  from  time  to  time  increase 
the  number  of  said  judicial  districts  and  the  judges  thereof, 
but  such  increase  or  change  in  the  boundaries  of  the  district 
shall  not  work  the  removal  of  any  judge  form  his  office  dur- 
ing the  term  for  which  he  may  have  been  elected  or  appointed; 
provided  the  number  of  districts  and  district  judges  shall  not 
exceed  four  until  the  taxable  valuation  of  property  in  the 
state  shall  exceed  one  hundred  million  dollars  (|100,000,000). 

Sec.  22.  The  legislature  shall  provide  by  law  for  the  elec- 
tion of  justices  of  the  peace  in  each  organized  county  in 
each  state.  But  the  number  of  said  justices  to  be  elected  in 
each  organized  county  shall  be  limited  by  law  to  such  number- 
as  shall  be  necessary  for  the  proper  administration  of  justice. 
The  justices  of  the  peace  herein  provided  for  shall  have  concur- 
rent jurisdiction  with  the  district  court  in  all  civil  actions 
where  the  amount  in  controversy,  exclusive  of  the  costs,  does 
not  exceed  two  hundred  dollars,  and  they  shall  have  such  jur- 
isdiction to  hear  and  determine  cases  of  misdemeanor  as  may 
be  provided  by  law,  but  in  no  case  shall  said  justices  of  the 
peace  have  jurisdiction  when  the  bountdaries  of  or  title  to 
real  estate  shall  enter  into  question. 

Sec.  23.  Appeals  shall  lie  from  the  final  decisions  of  jus- 
tices of  the  peace  and  police  magistrates  in  such  cases  and  pur- 
real  estate  shall  come  into  question. 

Sec.  24.  The  time  of  holding  courts  in  the  several  counties 
of  a  district  shall  be  as  prescribed  by  law,  and  the  legislature 
shall  make  provisions  for  attaching  unorganized  counties  or 
territory  to  organized  counties  for  judicial  purposes. 

Sec.  25.  No  judge  of  the  supreme  or  district  court  shall 
act  as  attorney  or  counsellor  at  law. 

Sec.  26.  Until  the  legislature  shall  provide  by  law  for  fix- 
ing the  terms  of  courts  the  judges  of  the  supreme  court  and  dis 
trict  courts  shall  fix  the  terms  thereof. 

Sec.  27.  No  judge  of  the  supreme  or  district  court  shall  bo- 
elected  or  appointed  to  any  other  than  judicial  offices  or  be 
eligible  thereto  during  the  term  for  which  he  was  elected  or 
such  judge. 

Sec.  28.  Appeals  from  decisions  of  compulsory  boards  of 
arbitration  shall  be  allowed  to  the  supreme  court  of  the  state, 
and  the  manner  of  taking  such  appeals  shall  be  prescribed  by 
appointed  such  judge. 


i  CONSTITUTION.  27 

ARTICLE  No.  VI. 

SUFFRAGE. 

Section  1.  The  rights  of  citizens  of  the  State  of  Wyoming 
to  vote  and  hold  office  shall  not  be  denied  or  abridged  on  ac- 
count of  sex.  Both  male  and  female  citizens  of  this  state  shall 
equally  enjoy  all  civil,  political  and  religious  rights  and  pri- 
vileges. 

Sec.  2.  Every  citizen  of  the  United  States  of  the  age  of 
twenty-one  years  and  upwards,  who  has  resided  in  the  State  or 
Territory  one  year  and  in  the  county  wherein  such  residence 
is  located  sixty  days  next  preceding  any  election,  shall  be  en- 
titled to  vote  at  such  election,  except  as  herein  otherwise  pro- 
vided. 

Sec.  3.  Electors  shall  in  all  cases  except  treason,  felony 
or  breach  of  the  peace,  be  privileged  from  arrest  on  the  days  of 
election  during  their  attendance  at  elections,  and  going  to 
and  returning  therefrom. 

Sec.  4.  No  elector  shall  be  obliged  to  perform  militia 
duty  on  the  day  of  election,  except  in  time  of  war  or  public  dan- 
ger. 

Sec.  5.  No  person  shall  bo  deemed  a  qualified  elector  of 
this  State,  unless  such  person  be  a  citizen  of  the  United  States. 

Sec.  6.  All  idiots,  insane  persons,  and  persons  convicted  of 
infamous  crimes,  unless  restored  to  civil  rights,  are  excluded 
form  the  elective  franchise. 

Sec.  7.  No  elector  shall  be  deemed  to  have  lost  his  residence 
in  the  State,  by  reason  of  his  absence  on  business  of  the  United 
States,  or  of  this  State,  or  in  the  military  or  naval  service  of  the 
United  States. 

Sec.  8.  No  soldier,  seaman,  or  marine  in  the  army  or  navy 
of  the  United  States  shall  be  deemed  a  resident  of  this  state 
in  consepuence  of  his  being  stationed  therein.  * 

Sec.  9.  No  person  shall  have  the  right  to  vote  who  shall 
not  be  able  to  read  the  constitution  of  this  State.  The  provi- 
sions of  this  section  shall  not  apply  to  any  person  prevented 
by  physical  disability  from  complying  with  its  requirements. 


S  CONSTITUTION. 

Sec.  10.  Nothing  herein  contained  shall  be  construed  to  de- 
prive any  person  of  the  right  to  vote  who  has  such  right  at  the 
time  of  the  adoption  of  this  constitution,  unless  disqualified  by 
the  restrictions  of  section  six  of  this  article.  After  the  expi- 
•ration  of  five  years  from  the  time  of  the  adoption  of  this  con- 
stitution, none  l^ut  citizens  of  the  Ignited  States  shall  have  the 
right  to  vote. 

Sec.  11.  All  elections  shall  be  by  ballot.  The  legislature 
shall  provide  by  law  that  the  names  of  all  candidates  for  the 
same  office,  to  be  voted  for  at  any  election,  shall  be  printed  on 
the  same  ballot,  at  piiblic  expense,  and  on  election  day  to  be  de- 
livered to  the  voters  within  the  polling  place  by  sworn  public 
officials,  and  only  such  ballots  so  delivered  shall  be  received 
and  counted.  But  no  voter  shall  be  deprived  of  the  privilege 
of  writing  upon  the  ballot  used  the  name  of  any  other  candi- 
date. All  voters  shall  be  guaranteed  absolute  privacy  in  the 
preparation  of  their  ballots,  and  the  secrecy  of  the  ballot  shall 
be  made  conipulso'ry. 

Sec.  12.  No  person  qualified  to  be  an  elector  of  the  State 
of  Wyoming  shall  be  allowed  to  vote  at  any  general  or  special 
election  hereafter  to  be  holden  in  the  State,  until  he  or  she 
shall  have  registered  as  a  voter  according  to  law,  unless  the 
failure  to  register  is  caused  by  sickness  or  absence,  for  which 
provision  shall  be  made  by  aw.  The  legislature  of  the  state 
shall  enact  such  laws  as  will  carry  into  effect  the  provisions  of 
this  section,  which  enactment  shall  be  subject  to  amendment, 
but  shall  never  be  repealed;  but  this  section  shall  not  apply 
to  the  first  election  held  under  this  constitution. 

ELECTIONS. 

Sec.  13.  The  legislature  shall  pass  laws  to  secure  the  purity 
of  elections,  and  guard  against  abuses  of  the  elective  franchise. 

Sec.  14.  The  legislature  shall,  by  general  law,  designate 
the  courts  by  which  the  several  classes  of  election  contests 
not  otherwise  provided  for,  shall  be  tried,  and  regulate  the  man- 
ner of  trial  and  all  matters  incident  thereto;  but  no  such  law 
shall  apply  to  any  contest  arising  out  of  an  election  held  before 
its  passage. 

Sec.  15.  No  person  except  a  qualified  elector  shall  be  elect- 
»ed  or  appointed  to  any  civil  or  military  office  in  the  state. 


CONSTITUTION.  29- 

Sec.  10.  Every  person  holding  any  civil  office  under 
the  state  or  any  municipality  therein  shall,  unless  removed  ac- 
cording to  law,  exercise  the  duties  of  such  office  until  his  suc- 
cessor is  duly  qualified,  but  this  shall  not  apply  to  members  of 
the  legislature,  nor  to  members  of  any  board  of  aassembly,  two 
or  more  of  whom  are  elected  at  the  same  time.  The  legislature 
may  by  law  provide  for  suspending  any  officer  in  his  functions,, 
pending  impeachment  or  prosecution  for  misconduct  in  office. 

QUALIFICATION s  FOR  OFFICE. 

Sec.  17.  All  general  elections  for  state  and  county  officers,, 
for  members  of  the  house  of  representatives  and  the  senate  of 
the  State  of  Wyoming  and  representatives  to  the  congress  of  the 
United  States,  shall  be  held  on  the  Tuesday  next  following 
the  first  Monday  in  November  of  each  even  year.  Special  elec- 
tions may  be  held  as  now,  or  as  may  hereafter  be  provided  by 
law.  All  state  and  county  officers  elected  at  a  general  election 
shall  enter  upon  their  respective  duties  on  the  first  Monday 
in  January  next  following  the  date  of  their  election,  or  as  soon 
thereafter  as  may  be  possible. 

Sec.  18.  All  officers,  whose  election  is  not  provided  for  in. 
this  constitution,  shall  be  elected  or  appointed  as  may  be 
directed  by  law. 

Sec.  19.  No  member  of  congress  from  this  state,  nor  any 
holding  or  exercising  any  office  or  appointment  of  trust  or  pro- 
fit under  the  United  States,  shall  at  the  same  time  hold  or  ex- 
ercise any  office  in  this  state  to  which  a  salary,  fees  or  perquis- 
ites shall  be  attached.  The  legislature  may  by  law  declare 
what  offices  are  incompatible. 

OATH  OF  OFFICE. 

Sec,20.  Senators  and  representatives  and  all  judicial,  state 
and  county  officers  shall,  before  entering  upon  the  duties  of 
/their  respective  offices,  take  and  subscribe  the  following  oath, 
or  affirmation :  "I  do  solemnly  swear  (or  affirm)  that  I  will  sup- 
port, obey  and  defend  the  constitution  of  the  United  States, 
and  the  constitution  of  this  state,  and  that  I  will  discharge  the 
duties  of  my  office  with  fidelity;  that  I  have  not  paid  or  contri- 
buted, or  promised  to  pay  or  contribute,  either  di- 
rectly or  indirectly,  any  money  or  other  valuable 


go  CONSTITUTION. 

thing,  to  procure  my  nomination  or  election,  (or  appointment) 
except  for  necessary  and  proper  expenses  expressly  authorized 
by  law;  that  I  have  not,  knowingly,  violated  any  election  law 
of  the  state,  or  procured  it  to  be  done  by  others  in  niy  behalf; 
that  I  will  not  knowingly  receive,  directly  or  indirectly,  any 
money  or  other  valuable  thing  for  the  performance  or  non-per- 
formance of  any  act  or  duty  pertaining  to  my  office,  other  than 
the  compensation  allowed  by  law." 

Sec.  21.  The  foregoing  oath  shall  be  administered  by  some 
person  authorized  to  administer  oaths,  and  in  the  case  of  state 
officers  and  judges  of  the  supreme  court  shall  be  filed  in  the 
office  of  the  secretary  of  state,  and  in  the  case  of  other  judicial 
and  county  officers  in  the  office  of  the  clerk  of  the  county  in 
which  the  same  is  taken;  any  person  refusing  to  take  said  oath 
£>r  affirmation  shall  forfeit  his  office,  and  any  person  who  shall 
be  convicted  of  having  sworn  or  affirmed  falsely,  or  of  having 
violated  said  oath  or  affirmation,  shall  be  guilty  of  perjury, 
and  .be  forever  disqualified  from,  holding  any  office  of  trust 
or  profit  within  this  state.  The  oath  to  members  of  the  senate 
and  house  of  representatives  shall  be  administered  by  one  cff 
the  judges  of  the  supreme  court  or  a  justice  of  the  peace,  in 
.the  hall  of  the  house  to  which  the  members  shall  be-  elected. 


ARTICLE  No.  VII. 

EDUCATION. 

Section  1.  The  legislature  shall  provide  for  the  establish- 
ment and  maintenance  of  a  complete  and  uniform  system  of 
public  instruction,  embracing  free  elementatry  schools  of  every 
needed  kind  and  grade,  a  university  with  such  technical  and 
professional  departments  as  the  public  good  may  require  and 
the  means  of  the  state  allow,  and  such  other  institutions  as  may 
be  necessary. 

Sec.  2.  The  following  are  declared  to  be  perpetual  funds 
for  school  purposes,  of  which  the  annual  income  only  can  be 
appropriated,  to-wit :  Such  per  centum  as  has  been  or  may  here- 
after be  granted  by  congress  on  the  sale  of  lands  in  this  state, 


CONSTITUTION.  31 

all  moneys  arising  from  the  sale  or  lease  of  sections  number 
sixteen  and  thirty-six  in  each  township  in  the  state,  and  the  land 
selected  or  that  may  be  selected  in  lieu  thereof;  the  proceeds  of 
all  lands  that  have  been  or  may  hereafter  be  granted  to  this 
state,  where  by  the  terms  and  conditions  of  the  grant,  the 
same  are  not  to  be  othewise  appropriated ;  the  net  proceeds  of 
lands  and  other  property  and  effects  that  come  to  the  state 
by  escheat  or  forfeiture,  or  from  unclaimed  dividends  or  distri- 
butive shares  of  the  estates  of  deceased  persons;  all  moneys, 
stocks,  bonds,  lands  and  other  property  now  belonging  to  the 
common  school  fund. 

Sec.  3.  To  the  sources  of  revenue  above  mentioned  shall 
be  added  all  other  grants,  gifts  and  devises  that  have  been  or 
may  hereafter  be  made  to  this  state  and  not  otherwise  appro- 
priaed  by  the  terms  of  the  grant,  gift  or  devise. 

Sec.  4.  All  moneys,  stocks,  bonds,  lands  and  other  prop- 
erty belonging  to  a  county  school  fund,  except  such  moneys 
and  property  as  may  be  provided  by  law  for  current  use  in  aid 
of  public  schools,  shall  belong  to  and  be  securely  in- 
vested and  securely  preserved  in  the  several  coun- 
ties as  a  county  public  school  fund,  the  income 
of  which  shall  be  appropriated  exclusiveely  to  the  use  and  sup- 
port of  free  public  schools  in  the  several  counties  of  the  state. 

Sec.  5.  All  fines  and  penalties  under  general  laws  of  the 
state  shall  belong  to  the  public  school  fund  of  the  respective 
counties  and  be  paid  over  to  the  custodians  of  such  funds  for 
the  current  support  of  the  public  schools  therein. 

Sec.  6.  All  funds  belonging  to  the  state  for  public  school 
purposes,  the  interest  and  income  of  which  only  are  to  be  used, 
shall  be  deemed  trust  funds  in  the  care  of  the  state,  which 
shall  keep  them  for  the  exclusive  benefit  of  the  public  schools, 
and  shall  make  good  any  losses  that  may  in  any  manner  occur, 
so  that  the  same  shall  remain  forever  inviolate  and  undimin- 
ished.  None  of  such  funds  shall  ever  be  invested  or  loaned  ex- 
cept on  the  bonds  issued  by  school  districts,  or  registered  coun- 
ty bonds  of  the  state,  or  state  securities  of  this  state,  or  of  the 
United  States. 

Sec.  7.  The  income  arising  from  the  funds  mentioned  in  the 
preceding  section,  together  with  all  the  rents  of  the  unsold 
school  lands  and  such  other  means  as  the  legislture 


32  CONSTITUTION. 

may    provide,    shall    be    exclusively    applied    to    the    sup- 
port of  free  schools  in  every  county  in  the  state. 

Sec.  8.  Provision  shall  be  made  by  general  law  for  the 
equitable  distribution  of  such  income  among  the  several  coun- 
ties according  to  the  number  of  children  of  school  age  in  each, 
which  several  counties  shall  in  like  manner  distribute  the  pro- 
portion of 'said  fund  by  them  received  respectively  to  the  sev- 
eral school  districts  embraced  therein.  But  no  appropriation 
shall  be  made  from  said  fund  to  any  district  for  the  year  in 
which  a  school  has  not  been  maintained  for  at  least  three 
months;  nor  shall  any  portion  of  any  public  school  fund  ever 
be  used  to  support  or  assist  any  private  school,  or  any  school,, 
academy,  seminary,  college  or  other  institution  of  learning  con- 
trolled by  any  church  or  sectarian  organization  or  religious  de- 
nomination whatsoever. 

Sec.  9.  The  legislature  shall  make  such  further  provision 
by  taxation  or  otherwise,  as  with  the  income  arising  from  the 
general  school  fund  will  create  and  maintain  a  thorough  and 
efficient  system  of  public  schools,  adequate  to  the  proper  in- 
struction of  all  the  youth  of  the  state,  between  the  ages  of  six 
and  twenty-one  years,  free  of  charge;  and  in  view  of  such  pro- 
vision so  made,  the  legislature  shall  require  that  every  child 
of  sufficient  physical  and  mental  ability  shall  attend  a  public 
school  during  the  period  between  six  and  eighteen  years  for  a 
time  equivalent  to  three  years,  unless  educated  by  other  means.. 

Sec.  10.  In  none  of  the  public  schools  so  established  and 
maintained  shall  distinction  or  discrimination  be  made  on  ac- 
count of  sex,  race  or  color. 

Sec.  11.  Neither  the  legislature  nor  the  superintendent 
of  public  instruction  shall  have  power  to  prescribe  text  books 
to  be  used  in  the  public  schools. 

Sec.  12.  No  sectarian  instruction,  qualifications  or  tests 
shall  be  imparted,  exacted,  applied  or  in  any  manner  tolerated 
in  the  schools  of  any  grade  or  character  controlled  by  the  state, 
nor  shall  attendance  be  required  at  any  religious  service  there- 
in, nor  shall  any  sectarian  tenets  or  doctrines  be  taught  or  fa- 
vored in  any  public  school  or  institution  that  may  be  estab- 
lished under  this  constitution. 

Sec.  13.  The  governor,  secretary  of  state,  state  treasurer,, 
and  superintendent  of  public  instruction  shall  constitute  the 


CONSTITUTION.  33 

board  of  land  commissioners,  which,  under  direction  of  the*  leg- 
islature, as  limited  by  this  constitution,  shall  have  direction, 
control,  leasing  and  disposal  of  the  lands  of  the  state  granted, 
or  which  may  be  hereafter  granted  for  the  support  and  benefit 
of  public  schools,  subject  to  the  further  limitations  that  the  salt- 
of  all  lands  shall  be  at  public  auction,  after  such  delay  (not  less 
than  the  time  fixed  by  congress)  in  portions  at  proper  inter- 
vals of  time,  and  at  such  minimum  prices  (not  less  than  the 
minimum  fixed  by  congress)  as  to  realize  the  largest  possible 
proceeds. 

Sec.  14.  The  general  supervision  of  the  public  schools 
shall  be  entrusted  to  the  state  superintendent  of  public  instruc- 
tion, whose  powers  and  duties  shall  be  prescribed  by  law. 

THE   UNIVERSITY. 

Sec.  15.  The  establishment  of  the  University  of  WTyoniing 
is  hereby  confirmed,  and  said  institution,  writh  its  several  de- 
partments, is  hereby  declared  to  be  the  University  of  the  State 
of  Wyoming.  All  lands  which  have  been  heretofore  granted 
or  which  may  be  granted  hereafter  by  congress  unto  the  uni- 
versity as  such,  or  in  aid  of  the  instruction  to  be  given  in  any 
of  its  departments,  with  all  other  grants,  donations,  or  devises 
for  said  university,  or  for  any  of  its  departments,  shall  vest  in 
said  university,  and  be  exclusively  used  for  the  purposes  for 
•  which  they  wrere  granted,  donated  or  devised.  The  said  lands, 
may  be  leased  on  terms  approved  by  the  land  commissioners, 
but  may  not  be  sold  on  terms  not  approved  by  congress. 

Sec.  16.  The  university  shall  be  equally  open  to  students 
of  both  sexes,  irrespective  of  race  or  color,  and,  in  order  that 
the  instruction  furnished  may  be  as  nearly  free  as  possible, 
any  amount  in  addition  to  the  income  from  its  grants  of  lands 
and  other  sources  above  mentioned,  necessary  to  its  support 
and  maintenance  in  a,  condition  of  full  efficiency  shall  be  raised 
by  taxation  or  othewise,  under  provisions  of  the  legislature. 

Sec.  17.  The  legislature  shall  provide  by  law  for  the  man- 
agement of  the  university,  its  lands  and  other  property  by  a 
board  of  trustees,  consisting  of  not  less  than  seven  members, 
to  be  appointed  by  the  governor  by  and  with  the  advice  and 
consent  of  the  senate,  and  the  president  of  the  university,  and 
the  superintendent  of  public  instrution,  as  members  ex-officio, 
—  3 


4  CONSTITUTION. 

as  such  having  the  right  to  speak,  but  not  to  vote.    The  duties 
and  powers  of  the  trustees  shall  be  prescribed  by  law. 

CHARITABLE  AND  PENAL  INSTITUTIONS. 

Sec.  18.  Such  charitable,  reformatory  and  penal  institu- 
tions as  the  claims  of  humanity  and  the  public  good  may  re- 
quire, shall  be  established  and  supported  by  the  state  in  such 
manner  as  the  legislature  may  prescribe.  They  shall  be  under 
the  general  supervision  of  a  state  board  of  charities  and  re- 
form, whose  duties  and  powers  shall  be  prescribed  by  law. 

Sec.  19.  The  property  of  all  charitable  and  penal  institu- 
tions belonging  to  the  Territory  of  Wyoming  shall,  upon  the 
adoption  of  this  constitution,  become  the  property  of  the  State 
of  Wyoming,  and  such  of  said  institutions  as  are  then  in  actual 
operation,  shall  thereafter  have  the  supervision  of  the  board  of 
charities  and  reform  as  provided  in  the  last  preceding  section 
of  this  article,  under  provisions  of  the  legislature. 

PUBLIC  HEALTH  AND' MORALS. 

Sec.  20.  As  the  health  and  morality  of  the  people  are  es- 
sential to  their  well  being,  and  to  the  peace  and  permanence 
of  the  state,  it  shall  be  the  duty  of  the  legislature  to  protect 
and  promote  these  vital  interests  by  such  measures  for  the 
encouragement  of  temperance  and  virtue,  and  such  restrictions 
upon  vice  and  immorality  of  every  sort,  as  are  deemed  necess- 
sary  to  the  public  welfare. 

PUBLIC  BUILDINGS. 

Sec.  21.  All  public  buildings  and  other  property  belonging 
to  the  territory  shall,  upon  the  adoption  of  this  constitution, 
become  the  property  of  the  State  of  Wyoming. 

Sec.  22.  The  construction,  care  and  preservation  of  all 
pi^blic  buildings  of  the  state  not  under  the  control  of  the  board 
of  officers  of  public  institutions  by  authority  of  law  shall  be 
entrusted  to  such  officers  or  boards,  and  under  such  regulations 
as  shall  be  prescribed  by  law. 

Sec.  23.  The  legislature  shall  have  no  power  to  change  or 
to  locate  the  seat  of  government,  the  state  university,  insane 


CONSTITUTION.  35 

asylum  or  state  penitentiary,  but  may  after  the  expiration 
of  ten  (10)  years  after  the  adoption  of  this  constitution,  pro- 
vide by  law  for  submitting  the  question  of  the  permanent  loca- 
tions thereof,  respectively,  to  the  qualified  electors  of  the  state, 
at  some  general  election,  and  a  majority  of  all  votes  upon  said 
question  cast  at  said  election,  shall  be  necessary  to  determine 
the  location  thereof;  but  for  said  period  of  ten  (10)  years,  and 
until  the  same  are  respectively  and  permanently  located,  as 
herein  provided,  the  location  of  the  seat  of  government  and 
said  institutions  shall  be  as  follows: 

The  seat  of  government  shall  be  located  at  the  city  of  Chey- 
enne, in  the  county  of  Laramie.  The  state  university  shall  Be 
located  at  the  city  of  Laramie,  in  the  county  of  Albany.  The 
insane  asylum  shall  be  located  at  the  town  of  Evanston,  in  the 
county  of  Uinta.  The  penitentiary  shall  be  located  at  the  city 
of  Kawlins,  in  the  county  of  Carbon;  but  the  legislature  may 
provide  by  law  that  said  penitentiary  may  be  converted  to 
other  public  uses.  The  legislature  shall  not  locate  any  other 
public  institutions  except  under  general  laws,  and  by  vote  of 
the  people. 


ARTICLE  No.  VIII. 

IRRIGATION  AND  WATER  RIGHTS. 

Section  1.  The  water  of  all  natural  streams,  springs,  lakes 
or  other  collections  of  still  water,  within  the  boundaries  of  the 
state,  are  hereby  declared  to  be  the  property  of  the  state. 

Sec.  2.  There  shall  be  constituted  a  board  of  control,  to  be 
composed  of  the  state  engineer  and  superintendents  of  the  wa- 
ter divisions;  which  shall,  under  such  regulations  as  may  be 
prescribed  by  law,  have  the  supervision  of  the  waters  of  the 
state  and  of  their  appropriation,  distribution  and  diversion, 
and  of  the  various  officers  connected  therewith.  Its  decisions 
to  be  subject  to  review  by  the  courts  of  the  state. 

Sec.  3.  Priority  of  appropriation  for  beneficial  uses  shall 
give  the  better  right.  No  appropriation  shall  be  denied  except 
when  such  denial  is  demanded  by  the  public  interests. 

Sec.  4.  The  legislature  shall  by  law  divide  the  state  into 
four  (4)  wyater  divisions,  and  provide  for  the  appointment  of  su- 
perintendents thereof. 


36  CONSTITUTION. 

Sec.  5.  There  shall  be  a  state  engineer  who  shall  be  ap- 
pointed by  the  governor  of  the  state  and  confirmed  by  the  sen- 
ate; he  shall  hold  his  office  for  the  term  of  six  (6)  years,  or  until 
his  successor  shall  have  been  appointed  and  shall  have  quali- 
fied. He  shall  be  president  of  the  board  of  control  and  shall  have 
general  supervision  of  the  waters  of  the  state  and  of  the  offi- 
cers connected  with  its  distribution.  No  person  shall  be  ap- 
pointed to  this  position  who  has  not  such  theoretical  knowledge 
and  such  practical  experience  and  skill  as  shall  fit  him  for  the 
Bosition. 


AETICLE  No.  IX. 

MINES  AND  MINING. 

Section  1.  There  shall  be  established  and  maintained  the 
offce  of  inspector  of  mines,  the  duties  and  salary  of  which  shall 
be  prescribed  by  law.  When  said  office  shall  be  established, 
the  governor  shall,  with  the  advice  and  consent  of  the  senate, 
appoint  thereto  a  person  proven  in  the  manner  provided  by  law 
to  be  competent  and  practical,  whose  term. of  office  shall  be 
two  years. 

Sec.  2.  The  legislature  shall  provide  by  law  for  the  proper 
development,  ventilation,  drainage  and  operation  of  all  mines 
in  this  state. 

Sec.  3.  No  boy  under  the  age  of  fourteen  years,  and  no 
woman  or  girl  of  any  age  shall  be  employed  or  be  permitted  to 
be  in  or  about  any  coal,  iron  or  other  dangerous  mines  for  the 
purpose  of  employment  therein;  provided,  however,  this  provi- 
sion shall  not  affect  the  employment  of  a  boy  or  female  of  suit- 
able age  in  an  office  or  in  the  performance  of  .clerical  work  at 
such  mine  or  colliery. 

Sec.  4.  For  any  injury  to  person  or  property  caused  by  wil- 
ful failure  to  comply  with  the  provisions  of  this  article,  or 
laws  passed  in  pursuance  hereof,  a  right  of  action  shall  ac- 
crue to  the  party  injured,  for  the  damage  sustained  thereby, 
and  in  all  cases  in  this  state,  whenever  the  death  of  a  per- 
son shall  be  caused  by  wrongful  act,  neglect  or  default,  such  as 
would,  if  death  had  not  ensued,  have  entitled  the  party  injured 
to  maintain  an  action  to  recover  damages  in  respect  thereof, 


CONSTITUTION.  37 

the  person  who,  or  the  corporation  which  would  have  been 
liable,  if  death  had  not  ensued,  shall  be  liable  to  an  action  for 
damages  notwithstanding  the  death  of  the  person  injured,  and 
the  legislature  shall  provide  by  law  at  its  first  session  for  the 
manner  in  which  the  right  of  action  in  respect  thereto  shall 
be  enforced. 

Sec.  5.  The  legislature  may  provide  that  the  science  of 
mining  and  metallurgy  be  taught  in  one  of  the  institutions 
of  learing  under  the  patronage  of  the  state. 

Sec.  (>.  There  shall  be  a  state  geologist,  who  shall  be  ap- 
pointed by  the  governor  of  the  state,  with  the  advice  and  con- 
sent of  the  senate.  He  shall  hold  his  office  for  a  term  of  six  (6) 
years  or  until  his  successor  shall  have  been  appointed  and  shall 
have  qualified.  His  duties  and  compensation  shall  be  pre- 
scribed by  law.  No  person  shall  be  appointed  to  this  position 
unless  he  has  such  theoretical  knowledge  and  such  practical 
•experience  and  skill  as  shall  fit  him  for  the  position;  said  state 
geologist  shall  ex-officio  perform  the  duties  of  inspector  of 
mines  until  otherwise  provided  by  law. 


AKTICLE  No.  X. 

CORPORATIONS. 

Section  1.  The  legislature  shall  provide  for  the  organiza- 
tion of  corporations  by  general  law.  All  laws  relating  to  cor- 
porations may  be  altered,  amended  or  repealed  by  the  legisla- 
ture at  any  time  when  necessary  for  the  public  good  and  gen- 
eral welfare,  and  all  corporations  doing  business  in  this  state 
may  as  to  such  business  be  regulated,  limited  or  restrained 
by  law  not  in  conflict  with  the  constitution  of  the  United 
States. 

Sec.  2.  All  powers  and  franchises  of  corporations  are  de- 
rived from  the  people  and  are  granted  by  their  agent,  the  gov- 
ernment, for  the  public  good  and  general  welfare,  and  the  right 
and  duty  of  the  state  to  control  and  regulate  them  for  these 
purposes  is  herby  declared.  The  power,  rights  and  privileges 
of  any  and  all  corporations  may  be  forfeited  by  wilful  neglect 
or  abuse  thereof.  The  police  power  of  the  state  is  supremo 
over  all  corporations  as  well  as  individuals.  , 


38  .  CONSTITUTION. 

Sec.  3.  All  existing  charters,  franchises,  special  or  exclu- 
sive privileges  under  which  an  actual  and  ,bona  fide  organiza- 
tion shall  not  have  taken  place  for  the  purpose  for  which  formed 
and  which  shall  not  have  been  maintained  in  good  faith  to 
the  time  of  the  adoption  of  this  constitution  shall  thereafter 
have  no  validity. 

Sec.  4.  No  law  shall  be  enacted  limiting  the  amount  of 
damages  to  be  recovered  for  causing  the  injury  or  death  of 
any  person.  Any  contract  or  agreement  with  any  employe 
waiving  any  right  to  recover  damages  for  causing  the  death 
or  injury  of  any  employe  shall  be  void. 

Sec.  5.  No  corporation  organized  under  the  laws  of  Wyo- 
ming Territory  or  any  other  jurisdiction  than  this  state,  shall 
be  permitted  to  transact  business  in  this  state  until  it  shall 
have  accepted  the  constitution  of  this  state  and  filed  such  ac- 
ceptance in  accordance  with  the  laws  thereof. 

Sec.  6.  No  corporation  shall  have  power  to  engage  in  more 
than  one  general  line  or  department  of  business,  which  line  of 
business  shall  be  distinctly  specified  in  its  charter  of  incorpora- 
tion. 

Sec.  7.  All  corporations  engaged  in  the  transportation  of 
persons,  property,  mineral  oils,  and  mineral  products,  news  or 
intelligence,  including  railroads,  telegraphs,  express  companies, 
pipe  lines  and  telephones,  are  declared  to  be  common  carriers. 

Sec.  8.  There  shall  be  no  consolidation  or  combination  ot 
corporations  of  any  kinds  whatever  to  prevent  competition,  to 
control  or  influence  productions  or  prices  thereof,  or  in  any 
manner  to  interfere  with  the  public  good  and  general  welfare. 

Sec.  9.  The  right  of  eminent  domain  shall  never  be  so 
Abridged  or  construed  as  to  prevent  the  legislature  from  tak- 
ing property  and  franchises  of  incorporated  companies  and  sub- 
jecting them  to  public  use  the  same  as  the  property  of  individ- 
uals. 

Sec.  10.  The  legislature  shall  provide  by  suitable  legisla- 
tion for  the  organization  of  mutual  and  co-operative  associa- 
tions or  corporations. 

RAILROADS. 

Section  1.  Any  railroad  corporation  or  association  organ- 
ized for  the  purpose,  shall  have  the  right  to  construct  and  oper- 


CONSTITUTION. 


39 


ate  a  railroad  between  any  points  within  this  state  and  to  con- 
nect at  the  state  line  with  railroads  of  other  states.  Every  rail- 
road shall  have  the  right  with  its  road  to  intersect,  connect 
with  or  cross  any  other  railroad,  and  all  railroads  shall  receive 
and  transport  each  other's  passengers,  and  tonnage  and  cars, 
loaded  or  empty,  without  delay  or  discrimination. 

Sec.  2.  Railroad  and  telegraph  lines  heretofore  constructed 
or  that  may  hereafter  be  constructed  in  this  state  are  hereby 
declared  public  highways  and  common  carriers,  and  as  such, 
must  be  made  by  law  to  extend  the  same  equality  and  impar- 
tiality to  all  who  use  them,  excepting  employes  and  their  fami- 
lies and  ministers  of  the  gospel,,  whether  individuals  or  corpo- 
rations, 

Sec.  3.  Every  railroad  corporation  or  association  operating 
a  line  of  railroad  within  this  state  shall  annually  make  a  re- 
port to  the  auditor  of  the  state  of  its  business  within  the  state, 
in  such  form  as  the  legislature  may  prescribe. 

Sec.  4.  Exercise  of  the  power  and  right  of  eminent  do- 
main shall  never  be  so  construed  or  abridged  as  to  prevent  the 
taking  by  the  legislature  of  property  and  franchises  of  incor- 
porated companies  and  subjecting  them  to  public  use  the  same 
as  property  of  individuals. 

Sec.  5.  Neither  the  state,  nor  any  county,  township,  school 
district  or  municipality  shall  loan  or  give  its  credit  or  make  do- 
nation to  or  in  aid  of  any  railroad  or  telegraph  line ;  provided, 
that  this  section  shall  not  apply  to  obligations  of  any  county, 
city,,  township  or  school  district,  contracted  prior  to  the  adop- 
tion of  this  constitution. 

Sec.  6.  No  railroad  or  other  transportation  company  or  tel- 
egraph company  in  existence  upon  the  adoption  of  this  con- 
stitution shall  derive  the  benefit  of  any  future  legislation  with- 
out first  filing  in  the  office  of  the  secretary  of  state  an  accept- 
ance of  the  provisions  of  this  constitution. 

Sec.  7.  Any  association,  corporation  or  lessee  of  the  fran- 
chises thereof  organized  for  the  purpose  shall  have  the  right 
to  construct  and  maintain  lines  of  telegraph  within  the  state, 
and  to  connect  the  same  with  other  lines. 

Sec.  8.  No  foreign  railroad  or  telegraph  line  shall  do  any 
business  within  the  state  without  having  an  agent  or  agents 
within  each  county  through  which  such  railroad  or  tele- 
graph line  shall  be  constructed  upon  wThom  process  may  be 
served. 


4o  CONSTITUTION. 

Sec.  9.  No  railroad  company  shall  construct  or  operate  a 
railroad  within  fonr  (4)  miles  of  any  existing  town  or  city  with- 
out providing-  a  suitable  depot  or  stopping  place  at  the  nearest 
practicable  point  for  the  convenience  of  said  town  or  city,  and 
stopping  all  trains  doing  local  business  at  said  stopping  place. 
No  railroad  company  shall  deviate  from  the  most  direct  prac- 
ticable line  in  constructing  a  railroad  for  the  purpose  of  avoid- 
ing the  provisions  of  this  section. 


AKTICLE  No.  XI. 

BOUNDARIES. 

Section  1.  The  boundaries  of  the  state  of  Wyoming  shall 
be  as  follows:  Commencing  at  the  intersection  of  the  twenty- 
seventh  meridian  of  longitude  west  from  Washington  with 
the  forty-fifth  degree  of  north  latitude,  and  running  thence  west 
to  the  thirty -fourth  meridian  of  west  longitude,  thence  south  to 
the  forty-first  degree  of  north  latitude,  thence  east,  to  the  tw^n- 
ty-seventh  meridian  of  west  longitude,  and  thence  north  lo 
plaec  of  beginning. 

AKTICLE  No.  XII. 
COUNTY  ORGANIZATION. 

Section  1.  The  several  counties  in  the  territory  of  Wyo- 
ming as  they  shall  exist  at  the  time  of  the  admission  of  said  ter- 
ritory as  a  state,  are  hereby  declared  to  be  the  counties  of  the 
state  of  Wyoming. 

Sec.  2.  The  legislature  shall  provide  by  general  law  for  or- 
ganizing new  counties,  locating  the  county  seats  thereof  tempo- 
rarily and  changing  county  lines.  But  no  new  county  shall  be 
formed  unless  it  shall  contain  within  the  limits  thereof  prop- 
erty of  the  valuation  of  two  million  dollars,  as  shown  by  last 
preceding  tax  returns,  and  not  then  unless  the  remaining  por- 
tion of  the  old  county  or  counties  shall  each  contain  property 
of  at  least  three  million  of  dollars  of  assessable  valuation;  and 
no  new  county  shall  be  organized,  nor  shall  any  organized  coun- 
ty be  so  reduc(Hl  as  to  contain  a  population  of  less  than  one 
thousand  five  hundred  bona  fide  inhabitants,  and  in  case  any 


CONSTITUTION. 


4"- 


portion  of  an  organized  county  or.  counties  is  stricken  off  to 
form  a  new  county,  the  new  county  shall  assume  and  be  holden 
for  an  equitable  proportion  of  the  indebtedness  of  the  county 
or  counties  so  reduced.  No  county  shall  be  divided  unless  a 
majority  of  the  qualified  electors  of  the  territory  proposed  to 
be  cut  off  voting  on  the  proposition  shall  vote  in  favor  of  the 
division. 

Sec.  3.  The  legislature  shall  provide  by  general  law  for 
changing  county  seats  in  organized  counties,  but  it  shall  have 
no  power  to  remove  the  county  seat  of  any  organized  county. 

Sec.  4.  The  legislature  shall  provide  by  general  law  for  a 
system  of  township  organization  and  government,  which  may 
be  adopted  by  any  county  whenever  a  majority  of  the  citizens 
thereof  voting  at  a  general  election  shall  so  determine. 

Sec.  5.  The  legislature  shall  provide  by  law  for  the  election 
of  such  countv  officers  a<s  mav  be  necessarv. 


ARTICLE  No.  XIII. 

MUNICIPAL  CORPORATIONS. 

Section  1.  The  legislature  shall  provide  by  general  lawrs 
for  the  organization  and  classification  of  municipal  corpora- 
tions. The  number  of  such  classes  shall  not  exceed  four  (4), 
and  the  powers  of  each  class  shall  be  defined  by  general  laws, 
eo  that  no  such  corporations  shalT  have  any  powers  or  be  sub- 
ject to  any  restrictions  other  than  all  corporations  of  the  same 
class.  Cities  and  towns  now  existing  under  special  charters 
or  the  general  laws  of  the  territory  may  abandon  such  charter 
and  reorganize  under  the  general  laws  of  the  state. 

Sec.  2.  No  municipal  corporation  shall  be  organized  with- 
out the  consent  of  the  majority*  of  the  electors  residing  within 
the  district  proposed  to  be  incorporated,  such  consent  to  be  as- 
certained in  the  manner  and  under  such  regulations  as  may  be 
prescribed  by  law. 

Sec.  3.  The  legislature  shall  restrict  the  powers  of  such 
corporations  to  levy  taxes  and  assessments,  to  borrow  money 
and  contract  debts,  so  as  to  prevent  the  abuse  of  such  power, 
and  no  tax  or  assessment  shall  be  levied  or  collected  or  debts 
contracted  by  municipal  corporations  except  in  pursuance  of 
law  for  public  purposes  specified  by  law. 


^.2  CONSTITUTION. 

Sec.  4.  Xo  street  passenger  railway,  telegraph,  telephone 
or  electric  light  line  shall  be  constructed  within  the  limits  of 
any  municipal  organization  without  the  consent  of  its  local 
authorities. 

Sec.  5.  Municipal  corporations  shall  have  the  same  right 
as  individuals  to  acquire  rights  by  prior  appropriation  and  oth- 
erwise to  the  use  of  wrater  for  domestic  and  municipal  purposes, 
and  the  legislature  shall  provide  by  law  for  the  exercise  upon 
the  part  of  incorporated  cities,  towns  and  villages  of  the  right 
of  eminent  domain  for  the  purpose  of  acquiring  from  prior  ap- 
propriators  upon  the  payment  of  just  compensation,  such  water 
as  may  be  necessary  for  the  well  being  thereof  and  for  domestic 
uses. 


ABTICLE  No.  XIV. 

SALARIES. 

Section  1.  All  state,  city,  county,  town  and  school  officers, 
(excepting  justices  of  the  peace  and  constables  in  precincts 
having  less  than  fifteen  hundred  population,  and  excepting 
court  commissioners,  boards  of  arbitration  and  notaries  pub- 
lic) shall  be  paid  fixed  and  definite  salaries.  The  legislature 
shall,  from  time  to  time,  fix  the  amount  of  such  salaries  as  are 
not  already  fixed  by  this  constitution,  which  shall  in  all  cases 
be  in  proportion  to  the  value  of  the  services  rendered  and  the- 
duty  performed. 

Sec.  2.  The  legislature  shall  provide  by  law  the  fees  which 
may  be  demanded  by  justices  of  the  peace  and  constables  in 
precincts  having  less  than  fifteen  hundred  population,  and  of 
court  commissioners,  boards  of  arbitration  and  notaries  public, 
which  fees  the  said  officers  shall  accept  as  their  full  compensa- 
tion. But  all  other  state,  county,  city,  town  and  school 
officers  shall  be  required  by  law  to  keep  a  true  and  correct  ac- 
count of  all  fees  collected  by  them,  and  to  pay  the  same  into 
the  proper  treasury  when  collected,  and  the  officer  whose  duty 
it  is  to  collect  such  fees  shall  be  held  responsible,  under  his 
bond,  for  neglect  to  collect  the  same ;  provided,  that  in  addition 
to  the  salary  of  sheriff  they  shall  be  entitled  to  receive  from  the? 
party  for  whom  the  services  are  rendered  in  civil  cases  sucto 
fees  as  may  be  prescribed  by  law. 


CONSTITUTION.  43 

Sec.  3.  The  salaries  of  county  officers  shall  be  fixed  by  law 
within  the  following  limits,  to-wit:  jln  counties  having  an  as- 
sessed valuation  not  exceeding  two  millions  ($2,000,000)  of  dol- 
lars, the  sheriff  shall  be  paid  not  more  than  fifteen  hundred  dol- 
lars per  year.  The  county  clerk  shall  not  be  paid  more  than 
twelve  hundred  ($1,200)  dollars  per  year.  The  county  and  pros- 
ecuting attorney  shall  not  be  paid  more  than  twelve  hundred 
($1,200)  dollars  per  year.  The  county  treasurer  shall  not  be  paid 
more  than  one  thousand  ($1,000)  dollars  per  year.  The  county  as- 
sessor shall  not  be  paid  more  than  one  thousand  ($1,000)  dol- 
lars per  year.  The  county  superintendent  of  schools  shall  not 
be  paid  more  than  five  hundred  ($500)  dollars  per  year. 

In  counties  having  an  assessed  valuation  of  more  than  two 
millions  ($2,000,000)  of  dollars  and  not  exceeding  five  millions 
($5,000,000)  of  dollars,  the  sheriff  shall  not  be  paid  more  than 
two  thousand  ($2,000)  dollars  per  year.  The  county  clerk  shall 
not  be  paid  more  than  eighteen  $(1,800)  dollars  per  year.  The^ 
county  treasurer  shall  not  be  paid  more  than  eighteen  hundred 
($1,800)  dollars  per  year.  The  county  assessor  shall  not  be  paid 
more  than  twelve  hundred  ($1,200)  dollars  per  year.  The 
county  and  prosecuting  attorney  shall  not  be  paid  more  thaa 
fifteen  hundred  ($1,500)  dollars  per  year.  The  county  superin- 
tendent of  schools  shall  not  be  paid  more  than  seven  hundred 
and  fifty  ($750)  dollars  per  year. 

In  counties  having  more  than  five  millions  ($5,000,000)  dol- 
lars assessed  valuation  the  sheriff  shall  not  be  paid  more  than 
two  thousand  ($2,000)dollars  per  year.  The  county  clerk  shall 
not  be  paid  more  than  two  thousand  ($2,000)  dollars  per  year. 
The  county  treasurer  shall  not  be  paid  more  than  two  thousand 
($2,000)  dollars  per  year.  The  county  assessor  shall  not  be  paid 
more  than  fifteen  hundred  ($1,500)  dollars  per  year.  The  county 
and  prosecuting  attorney  shall  not  be  paid  more  than  twenty- 
five  hundred  ($2,500)  dollars  per  year.  The  county  superintend- 
ent of  schools  shall  not  be  paid  more  than  one  thousand  ($1,000) 
dollars  per  year.  The  county  surveyor  in  each  county  shall  re- 
ceive not  to  exceed  eight  ($8.00)  dollars  per  day,  for  each  day 
actually  engaged  in  the  performance  of  the  duties  of  his  office. 

Sec.  4.  The  legislature  shall  provide  by  general  law  for 
such  deputies  as  the  public  necessities  may  require,  and  shall 
fix  their  compensation. 


/44        .  CONSTITUTION. 

Sec.  5.  Any  county  officers  performing  the  duties  usually 
performed  by  the  officers  namod  in  this  article  shall  be  consid- 
ered as  referred  to  by  section  3  of  this  article,  regardless  of  tlie 
title  by  which  their  offices  may  hereafter  be  designated. 

Sec.  6.  Whenever  practicable  the  legislature  may,  and 
whenever  the  same  can  be  done  without  detriment  to  the  pub- 
lic service,  shall  consolidate  offices  in  state,  county  and  mu- 
nicipalities respectively,  and  whenever  so  consolidated,  the  du- 
ties of  such  additional  office  shall  be  performed  under  an  ex- 
officio  title. 


ARTICLE  No.  XV. 

TAXATION  AND  REVENUE. 

.Section  1.  All  lands  and  improvements  thereon  shall  be 
listed  for  assessment,  valued  for  taxation  and  assessed  separ- 
ately. 

Sec.  2.  All  coal  lands  in  the  state  from  which  coal  is  not 
being  mined  shall  be  listed  for  assessment,  valued  for  taxa- 
tion and  assessed  according  to  value. 

Sec.  3.  All  mines  and  mining  claims  from  which  gold,  sil- 
ver and  other  precious  metals,  soda,  saline,  coal,  mineral  oil 
or  other  valuable  deposit,  is  or  may  be  produced,  shall  be  taxed 
in  addition  to  the  surface  improvements,  and  in  lieu  of  taxes 
on  the  lands,  on  the  gross  product  thereof,  as  may  be  prescribed 
by  law;  provided,  that  the  product  of  all  mines  shall  be  taxed 
in  proportion  to  the  value  thereof. 

Sec.  4.  For  stato  revenue  there  shall  be  levied  annually  a 
tax  not  to  exceed  four  mills  on  the  dollar  of  the  assessed  valua- 
tion of  the  property  in  the  state  except  for  the  support  of  state 
educational  and  charitable  institutions,  the  payment  of  the 
state  debt  and  the  interest  thereon. 

Sec.  5.  For  county  revenue  there  shall  be  levied  annually 
a  tax  not  to  exceed  twelve  mills  on  the  dollar  for  all  purposes 
including  general  school  tax,  exclusive  of  state  revenue,  except 
for  the  payment  of  its  public  debt  and  the  interest  thereon. 
An  additional  tax  of  two  dollars  for  each  person  between  the 
ages  of  twenty-one  years  and  fifty  years,  inclusive,  shall  be 
annually  levied  for  county  school  puropses. 


CONSTITUTION.  45. 

Sec.  0.  No  incorporated  city  or  town  shall  levy  a  tax  to 
exceed  eight  mills  on  the  dollar  in  any  one  year,  except  for  the 
payment  of  its  public  debt  and  the  interest  thereon. 

Sec.  7.  All  money  belonging  to  the  state,  or  to  any  county, 
city,  town,  village  or  other  sub-division  therein,  excepr  as  here- 
in otherwise  provided,  shall,  whenever  practicable,  be  depos- 
ited in  a  national  bank  or  banks,  or  in  a  bank  or  hanks  in  cor- 
porated  under  the  laws  of  this  state;  provided  that  the  bank  or 
banks  in  which  such  money  is  deposited  shall  furnish  security 
to  be  approved  as  provided  by  law,  and  shall  also  pay  a  reason- 
able rate  of  interest  thereon.  Such  interest  shall  accrue  to  the 
fund  from  which  it  is  derived. 

Sec.  8.  The  making  of  profit,  directly  or  indirectly,  out  of 
state,  county,  city,  town  or  school  district  money  or  other  pub- 
lic fund,  or  using  the  same  for  any  purpose  not  authorized 
by  law,  by  any  public  officer,  shall  be  deemed  a  felony,  and  shall 
be  punished  as  provided  by  law. 

Sec.  9.  There  shall  be  a  state  board,  composed  of  the  state 
auditor,  treasurer  and  secretary  of  state. 

Sec.  10.  The  duties  of  the  state  board  shall  be  as  follows: 
To  fix  a  valuation  each  year  for  the  assessment  of  live  stock 
and  to  notify  the  several  county  boards  of  equalization  of  the 
rate  so  fixed  at  least  ten  (10)  days  before  the  day  fixed  for  be- 
ginning assessments;  to  assess  at  their  actual  value  the  fran- 
chises, roadway,  roadbed,  rails  and  rolling  stock  and  all  other 
property  used  in  the  operation  of  all  railroads  and  other  com- 
mon carriers,  except  machine  shops,  rolling  mills  and  hotels 
in  this  state;  such  assessed  valuation  shall  be  apportioned  to 
the  counties  in  which  said  roads  and  common  carriers  are  lo- 
cated, as  a  basis  for  taxation  of  such  property;  provided,  that 
the  assessment  so  made  shall  not  apply  to  incorporated  towns 
and  cities.  Said  board  shall  also  have  power  to  equalize  the 
valuation  on  all  property  in  the  several  counties  for  the  state 
revenue  and  such  other  duties  as  may  be  prescribed  by  law. 

Sec.  11.  All  property,  except  as  in  this  constitution  other- 
wise provided,  shall  be  uniformly  assessed  for  taxation,  and 
the  legislature  shall  prescribe  such  regulations  as  shall  secure 
a  just  valuation  for  taxation  of  all  property,  real  and  personal. 
Sec.  12.  The  property  of  the  Unite4  Stales,  the  state, 
counties,  cities,  towns,  school  districts,  municipal  corpora- 


46 


CONSTITUTION. 


tions  and  public  libraries,  lots  with,  the  buildings  thereon  used 
exclusively  for  religious  worship,  church  parsonages,  public 
•cemeteries,  shall  bo  exempt  from  taxation,  and  such  other  prop- 
erty as  the  legislature  may  by  general  law  provide. 

Sec.  13.  No  tax  shall  be  levied,  except  in  pursuance  of  law, 
and  every  law  imposing  a  tax  shall  state  distinctly  the  object 
of  the  same,  to  which  only  it  shall  be  applied. 

Sec.  14.  The  power  of  taxation  shall  never  be  surrendered 
•or  suspended  by  any  grant  or  contract  to  which  the  state  or 
•any  county  or  other  municipal  corporation  shall  be  a  party. 


ARTICLE  No.  XVI. 

PUBLIC  INDETEDNESS. 

Section  1.  The  state  of  Wyoming  shall  not,  in  any  manner, 
create  any  indebtedness  exceeding  one  per  centum  on  the  as- 
sessed value  of  the  taxable  property  in  the  state,  as  shown  by 
the  last  general  assessment  for  taxation,  preceding;  except  to 
suppress  insurrection  or  to  provide  for  the  public  defense. 

Sec.  2.  No  debt  in  excess  of  the  taxes  for  the  current  year, 
shall  in  any  manner  be  created  in  the  state  of  Wyoming,  unless 
the  proposition  to  create  such  debt  shall  have  been  submitted 
to  a  vote  of  the  people  and  by  them  approved;  except  to  sup- 
press insurrection  or  to  provide  for  the  public  defense. 

Sec.  3.  No  county  in  the  state  of  Wyoming  shall  in  any 
manner  create  any  indebtedness,  exceeding  two  per  centum 
on  the  assessed  value  of  taxable  property  in  such  county,  as 
shown  by  the  last  general  assessment,  preceding;  provided, 
however,  that  any  county,  city,  town,  village  or  other  sub- 
division thereof  in  the  state  of  Wyoming,  may  bond  its  public 
debt  existing  at  the  time  of  the  adoption  of  this  constitution, 
in  any  sum  not  exceeding  four  per  centum  on  the  assessed  value 
of  the  taxable  property  in  such  county,  city,  town,  village  or 
other  sub-division,  as  shown  by  the  last  general  assessment  for 
taxation. 

Sec.  4.  iNo  debt  in  excess  of  the  taxes  for  the  current  year 
shall,  in  any  manner,  be  created  by  any  county  or  ^sub-di vision 


CONSTITUTION.  47 

thereof,  or  any  city,  town  or  village,  or  any  sub-division 
thereof  in  the  state  of  Wyoming,  unless  the  proposition  to  cre- 
ate such  debt  shall  have  been  submitted  to  a  vote  of  the  people 
thereof  and  by  them  approved. 

Sec.  5.  No  city,  town  or  village,  or  any  sub-division  thereof, 
or  any  sub-division  of  any  county  of  the  state  of  Wyoming, 
shall,  in  any  -manner,  create  any  indebtedness  exceeding  two 
per  centum  on  the  assessed  value  of  the  taxable  property  there- 
in; provided,  however,  that  any  city,  town  or  village  may  be 
authorized  to  create  an  additional  indebtedness,  not  exceeding 
four  per  centum  on  the  assessed  value  of  the  taxable  property 
therein  as  shown  by  the  last  preceding  general  assessment, 
for  the  purpose  of  building  sewerage  therein.  Debts  contracted 
for  supplying  water  to  such  city  or  town  are  excepted  from,  the 
operation  of  this  section. 

Sec.  6.  Neither  the  state  nor  any  county,  city,  township, 
town,  school  district,  or  any  other  political  sub-division,  shall 
Itfan  or  give  its  credit  or  make  donations. to  or  in  aid  of  any 
individual,  association  or  corporation,  except  for  necessary  sup- 
port of  the  poor,  nor  subscribe  to  or  become  the  owuev  t-f  tbe 
capital  stock  of  any  association  or  corporation.  The  state 
shall  not  engage  in  any  work  of  internal  improvement  unless 
.authorized  by  a  two-thirds  vote  of  the  people. 

Bee.  7.  No  money  shall  be  paid  out  of  the  state  treasury 
•except  upon  appropriation  by  law  and  on  warrant  drawn  by 
the  proper  officer,  and  no  bills,  claims,  accounts  or  demands 
against  the  state,  or  any  county  or  political  sub-division,  shall 
be  audited,  allowed  or  paid  until  a  full  itemized  statement  in 
writing,  verified  by  affidavit,  shall  be  filed  with  the  officer  or 
officers  whose  duty  it  may  be  to  audit  the  same. 

Sec.  8.  No  bond  or  evidence  of  indebtedness  of  the  state 
shall  be  valid  unless  the  same  shall  have  endorsed  thereon  ti 
certificate  signed  by  the  auditor  and  secretary  of  state  that  the 
bond  or  evidence  of  debt  is  issued  pursuant  to  law  and  is  with- 
in the  debt  limit.  No  bond  or  evidence  of  debt  of  any  county, 
-or  bond  of  any  township  or  other  political  subdivision,  shall  be 
valid  unless  the  same  shall  have  endorsed  thereon  a  certificate 
•signed  by  the  county  auditor  or  other  officer  authorized  by  law 
to  sign  such  certificate,  stating  that  said  bond  or  evidence  of 
•debt  is  issued  pursuant  to  law  and  is  within  the  debt  limit. 


48  ~  CONSTITUTION. 

ARTICLE  No.  XVII. 

STATE  MILITIA. 

Section  1.  The  militia  of  the  state  shall  consist  of  all  able 
bodied  male  citizens  of  the  state,  between  the  ages  of  eighteen 
and  forty -five  years;  except  such  as  are  exempted  by  the  law 
of  the  United  States  or  the  state.  But  all  such  citizens  hav- 
ing scruples  of  conscience  averse  to  bearing  arms  shall  be 
excused  therefrom  upon  such  conditions  as  shall  be  prescribed 
by  law. 

Sec.  2.  The  legislature  shall  provide  by  law  for  the  en- 
rollment, equipment  and  discipline  of  the  militia  to  corform  as 
nearly  as  practicable  to  the  regulations  for  the  government  of 
the  armies  of  the  United  States. 

Sec.  3.  All  militia  officers  shall  be  commissioned  by  the 
governor,  the  manner  of  their  selection  to  be  provided  by  law, 
and  may  hold  their  commissions  for  such  period  of  time  as 
the  legislature  may  provide. 

Sec.  4.  No  military  organization  under  the  laws  of  the 
state  shall  carry  any  banner  or  flag  representing  any  sect  or 
society  or  the  flag  of  any  nationality  but  that  of  the  United 
States. 

Sec.  5.  The  governor  shall  be  commander-iii-chief  of  all 
the  military  forces  of  the  state,  and  shall  have  power  to  call 
out  the  militia  to  preserve  the  public  peace,  to  execute  the 
laws  of  the  state,  to  suppress  insurrection  or  repel  invasion. 


ARTICLE  No.  XVIII. 
PUBLIC  LANDS  AND  DONATIONS. 

Section  1.  The  state  of  Wyoming  hereby  agrees  to  accept 
the  grants  of  land  heretofore  made,  or  that  may  be  hereafter 
made  by  the  United  States  to  the  state,  for  educational  pur- 
poses, for  public  buildings  and  institutions  and  for  other  ob- 
jects, and  donations  of  money  with  the  conditions  and  limita- 
tions that  may  be  imposed  by  the  act  or  acts  of  congress,  mak- 
ing such  grants  or  donations.  Such  lands  shall  be  disposed  of 
only  at  public  auction  to  the  highest  responsible  bidder,  after 


CONSTITUTION.  49 

having  been  duly  appraised  by  the  land  commissioners,  at  not 
less  than  three-fourths  of  the  appraised  value  thereof,  and  for 
not  less  than  f  10  per  acre;  provided,  that  in  case  of  a-ctual  and 
bona  fide  settlement  and  improvement  thereon  at  the  time  of 
the  adoption  of  this  constitution,  such  actual  settler  shall  have 
the  preference  right  to  purchase  the  land  whereon  he  may  have 
settled,  not  exceeding  160  acres  at  a  sum  not  less  than  the 
appraised  value  thereof,  and  in  making  such  appraisement  the 
value  of  improvements  shall  not  be  taken  into  consideration. 
If,  at  any  time  hereafter,  the  United  States  shall  grant  any 
arid  lands  in  the  state  to  the  state,  on  the  condition  that  the 
state  reclaim  and  dispose  of  them  to  actual  settlers,  the  leg- 
islature shall  be  authorized  to  accept  such  arid  lands  on  such 
conditions,  or  other  conditions,  if  the  same  are  practicable 
and  reasonable. 

Sec.  2.  The  proceeds  from  the  sale  and  rental  of  all  lands 
and  other  property  donated,  granted  or  received,  or  that  may 
hereafter  be  donated,  granted  or  received,  from  the  United 
States  or  any  other  source,  shall  be  inviolably  appropriated 
and  applied  to  the  specific  purposes  specified  in  the  original 
grant  or  gift. 

Sec.  3.  The  governor,  superintendent  of  public  instruc- 
tion and  secretary  of  state,  shall  constitute  a  board  of  land 
commissioners  who,  under  such  regulations  as  may  be  provided 
by  law,  shall  have  the  direction,  control,  disposition  and  care 
of  all  lands  that  have  beo-n  heretofore  or  may  hereafter  be 
granted  to  the  state. 

Sec.'  4.  The  legislature  shall  enact  the  necessary  laws  for 
the  sale,  disposal,  leasing  or  care  of  all  lands  that  have  been 
or  may  hereafter  /be  granted  to  the  state,  and  shall,  at  the 
earliest  practicable  period,  provide  by  law  for  the  location 
and  selection  of  all  lands  that  have  been  or  may  hereaf- 
ter be  granted  by  congress  to  the  state,  and  shall  pass  lawrs  for 
the  suitable  keeping,  transfer  and  disbursement  of  the  land 
grant  funds,  and  shall  require  of  all  officers  charged  with  the 
same  of  the  safe  keeping  thereof  to  give  ample  bonds  for  all 
moneys  and  funds  received  by  them. 

Sec.  5.  Except  a  preference  right  to  buy  as  in  this  consti- 
tution otherwise  provided,  no  law  shall  ever  be  passed  by  the 
legislature  granting  any  privileges  to  persons  who  may 

have  settled  upon  any  of  the  school  lands  granted  .to  the  state 
—  4 


50  CONSTITUTION. 

subsequent  to  the  survey  thereof  by  the  general  government, 
by  which  the  amount  to  be  derived  by  the  sale,  or  other  dispo- 
sition of  .such  lands,  shall  be  diminished  directly  or  indirectly. 
Sec.  6.  If  any  portion  of  the  interest  or  income  of  the  per- 
petual school  fund  be  not  expended  during  any  year,  said  por- 
tion shall  be  added  to  and  become  a  part  of  the  said  school 
fund. 


AKTICLE  No.  XIX. 

MISCELLANEOUS. 
LIVE  STOCK. . 

Section  1.  The  legislature  shall  pass  all  necessary  laws  to 
provide  for  the  protection  of  live  stock  against  the  introduc- 
tion or  spread  of  pleuro-pneumonia,  glanders,  splenetic  or 
Texas  fever,  and  other  infectious  or  contagious  diseases.  The 
legislature  shall  also  establish  a  system  of  quarantine,  or  in- 
spection, and  such  other  regulations  as  may  be  necessary  for 
the  protection  of  stock  owners,  and  most  conducive  to  the  stock 
interests  within  the  state. 

CONCERNING    LABOR. 

Section  1.  Eight  (8)  hours  actual  work  shall  constitute  a 
lawful  day's  work  in  all  mines,  and  on  all  state  and  municipal 
works. 

LABOR    ON    PUBLIC    WORKS. 

Section.  1.  No  person  not  a  citizen  of  the*United  States 
or  who  has  not  declared  his  intention  to  become  such,  shall 
be  employed  upon  or  in  connection  with  any  state,  county  or 
municipal  works  or  employment. 

Sec.  2.  The  legislature  shall,  by  appropriate  legislation, 
see  that  the  provisions  of  the  foregoing  section  are  enforced. 


CONSTITUTION. 


BOARDS,  OF    ARBITRATION. 

Section  1.  The  legislature  shall  establish  courts  of  arbi- 
tration, whose  duty  it  shall  be  to  hear,  and  determine  all  dif- 
ferences, and  controversies  between  organizations  or  associa- 
tions of  laborers,  and  their  employers,  which  shall  be  submitted 
to  them  in  such  manner  as  the  legislature  may  provide. 

POLICE  POWERS. 

Section  L  No  armed  police  force,  or  detective  agency,  or 
armed  body,  or  unarmed  body  of  men,  shall  ever  be  brought 
into  this  state,  for  the  suppression  of  domestic  violence,  except 
upon  the  application  of  the  legislature,  or  executive,  when  the 
legislature  cannot  be  convened. 

LABOR    CONTRACTS. 

Section  1.  It  shall  be  unlawful  for  any  person,  company  or 
corporation,  to  require  its  servants  or  employes  as  a  condi- 
tion of  their  employment,  or  otherwise,  any  contract  or  agree- 
ment, whereby  such  person2  company  or  corporation  shall  bt> 
released  or  discharged  from  liability  or  responsibility,  on  ac- 
count of  personal  injuries  received  by  such  servants  or  em- 
ployes, while  in  the  service  of  such  person,  company  or  corpo/ 
ration,  by  reason  of  the  negligence  of  such  person,  company  or 
corporation,  or  tlie  agents  or  employes  thereof,  and  such  con- 
tracts shall  *be  absolutely  null  and  void. 

ARBITRATION. 

Section  1.  The  legislature  may  provide  by  law  for  the  vol- 
untary submission  of  differences  to  arbitrators  for  determina- 
tion, and  said  arbitrators  shall  have  such  powers  and  duties 
as  may  be  prescribed  by  law,  but  they  shall  have  no  power  to 
Tender  judgment  to  be  obligatory  on  parties,  unless  they  volun- 
tarily submit  their  matters  of  difference  and  agree  to  abide  by 
the  judgment  of  such  arbitrators. 

HOMESTEADS. 

Section  1.  A  homestead  as  provided  by  law  shall  be  ex- 
empt from  forced  sale  under  any  process  of  law,  and  shall  not 


52  CONSTITUTION. 

be  alienated  without  the  joint  consent  of  husband  and  wife, 
when  that  relation  exists;  but  no  property  shall  be  exempt 
from  sale  for  taxes,  or  for  the  payment  of  obligations  con- 
tracted for  the  purchase  of  said  premises,  or  for  the  erection  of 
improvements  thereon. 


AKTICLE  No.  XX, 

AMENDMENTS. 

Section  1.  Any  amendment  or  amendments  to  this  consti- 
tution may  be  proposed  in  either  branch  of  the  legislature,  and,, 
if  the  same  shall  be  agreed  to  by  two-thirds  of  all  the  mem- 
bers of  each  of  the  two  houses,  voting  separately,  such  proposed 
amendment  or  amendments  shall,  with  the  yeas  and  nays  there- 
on, be  entered  on  their  journals,  and  it  shall  be  the  duty  of  the 
legislature  to  submit  such  amendment  or  amendments  to  the* 
electors  of  the  state  at  the  next  general  election,  and  cause  the 
same  to  be  published  without  delay  for  at  least  twelve  (12) 
consecutive  weeks,  prior  to  said  election,  in  at  least  one  news- 
paper of  general  circulation,  published  in  each  county,  and  if 
a  majority  of  the  electors  shall  ratify  the  same,  such  amend- 
ment or  amendments  shall  become  a  part  of  this  constitu- 
tion. 

Sec.  2.  If  two  or  more  amendments  are  proposed,  they 
shall  be  submitted  in  such  manner  that  the  electors  shall  vote 
for  or  against  each  of  them  separately. 

Sec.  3.  Whenever  two-thirds  of  the  members  elected  to 
each  branch  of  the  legislature  shall  deem  it  necessary  to  call 
a  convention  to  revise  or  amend  this  constitution,  they  shall 
recommend  to  the  electors  to  vote  at  the  next  general  election 
for  or  against  a  convention,  and  if  a  majority  of  all  the  elec- 
tors voting  at  such  election  shall  have  voted  for  a  convention, 
the  legislature  shall  at  the  next  session  provide  by  law  for  call- 
ing the  same ;  and  such  convention  shall  consist  of  a  number  of 
members,  not  less  than  double  that  of  the  most  numerous 
branch  of  the  legislature. 


CONSTITUTION. 


53 


Sec.  4.  Any  constitution  adopted  by  such  convention  shall 
have  no  validity  until  it  has  been  submitted  to  and  adopted  by 
the  people. 


ARTICLE  No.  XXI. 

SCHEDULE. 

Section  1.  That  no  inconvenience  may  arise  from  a  change 
of  the  territorial  government  to  a  permanent  state  government, 
it  is  declared  that  all  writs,  actions,  prosecutions,  claims,  lia- 
bilities and  obligations  against  the  -territory  of  Wyoming,  of 
whatever  nature,  and  rights  of  individuals,  and  of  bodies  cor- 
porate, shall  continue  as  if  no  change  had  taken  place  in  this 
government,  and  all  process  which  may,  before  the  organization 
of  the  judicial  department  under  this  constitution,  be  issued 
under  the  authority  of  the  territory  of  Wyoming,  shall  be  as 
valid  as  if  issued  in  the  name  of  the  state. 

Sec.  2.  All  property,  real  and  personal,  and  all  moneys, 
credits,  claims  and  choses  in  action,  belonging  to  the  territory 
of  Wyoming,  at  the  time  of  the  adoption  of  this  constitution, 
shall  be  vested  in  and  become  the  property  of  the  state  of 
Wyoming. 

Sec.  3.  All  laws  now  in  force  in  the  territory  of  Wyoming, 
which  are  not  repugnant  to  this  constitution,  shall  remain  in 
force  until  they  expire  by  their  own  limitation,  or  be  altered  or 
repealed  by  the  legislature. 

Sec.  4.  All  fines,  penalties,  forfeitures  and  escheats,  ac- 
cruing to  the  territory  of  Wyoming,  shall  accrue  to  the  use  of 
the  state. 

Sec.  5.  All  recognizances,  bonds,  obligations  or  other  un- 
dertakings heretofore  taken,  or  which  may  be  taken  before  the 
organization  of  the  judicial  department  under  this  constitu- 
tion shall  remain  valid,  and  shall  pass  over  to  and  may  be  pros- 
ecuted in  the  name  of  the  state,  and  all  bonds,  obligations  or 
other,  undertakings  executed  to  this  territory,  or  to  any  officer 
in  his  official  capacity,  shall  pass  over  to  the  proper  state  au- 


54  CONSTITUTION. 

thority  and  to  their  successors  in  office,  for  the  uses  therein  re- 
spectively expressed,  and  may  be  sued  for  and  recovered  accord- 
ingly. All  criminal  prosecutions  and  penal  actions  which  have 
arisen  or  which  may  arise  before  the  organization  of  the  judi- 
cial department  under  this  constitution,  and  which  shall  then 
be  pending,  may  be  prosecuted  to  judgment  and  execution  in 
the  name  of  the  state. 

Sec.  6.  All  officers,  civil  and  military,  holding  their  offices 
and  appointments  in  this  territory,  under  the  authority  of  the 
United  States  or  under  the  authority  of  this  territory,  shall 
continue  to  hold  and  exercise  their  respective  offices  and  ap- 
pointments until  suspended  under  this  constitution. 

Sec.  7.  This  constitution  shall  be  submitted  for  adoption 
or  rejection  to  a  vote  of  the  qualified  electors  of  this  territory, 
at  an  election  to  be  held  on  the  first  Tuesday  in  November, 
A.  D.,  1889.  Said  election,  as  nearly  as  may  be,  shall  be  con- 
ducted in  all  respects  in  the  same  manner  as  provided  by  the 
laws  of  the  territory  for  general  elections,  and  the  returns 
thereof  shall  be  made  to  the  secretary  of  said  territory, 
who  with  the  governor  and  chief  justice  thereof,  or  any  two  of 
them,  shall  canvass  the  same,  and  if  a  majority  of  the  legal 
votes  cast  shall  be  for  the  constitution  the  governor  shall  cer- 
tify the  result  to  the  president  of  the  United  States,  together 
with  a  statement  of  the  votes  cast  thereon  and  a  copy  of  saiu 
constitution,  articles,  propositions  and  ordinances.  At  the  said 
election  the  ballots  shall  be  in  the  following  form:  "For  the 
constitution — Yes.  No."  And  as* a  heading  to  each  of  said 
ballots,  shall  be  printed  on  each  ballot  the  following  instruc- 
tions to  voters:  "All  persons  who  desire  to  vote  for  the  consti- 
tution may  erase  the  word  'No.'  All  persons  who  desire  to  vote 
against  the  constitution  may  erase  the  word  'Yes.' "  Any  per- 
son may  have  printed  or  written  on  his  ballot  only  the  words: 
"For  the  Constitution,"  or  "Against  the  Constitution,"  and  such 
ballots  shall  be  counted  for  or  against  the  constitution  accord- 
ingly. 

Sec.  8.  This  constitution  shall  take  effect  and  be  in  full 
force  immediately  upon  the  admission  of  the  territory  as  a 
state. 

Sec.  9.  Immediately  upon  the  admission  of  the  territory  as 
a  state,  the  governor  of  the,  territory,  or  in  case  of  his  absence 
or  failure  to  act,  the  secretary  of  the  territory'  or  in  case  of  his 


CONSTITUTION. 


55 


absence  or  failure  to  act,  the  president  of  this  convention  shall 
issue  a  proclamation,  which  shall  be  published  and  a  copy  therof 
mailed  to  the  chairman  of  the  board  of  county  commissioners 
of  each  county,  calling  an  election  by  the  people  for  all  state, 
district  and  other  officers,  created  and  made  elective  by  this 
constitution,  and  fixing  a  day  for  such  election,  which  shall  not 
be  less  than  forty  days  after  the  date  of  such  proclamation 
nor  more  than  ninety  days  after  the  admission  of  the  territory 
as  a  state. 

Sec.  10.  The  board  of  commissioners  of  the  several  counties 
shall  thereupon  order  such  election  for  saicl  day,  and  shall  cause 
notice  thereof  to  be  given,  in  the  manner  and  for  the  length  of 
time  provided  by  the  laws  of  the  territory  in  cases  of  general 
elections  for  delegate  to  congress,  and  county  and  other  offi- 
cers. Every  qualified  elector  of  the  territory  at  the  date  of 
said  election  shall  be  entitled  to  vote  thereat.  Said  election 
shall  be  conducted  in  all  respects  in  the  same  manner  as  pro- 
vided by  the,  laws  of  the  territory  for  general  elections,  and  the 
returns  thereof  shall  be  made  to  the  canvassing  board  herein- 
after provided  for. 

Sec.  11.  The  governor,  secretary  of  the  territory  and  presi- 
dent of  this  convention,  or  a  majority  of  them,  shall  constitute 
a  board  of  canvassers  to  canvass  the  vote  of  such  election  for 
member  of  congress,  all  state  and  district  officers  and  members 
of  the  legislature.  The  said  board  shall  assemble  at  the  seat 
of  government  of  the  territory  on  the  thirtieth  day  after  the 
day  of  such  election  (or  on  the  following  day  if  such  day  fall  on 
Sunday)  and  proceed  to  canvass  the  votes  for  all  state  and  dis- 
trict officers  and  members  of  the  legislature,  in  the  manner  pro- 
vided by  the  laws  of  the  territory  for  canvassing  the  vote  for 
delegate  to  congress,  and  they  shall  issue  certificates  of  elec- 
tion to  the  persons  found  to  be  elected  to  said  offices,  severally, 
and  shall  make  and  file  with  the  secretary  of  the  territory  an 
abstract  certified  by  them  of  the  number  of  votes  cast  for  each 
person,  for  each  of  said  offices,  and  of  the  total  number  of  votes 
cast  in  each  county. 

Sec.  12.  All  officers  elected  at  such  election,  evcept  mem- 
beys  of  the  legislature  shall,  within  thirty  days  after  they  have 
been  declared  elected,  take  the  oath  required  by  this  consti- 
tution, and  give  the  same  bond  required  by  the  law  of  the  ter- 
ritory or  district,  and  shall  thereupon  enter  upon  the  duties  ot 


5  6  CONSTITUTION. 

thteir  respective  offices ;  but  the  legislature  may  require  by  law 
all  such  officers  to  give  other  or  further  bonds  as  a  condition 
of  their  continuance  in  office. 

Sec.  13.  The  governor  elect  of  the  state,  immediately  upon 
his  qualifying  and  entering  upon  the  duties  of  his  office,  shall 
issue  his  proclamation  convening  the  legislature  of  the  state  at 
the  seat  of  government,  on  a  day  to  be  named  in  said  proclama- 
tion, and  which  shall  not  be  less  than  thirty  nor  more  than  sixty 
days  after  the  date  of  such  proclamation.  Within  ten  days  af- 
ter the  organization  of  the  legislature,  both  houses  of  the  legis- 
lature, in  joint  session,  shall  then  and  there  proceed  to  elect, 
as  provided  by  law,  two  senators  of  the  United  States  for  the 
state  of  Wyoming.  At  said  election  the  two  persons  who  shall 
receive  the  majority  of  all  the  votes  cast  by  said  senators  and 
representatives  shall  be  elected  as  such  United  States  senators, 
and  shall  be  so  declared  by  the  presiding  officers  of  said  joint 
session.  The  presiding  officers  of  the  senate  and  house  shall 
issue  a  certificate  to  each1  of  said  senators  certifying  his  elec- 
tion, which  certificate  shall  also  be  signed  by  the  governor  and 
attested  by  the  secretary  of  state. 

Sec.  14.  The  legislature  shall  pass  all  necessary  laws  to 
carry  into  effect  the  provisions  of  this  constitution. 

Sec.  15.  Whenever  any  two  of  the  judges  of  the  supreme 
court  of  the  state,  elected  under  the  provisions  of  this  consti- 
tution, shall  have  qualified  in  their  offices,  the  causes  then  pend- 
ing in  the  supreme  court  of  the  territory,  and  the  papers,  rec- 
ords and  proceedings  of  said  court^  and  the  seal  and  other  prop- 
erty pertaining  thereto,  shall  pass  into  the  jurisdiction  and  pos- 
session of  the  supreme  court  of  the  state ;  and  until  so  superced- 
efd  the  supreme  court  of  the  territory  and  the  judges  thereof 
shall  continue  with  like  power,-,  and  jurisdiction,  as  if  this  con» 
stitution  had  not  been  adopted.  Whenever  the  judge  of  the  dis- 
trict court  of  any  district,  elected  under  the  provisions  of  this 
constitution,  shall  have  qualified  in  office,  the  several  causes 
then  pending  in  the  district  court  of  the  territory,  writhin  any 
county  in  such  district,  and  the  records,  papers  and  proceed- 
ings of  said  district  court  and  the  seal  and  other  property  per- 
taining thereto,  shall  pass  into  tho>  jurisdiction  and  possession 
of  the  district  court  of  the  state  for  such  county;  and  until  the 
district  courts  of  this  territory  shall  be  superceded  in  the  man- 
ner aforesaid  the  said  district  courts  and  the  judges  thereof  shall 


CONSTITUTION.  57 

-continue  with  the  same  jurisdiction  and  power  to  be  exercised 
in  the  same  judicial  districts  respectively  as  heretofore  consti- 
tuted under  the  laws  of  the  territory. 

Sec.  16«  Until  otherwise  provided  by  law  the  seals  now  in 
use  in  the  supreme  and  district  courts  of  this  territory  are  here- 
by declared  to  be  the  seals  of  the  supreme  and  districts  courts 
respectively,  of  the  state. 

Sec.  17.  Whenever  this  constitution  shall  go  into  effect, 
records  and  papers  and  proceedings  of  the  probate  court  in 
^each  county,  and  all  causes  and  matters  of  administration  ana 
other  maters  pending  therein,  shall  pass  into  the  jurisdiction 
and  possession  of  the  district  court  of  the  same  county,  and  the 
said  district  court  shall  proceed  to  final  decree  or  judgment 
order  or  other  determination  in  the  said  several  matters  and 
causes,  as  the  said  probate  court  might  have  done  if  this  con- 
stitution had  not  been  adopted. 

Sec.  18.  Senators  and  members  of  the  house  of  representa- 
tives shall  be  chosen  by  the  qualified  electors  of  the  several 
-senatorial  and  representative  districts  as  established  in  this 
constitution,  until  such  districts  shall  be  changed  by  law,  and 
thereafter  by  the  qualified  electors  of  the  several  districts  as 
the  same  shall  be  established  by  law. 

Sec.  19.  All  county  and  precinct  officers  who  may  be  in 
office  at  the  time  of  the  adoption  of  this  constitution,  shall  hold 
their  respective  offices  for  the  full  time  for  which  they  may  have 
been  elected,  and  until  such  time  as  their  successors  may  be 
elected  and  qualified,  as  maybe  provided  bylaw,  and  the  offi- 
cial bonds  of  all  such  officers  shall  continue  in  full  force  and 
effect  as  though  this  constitution  had  not  been  adopted. 

Sec.  20.  Members  of  the  legislature  and  all  state  officers, 
district  and  supreme  judges  elected  at  the  first  election  held 
under  this  constitution  shall  hold  their  respective  offices  for  the 
full  term  next  ensuing  such  election,  in  addition  to  the  period 
Intervening  between  the  date  of  their  qualification  and  the  com- 
mencement of  such  full  term. 

Sec.  21.  If  the  first  session  of  the  legislature  under  this 
constitution  shall  be  concluded  within  twelve  months  of  the 
time  designated  for  a  regular  session  thereof,  then  the  next 
regular  session  following  said  special  session  shall  be  omitted. 


58  CONSTITUTION. 

Sec.  22.  The  first  regular  election  that  would  otherwise 
occur  following  the  first  session  of  the  legislature,  shall  be 
omitted,  and  all  county  and  precinct  officers  elected  at  the  first 
election  held  under  this  constitution  shall  hold  their  office  for 
the  full  term  thereof,  commencing  at  the  expiration  of  the 
term  of  the  county  and  precinct  officers  then  in  office,  or  the 
date  of  their  qualification. 

Sec4.  23.  This  convention  does  hereby  declare  on  behalf  of 
the  people  of  the  territory  of  Wyoming,  that  this  constitution 
has  been  prepared  and  submitted  to  the  people  of  the  territory 
of  Wyoming  for  their  adoption  or  rejection,  with  no  purpose  of 
setting  up  or  organizing  a  state  government  until  such  time  as 
the  congress  of  the  United  States  shall  enact  a  law  for  the 
admission  of  the  territory  of  Wyoming  as  a  state  under  its 
provisions. 

ORDINANCES. 

Tho  following  article  shall  be  irrevocable  without  the  con- 
sent of  the  United  States  and  the  people  of  this  state : 

Section  1.  The  State  of  Wyoming  is  an  inseparable  part 
of  the  Federal  Union  and  the  constitution  of  the  United  States 
is  the  supreme  law  of  the  land. 

Sec.  2.  perfect  toleration  of  religious  sentiment  shall  be 
secured,  and  no  inhabitant  of  this  state  shall  ever  jbe  molested 
in  person  or  property  on  account  of  his  or  her  mode  of  religious 
worchip. 

Sec.  3.  The  people  inhabiting  this  state  do  agree  and  de- 
clare that  they  forever  disclaim  all  right  and  title  to  the  un- 
appropriated public  lands  lying  within  the  boundaries  thereof, 
and  to  all  lands  lying  within  said  limits  owned  or  held  by  any  In- 
dian or  Indian  tribes,  and  that  until  the  title  thereto  shall  have 
been  extinguished  by  the  United  States,  the  same  shall  be  and 
remain  subject  to  the  disposition  of  the  United  States  and 
that  said  Indian  lands  shall  remain  under  the  absolute  jur  si  dic- 
tion and  control  of  the  congress  of  the  United  States;  that 
the  lands  belonging  to  citizens  of  the  United  States  residing 
without  this  state  shall  never  bo  taxed  at  a  higher  rate  than  the 
lands  belonging  to  residents  of  this  state;  that  no  taxes  shall  be 
imposed  by  this  state  on  lands  or  property  therein,  belonging 
to,  or  which  may  hereafter  be  purchased  by  the  United  States, 
or  reserved  for  its  use.  But  nothing  in  this  article  shall  pre- 


CONSTITUTION.  ^ 

elude  this  state  from  taxing  as  other  lands  are  taxed,  any  lands 
owned  or  held  by  any  Indian  who  has  severed  Ms  tribal  rela- 
tions, and  has  obtained  from  the  United  States  or  from  any 
person,  a  title  thereto,  by  patent  or  other  grant,  save  and  ex- 
cept such,  lands  as  have  been  or  may  be  granted  to  any  Indian 
or  Indians  under  any  acts  of  congress  containing  a  provision 
exempting  the  lands  thus  granted  from  taxation,  which  last 
mentioned  lands  shall  be  exempt  from  taxation  so  long*  and  to 
such  an  extent,  as  is,  or  may  be  provided  in  the  act  of  congress 
granting  the  same. 

Sec.  4.  All  debts  and  liabilities  of  the  territory  of  Wyo- 
ming  shall  be  assumed  and  paid  by  this  state. 

Sec.  5.  The  legislature  shall  make  laws  for  the  establish- 
ment and  maintenance  of  systems  of  public  schools  which  shall 
be  open  to  all  the  children  of  the  state  and  free  from  sectarian 
control. 

Done  in  open  convention,  at  the  City  of  Cheyenne,  in  the 
Territory  of  Wyoming,  this  30th  day  of  September  in  the  year 
our  Lord  one  thousand  eight  hundred  and  eighty-nine.  „ 

Attest: 
JOHN  K.  JEFFREY, 

Secretary. 

MELVILLE  C.  BROWN,  President. 

JOHN  K.  JEFFREY,  Sesretary. 

GEO.  W.  BAXTER. 

A.  C.  CAMPBELL. 

J.  A.  CASEBEER, 

C.  D.  CLARK. 

HENRY  A.  COFFEEN. 

ASBURY  B.  CONAWAY. 

HENRY  S.  ELLJIOTT. 

MORTIMER  N.  GRANT. 

HENRY  G.  HAY. 

FREDERICK  H.  HARVEY. 

MARK  HOPKINS. 

JOHN  W.  HOYT. 

WM.  C.  IRVINE. 

JAMES  A.  JOHNSTON. 

JESSE  KNIGHT. 

ELLIOTT  S.  N.  MORGAN. 


<6o  CONSTITUTION. 


EDWARD  J.  MORRIS. 
JOHN  M.  McCANDLISH. 
HERMAN  F.  MENOUGH. 

CALEB  p.  ORGAN! 

LOUIS  J.  PALMER. 

C.  W.  HOLDEN. 

H.  G.  NICKERSON. 
A.  L.  SUTHERLAND. 
W.  E.  CHAPLIN. 
JONATHAN  JONES. 
JOHN  L.  RUSSELL. 
GEO.  W.  FOX. 
FRANK  M.  FOOTE. 
CHAS.  H.  BURRITT. 
CHAS.  N.  POTTER. 

D.  A.  PRESTON. 
JOHN  A.  RINER. 
GEO.  C.  SMITH. 

H.  E.  TESCHEMACHER. 
C.  L.  VAGNER, 
THOS.  R.  REED. 
ROBERT  C.  BUTLER. 
C.  W.  BURDICK. 
DE  FORREST  RICHARDS. 
MEYER  FRANK. 
M.  C.  BAEROW. 
RICHARD  H.  SCOTT. 


INDEX 


TO 


JOURNAL  AND  DEBATES 


OF  THK 


OF 


\VYOMING. 


NOTE. — The  "Index  to  Members"  contains  reference,  by 
pages,  to  all  motions,  amendments  and  resolutions  made  and  sub- 
mitted in  convention  and  committee  of  the  whole,  and  to  all  re- 
marks, except  those  of  a  perfunctory  character  incident  to  the 
routine  duties  of  the  presiding  officer.  To  find  remarks  of  a  mem- 
ber on  any  given  subject  refer  to  "Topics  of  Debate"  for  pages  on 
which  the  subject  is  discussed.  Then  look  for  corresponding  and 
intermediate  pages  in  "Index  to  Members."  Where  reference  is 
made  to  journal  in  text  of  proceedings  it  refers  to  the  journal  of  the 
convention,  which  constitutes  the  first  125  pages  of  this  volume. 
All  index  reference  is  by  pages. 


GENERAL  INDEX. 


ADDRESS  TO    PEOPLE 1 16 

APPORTIONMENT 209 

BOARDS  OF    ARBITRATION 729 

CHINESE   LABOR 276 

CIVIL  SERVICE 832 

COMMITTEES.     Select  and  Special 3,  4,  8,  35,  46,  102 

Standing 22,23,36,131,   132,205,274 

COMMUNICATIONS .  19,  23, 27,  28,  29, 32,  37,  39, 53, 60,  63,  68, 

103,   no,   113,   147,  179,   181,   428,    786 

CONSTITU  TION 3 

CORPORATIONS 191 

"  Municipal 234,  255 

COUNTIES,  County  Seats,  Boundaries  and  Divisions  of 161 

"  Creation  of  New 166,  219,  235 

DEBATES  AND   PROCEEDINGS 131 

DISTRIBUTION  OF  POWERS 210 

ELECTIONS 210 

EXEMPTIONS 189,  800 

FEDERAL  RELATIONS 244 

FEMALE  SUFFRAGE 29,  30,  185,  219 

IRRIGATION  COMMISSIONERS 190 

JOURNAL i 

JUDICIAL  DEPARTMENT 220 

ILABOR 678 

"        Employment  on  Public   Works 579 

LEGISLATIVE  POWER,  Limitation  on 187 

LIVE  STOCK .' 319 

MILITIA 190 

MINES  AND  MINING 796,  798 


4  INDEX. 

OATH  of  Civil  Officers 183. 

"       of  School  Officers 243 

ORGANIZATION,  Temporary 3 

"  Permanent 6- 

PIPE  LINES 209 

POLICE,  Powers 579 

"  Prohibiting  the  Importation  of  Foreign 192 

PREAMBLE 157,  167,  210 

PRINTING 20,  24,  30,  So,  82 

PUBLIC   FUNDS,  Forbidding  Improper  Use  of 185 

PUBLIC  INDEBTEDNESS • 206 

PUBLIC  SCHOOLS 186 

.   QUALIFICATIONS  OF  ELECTORS 187,189,837 

RAILROADS  AND  TELEGRAPHS 188 

REPORTS,  Committee  of  the  whole 17,  18,  48,. 

52,  54,  55,  62,  65,  67,  72,  73,  74,  76,  Si,  82,  84,  85, 
86,  89,  90,  92,  93,  94,  95,  98,  100,101,  106,  107,  108 

"  Special  Committees 4,9,18,20,26,31,41,  113: 

"  Standing  Committees 30,  34,, 

40,  44,  47,  49,  54,  58,  59,  60,  61,  63,  65,  67,  68,  71, 

RESOLUTIONS 5,  8,  9,  24,  26,  27,  28,  37,  42,. 

43,  45,46,  59,  67,  82,  93,  105,  109,  112,  124 
RULES 9,  iT- 
STENOGRAPHER  20,  31,  43,  46 

SUPREME  COURT 220- 

TAXATION 1 86 

WAYS  AND  MEANS S,  20,  31,41: 


INDEX. 


PROPOSITIONS. 


TITLE. 

INTRODUCTION  AND 
1  REFERENCE..  

1 

GENERAL  AND  SPE- 
CIAL OKDKKS  

FINAL  READING  .. 

MISCELLANEOUS  — 

Declaration  of  Ri^his 

'25 

81 

Legislative  Department  
Executive  
Judiciary 

2o 
25 
25 

58 



Qualifications  for  Office  
Elections 

25 

87 
S7 





Taxa,  iOTi  and  Revenue 

95 

65 

Education. 

95 

67 

Militia 

95 

58 

£8 

Public  Officers 

95 

87 

City  Charters 

95 

40-71 

41 

Railroads 

25 

20 

44 

County  Seats,   Boundaries  and  Division  of 
Counties 

27 

54 

54 

Concerning  School  Lands 

27 

76 

49 

iConcernin0'  Private  Detective  Agencies 

97 

54 

Qualifications  of  State  Officers 

"7 

44 

44 

Creation  of  New  Com*  ties  and  Municipal 
Corporations  .     . 

71 

41 

43 

Preamble 

27 

81 

Freedom  of  Consciene  
jCreation  of  New  Counties 

27 
97 

81 
41 

43 



Concerning  Oat'i  of  all  Civil  Officers 

87 

33 

Concerning  one  of  the  Duties  of  the  Attor- 

82 

96 

49 

33 

Forbidding  the    Improper    Use  of    Public 

33 

65 

33 

Concerning  Taxation 

33 

65 

33 

Public  Schools 

33 

67 

33 

.  .  . 

Concerning  Qualifications  of  Electors  

33 
33 

49 

58 

33 

Relating  to  Railroad  and  Telegraph  Lines.  . 
Qualifications  of  Electors  

33 

33 

60 
49 

33 

84 

State  Militia  
Irrigation  Commissioners  
Militia 

33 
S3 

33 

'"68 

58 

33-59 



33 

33 

33 

71 

33 

Concernin^  the  Ballot 

33 

49 



Prohibiting  the  Importation  of  Foreign  Po- 
lice .         

33 

33 

65 

37 

36 

71 

36 

58 

36 

81 

36 

Distribution  of  Powers  

36 
36 

44 

49 

45 

F.6 

55 

County  Organizations  

38 

54 
49 

54 



3S 

61 

38 

59 

'18 

3S 

65 

ft 

65 

In  Relation  to  the  Executive  Department.  . 

3S 

59 

-  5 


INDEX. 


^ 

TITLE. 

INTBODUCTION  AND 
REFEBENCE  

1  REPOBTED  BACK  

GENERAL  AND  SPE- 
CIAL OBDEBS  

FINAL  READING  

MISCELLANEOUS  

1  1rrigation  and  Water  Rights  (by  Committee 
No  8)  £  
j  Municipal  Corporations  (Sub4titutefor  File 
No.  11  by  Committee  No.  12)  
)  Qualifications  for  Office  

40 

40 
44 
44 
44 
44 
44 

68 

'"67 
61 
97 
58 

53 
49 
'"61 

51 
'"91 

52 
50-51-52-48-55 
"84-90 

)  B'ederal  Relations 

I  Incorporation  of  Cities,  Towns  and  Counties 
5  Legislative  Department 

.  Revenue  

i  General  Oath  of  Office.  .  •  
5  Salaries  ol  County  Officers  

44 
44 

50 
50 

49 
53 
53 
& 

87 
97 
61-73 

.... 

"  61 

'"61-73 

87 

'  Chinese  Labor  
Ordinances 

67-84-86 

{Concerning  Suffrage  (Substitute  for  Files 
No.  16,  25,  29,  32,  39  and  47,  by  Committee 
No   5). 

53 

69 

63-65-66-68 

)  Concerning  Trusts  

)  Cncerning  Contracts  of  Employes,  Etc  
Railroads.        

61 

71 

66-68-72 

>  Corporations.                    

7, 

.... 

||  Legislative  Apportionment  
(Legislative  Apportionment  .... 

54 
54 

State  Boundaries  

54 

Concerning  Apportionment  and  Legislative 
Departpartment  

"58 

5S 
58 

77 
'"63 

83 
"'66 

88-89 
'"7i 

72-78-80-82-87-111 

Concerning  a  State  Examiner  
Concernincr  Live  Stock             

Concerning  Rights  of  the  People  

Concerning  Salaries  of  Public  Officers  
Declaration  of  Rights  .  .         ... 

62 

68 
68 
71 

7S 

97 

'"73 
97 

'"73 

"6i 

87 

10? 
104 
96 
110 
104 
105 

72 

81 
84-88 

Police  Power* 

Relating  to  Salaries  of  Public  Officers  
Concerning  Boards  of  Arbitration  

84-86 
85 
99 
100 

'"101-167 

Concerning  Labor  
Public  Lands  and  Donations 

76 
76 

90 

85 
76 

77 
82  95 
89 

Concerning  Coal  Mines 

Preamble        .           

81 
89 
96 
105 

"ioi 

Schedule 

Boards  of  Arbitration  
Mines  and  Mining  

Exemptions.  
Concerning  Qualifications  of  Electors  
Amendments  (Substitute  for  File  No.  13,  by 
Committee  No.  18)  
Substitute  for  Files  No.  19  and  22  
Substitute  for  File  No.  14  by  Committee  No  6 
Substitute  for  Files  No.  17  and  40  by  Commit- 
tee No  10 

105 
110 

45 
41 
54 

54 

58 
59 

"iii 

111 
45 

108 

56 
59 
57 

78 
78 
91 
79-88 

103 
105 
80 
92 
104 
108 

107 

55 
52-54-55-59 
55 

66 

74-77 
72-73-74-77 

54 
54 

Substitute  for  Files  No.  9  and  36  by  Com- 
mittee No.  16  
Substitute  for  Files  No.  51  and  56  by  Com- 
mittee No.  3  

Substitute  for  File  No.  31  by  Commiltee  No 

Substitute  for  File  No.  50  by  Committee  No. 
4 

60 
61 
63 
65 

67 
68 
71 
87 
97 

97 
80 
9J 

61 

61-62-74 

65-84-95 
67 
68-73 
71 
87 
97 

75-80-84-86 
66-68 
89-90-92-93-94-95 
98-99 
76-78-80 
86 
100 
106 

Substitute  for  File  No.  78  by  Committee  No. 

Substitute  for  Files  No.  7,  26,  27,  41,  54  and  55 
by  Committee  No.  11  
Substitute    for    Files    No.  59,  8  and  28  by 
Committee  No.  7                   .  .. 

Substitute  for  Files  No.  35  and  57  by  Com- 
mittee No.  8 

Substitute  for  Files  No.  11,  38,  42  and  72  by 
Committee  No.  13  ...        .             

Substitute  for  Files  No.  5,  6,  10,  23  and  64  by 
Committee  No.  5. 

Substitute  for  Files  No.  61,  65,  80  and  83  by 
Committee  No.  15  ... 

INDEX  TO  MEMBERS. 


BROWN,   MELVILLE   C.,   Member  from   Albany    (President   of  Con- 
vention). 

Motions  made  by  7,  259,  359,  579,  580,  024,  712,  768,  769,  773. 
Motions  to  amend  by  289,  397,  401,  473,  475,  486,  552,  553,  588,  614, 
616,  683,  713,  716,  719,  733,  742,  760,  767,  820,  827. 
Communications  presented  by  19,  23,  27,  28,  29,  32,  37,  39,  53,  60, 
(53,  68,  103,  110,  113,  147,  181,  428. 

Remarks  by  131,  133,  134,  136,  137,  140,  141,  144,  147,  153,  157,  161, 
164,  179,  180,  184,  194,  196,  204,  213,  216,  223,  229,  233,  237,  239,  250, 
256,  257,  259,  260,  263,  265,  267,  268,  270,  271,  272,  275,  284,  288,  289, 
292,  295,  306,  311,  319,  322,  340,  357,  359,  361,  363,  365,  369,  372,  373, 
380,  393,  400,  401,  402,  408,  409,  410,  423,  424,  438,  444,  456,  459,  460, 
462,  464,  474,  476,  496,  502,  504,  509,  511,  512,  530,  537,  538,  550,  555, 
563,  575,  577,  580,  581,  590,  592,  594,  595,  597,  599,  604,  609,  613,  614, 
615,  618,  619,  621,  622,  625,  637,  640,  643,  645,  663,  664,  677,  679,  681, 
687,  689,  690,  691,  693,  701,  703,  704,  707,  708,  709,  710,  717,  723,  724, 
731,  734,  735,  738,  740,  741,  743,  744,  745,  747,  758,  763,  764,  765,  767, 
774,  777,  778,  779,  781,  783,  784,  786,  790,  797,  824,  826,  832,  837,  842, 
843,  850,  861,  862,  864. 

BALDWIN,  M.  N.,  Member  from  Fremont, 
llooiarks  Vy  232. 

BARROW,  M.  C.,  Member  from  Converse. 
Motions  by  539,  547. 
Motions  to  amend  by  309,  455,  490. 
Propositions  introduced  by  27,  54. 
Remarks  by  255,  316,  434,  459,  517,  539,  540,  543. 

BAXTER,  GEO.  W.,  Member  from  Laramie. 

Motions  made  by  43,  50,  52,  64,  73,  236,  237,  241,  509,  600,  645,  674, 

819. 

Motions  to  amend  by  22,  r>2,  :',7().  349,  429.  476,  477,  498,  617,  700,  708, 

721,  727,  732,  740,  743,  758,  780.  781,  813. 

Propositions  introduced  by  27,  32,  33,  54. 

Resolutions  offered  by  827. 


S  INDEX. 

Remarks  by  153,  158,  183,  194,  204,  232,  242,  251,  252,  260,  275,  276, 
278,  328,  330,  339,  340,  347,  361,  364,  377,  378,  379,  380,  383,  391,  394, 
396,  431,  432,  447,  449  467  469  472,  488,  490,  491,  497,  500,  502,  525, 
539,  548,  553,  560,  567,  572,  574,  581,  582,  584,  588,  589,  616,  618,  626, 
661,  676,  677,  685,  686,  687,  700,  702,  719,  720,  725,  727,  730,  732,  744,. 
745,  777,  799,.  811,  813,  817,  818,  831,  846,  852. 

BURDICK,  C.  W.,  Member  from  Carbon. 
Propositions  introduced  by  33. 
Remarks  by  307,  624. 

BURRITT,  CHARLES,  Member  from  Johnson. 

Motions  made  by  9,  49,  66,  73,  82,  83,  93,  102,  111,  227,  260,  270,  277,, 

280,  288,  313,  477,  478,  534,  552,  623,  625,  721,  764,  784,  785,  801,  820, 

829. 

Motions  to  amend  by  24,  50,  96,  278,  297,  475,  497,  630,  634,  695,  711, 

728,  733,  742,  759,  760,  779,  780,  858. 

Propositions  introduced  by  110. 

Resolutions  offered  by  124. 

Remarks  by  136,  139,  140,  141,  153,  159,  163,  225,  227,  238,  245,  256, 

259,  261,  263,  265,  266,  272,  288,  293,  296,  303,  310,  314,  356,  359,  396, 

398,  409,  428,  467,  476,  498,  504,  506,  507,  508,  512,  516,  527,  535,  536, 

550,  551,  557,  567,  588,  589,  592,  616,  617,  620,  621,  625,  628,  631,  632,. 

633,  635,  673,  679,  680,  702,  712,  714,  715^  716,  717,  730,  731,  733,  734, 

735,  743,  752,  758,  763,  776,  777,  780,  788,  813,  829,  833,  837,"  839,  840,, 

842,  856,  859. 

BUTLjER,  R.  C.,  Member  from  Converse. 

CAMPBELL,  A.  C.,  Member  from  Lararnie. 

Motions  made  by  8,  31,  32,  39,  43,  50,  53,  70,  74,  112,  241,  279,  314, 

317,  342,  409,  429,  482,  495,  547,  549,  575,  579,  611,  623,  624,  674,  694, 

785,  817,  829,  852. 

Motions  to  amend  by  89,  96,  115,  297,  344,  370,  385,  405,  408,  410, 

461,  484,  494,  628,  634,  635,  697,  726,  748,  769. 

Propositions  introduced  by  27,  38,  44. 

Resolutions  offered  by  46. 

Remarks  by  135,  142,  148,  156,  157,  167,  196,  198,  231,  251,  257,  262, 

285,  298,  300,  303,  305,  311,  329,  331,  334,  345,  358,  360,  361,  362,  3(34, 

365,  369,  370,  373,  376,  394,  399,  406,  415,  424,  431,  434,  435,  436,  437, 

440,  441,  442,  443,  450,  452,  460,  461,  463,  468,  473,  479,  484,  487,  489, 

495,  524,  538,  562,  578,  595,  615,  619,  627,  630,  633,  637,  660,  675,  680, 

681,  699,  703,  725,  726,  728,  752,  774,  781,  788,  800,  804,  808,  809,  812,. 

822,  830,  845,  850,  859,  863. 

CASEBEER,  J.  A.,  Member  from  Carbon. 
Remarks  by  341,  358. 

CHAPLIN,  WILLIAM  E.,  Member  from  Albany. 
Motions  made  by  7,  21,  22,  37,  77,  95,  625,  744,  794. 
Motions  to  amend  by  601,  760,  766. 
Propositions  introduced  by  27,  38. 
Remarks  by  174,  242,  462,  546,  549. 

CLARK,  CLARENCE  D.,  Member  from  Uinta. 
Motions  made  by  112,  731,  782. 


INDEX.  9 

Motions  to  amend  by  69,  91,  289,  436,  487,  635,  676,  738,  740,  753,  776, 

801,  824. 

Resolutions  offered  by  124. 

Remarks  by  294,  430,  431,  434,  435,  440,  442,  454,  496,  507,  516,  526, 

544,  546,  629,  632,  633,  646,  659,  669,  677,  680,  689,  692,  693,  698,  699, 

704,  718,  731,  738,  753,  755,  775,  778,  781,  793,  795,  796,  797,  803,  804, 

828,  829,  833,  839,  841,  845,  846*  847,  851,  857,  863. 

COFFEEN,  HENRY  A.,  Member  from  Sheridan. 

Motions  made  by  8,  31,  483,  624,  625,  747,  760,  841,  845. 

Motions  to  amend  by  34,  80,  88,  478,  490,  710,  746,  748,  749,  794,*  819, 

821,  862. 

Propositions  introduced  by  33. 

Resolutions  offered  by  24. 

Remarks  by  19,  135,  137,  140,  154,  175,  179,  194,  195,  199,  226,  230, 

231,  282,  283,  285,  298,  302,  304,  305,  308,  309,  312,  322,  328,  360,  362, 

379,  385,  420,  436,  440,  441,  455,  462,  464,  480,  481,  482,  483,  484,  490, 

504,  505,  509,  512,  527,  533,  534,  536,  538,  539,  541,  545,  546,  564,  570, 

572,  574,  583,  584,  591,  592,  593,  595,  597,  600,  605,  606,  628,  630,  631, 

635,  636,  637,  658,  659,  660,  677,  678,  696,  699,  700,  702,  704,  706,  707, 

710,  712,  719,  723,  727,  730,  731,  736,  737,  740,  744,  746,  751,  752,  762, 

763,  765,  766,  767,  768,  783,  785,  791,  794,  806,  812,  813,  817,  819,  820, 

823,  830,  832,  836,  840,  846,  851,  854,  857,  858,  861,  864. 

CONAWAY,  A.  B.,  Member  from  Sweetwater. 
Motions  made  by  61. 

Remarks  by  144,  164,  199,  228,  240,  283,  291,  301,  327,  329,  331,  332, 
337,  349,  350,  357,  377,  385,  396,  397,  422,  439,  442,  466,  469,  474,  478, 
481,  486,  487,  489,  498,  506,  546,  849. 

DOWNEY,  STEPHEN  W.,  Member  rom  Albany. 
Motions  made  by  5,  7,  8. 

ELLIOTT,  H.  S.,  Member  from  Johnson. 

Motions  made  by  40,  62,  64,  73,  81,  97,  327,  329,  330,  360,  380,  381,  547, 

712. 

Motions  to  amend  by  80,  534,  794. 

Remarks  by  149,  241,  245,  302^  383,  415,  417,  495,  533,  545,  548,  551, 

552,  556,  702,  707,  709,  716,  724,  795,  812,  813,  828,  836,  843,  844,  846, 

849,  858,  861. 

FERRIS,  GEORGE,  Member  from  Carbon. 

FOOTE,  FRANK  M.,  Member  from  Uinta. 

FOX,  GEORGE  W.,  Member  from  Albany. 

Motions  made  by  6,  19,  21,  26,  39,  43,  67,  80,  97,  98,  232,  276,  316,  320, 

476,  534,  595,  624,  716,  718,  749,  774,  786. 

Motions  to  amend  by  103,  236,  369,  395,  405,  408,  508,  617,  737,  748, 

767,  787,  822. 

Propostions  introduced  by  27,  33,  36,  44. 

Resolutions  introduced  by  5,  24,  43. 

Remarks  by  138,  152,  153,  154,  157,  184,  197,  212,  228,  233,  237,  239, 

240,  262,  272,  282,  287,  290,  294,  295,  297,  310,  312,  365,  366,  379,  397, 

399,  405,  451,  461,  463,  465,  466,  470,  472,  475,  476,  508,  509,  533,  537, 

549,  553,  554,  573,  587,  597,  603,  607,  614,  617,  621,  623,  629,  681,  697, 

700,  703,  704,  705,  710,  716,  732,  750,  762,  768,  776,  782,  787,  788,  789, 

794,  798,  799,  811,  812,  819,  822,  846. 


10  INDEX. 

FRANK,  MEYEit,  Member  from  Crook.  u 

Motions  made  by  50.  : 

Propositions  introduced  by  38. 

Remarks  by  217,  227,  274,  302,  305. 
GRANT,  MORTIMER  N.,  Member  from  Albany. 

Motions  made  by  4,  19,  21,  327,  G97,  747,  827. 

Motions  to  amend  by  484,  491,  <678,  733,  737,  749,  789,  81(3,  820,  821. 

822,  823,  824,  828. 
Propositions  introduced  by  33,  36,  38,  44,  54. 

'Remarks  by  149,  327,  381,  383,  399,  462,  478,  492,  693,  699,  711,  713. 

714,  717,  732,  740,  748,  754,  757,  788,  790,  832. 
HARVEY,  FREDERICK  H.,  Member  from  Converse. 

Motions  made  by  111,  455,  623,  729. 

Motions  to  amend  by  676,  679,  680,  699,  718,  719,  725,  858. 

Propositions  introduced  by  50. 

Remarks  by  261,  299,  304,  307,  311,  316,  378,  388,  404,  409,  418,  438, 

439,  453,  461,  466,  507,  517,  566,  589,  594,  595,  597,  608,  617,  662,  676, 

711,  721,  725.  823.  832,  844,  845,  846,  849,  850. 
HAY,  HENRY  G.,  Member  from  Laramie. 

Motions  made  by  20,  23,  80,  223,  227,  297,  320,  442,  477,  514,  548,  718. 

Motions  to  amend  by  6,  39,  549,  606,  626,  637,  704,  711,  721,  723,  779, 

791,  821. 

Propositions  introduced  by  54,  58,  62. 

Resolutions  offered  by  8,  42,  105,  112. 

Remarks  by  133,  153,  175,  204,  214,  223,  229,  294,  302,  313,  323,  382, 

383,  395,  405,  423,  459,  460,  464,  465,  467,  471,  501,  504,  505,  532,  536, 

546,  550,  553,  555,  564,  580,  594,  595,  597,  599,  607,  623,  627,  628,  640, 

643,  644,  659,  700,  701,  705,  706,  707,  709,  710,  713,  714,  717,  720,  724, 

728,  743,  744,  747,  752,  767,  768,  771,  776,  778,  779,  781,  792,  798,  799, 

802,  803,  804,  805,  810,  816.  817,  818,  821,  823,  832,  845,  846,  847,  852, 

864. 
HOLDBN,  C.  W.,  Member  from  IJinta. 

Motions  made  by  25.  "  Vl  1!>*     •--. 

Motions  to  amend  by  70,  767,  816. 

Propositions  introduced  by  105. 

Resolutions  offered  by  46. 

Remarks  by  252,  350,  364,  367,  369,  374,  431,  437,  449,  470,  489,  490, 

510,  522,  524,  529,  565,  569,  610,  691,  736,  754,  755,  766,  817,  818,  824, 

842. 
HOPKINS,  MARK,  Member  from  Sweetwater. 

Motions  to  amend  by  120,  748,  794. 

Remarks  by  431,  436,  487,  491,  495,  690,  744,  750,  764,  766,  790,  791, 

793,  835,  846,  853,  854,  856. 
HOYT,  JOHN  W.,  Member  from  Albany. 

Motions  made  by  6,  9,  74,  109,  694. 

Motions  to  amend  by  114,  487,  581,  584,  729,  732,  759,  848. 

Propositions  introduced  by  68,  109. 

Resolutions  offered  by  9,  28,  45. 

R« 'in arks  by  140,  150,  158,  179,  194,  258,  287,  353,  359,  360,  361,  364, 

366,  369,  380,  392,  397,  433,  437,  445,  465,  489,  497,  501,  507,  518,  529, 


1 1 

549,  559,  570,  581,  584,  585,  586,  587,  608,  6lO,  615,  622',  671,  673,  677, 
691,  719,  720,  723,  724,  730,  731,  736,  737,  738,  740,  742,  743,  74(5,  74S, 
749,  750,  755,  758,  766,  772,  773,  786,  800,  810,  831,  832,  83'3,  836,  842, 
844,  846,  851,  854,  859,  862,  863. 

IRVINE,  WILLIAM  C.,  Member  from  Converse. 
Motions  made  by  6,  7,  20,  27,  37,  45,  253,  476,  477. 
Motions  to  amend  by  305. 
Remarke  by  153,  162,  163,  203,  205,  216,  225,  230,  259,  534,  544,  549, 

550,  573,  626,  782,  828. 

JEFFREY,  JOHN  K.,  Member  from  Laramie. 

Motions  made  by  37,  44,  46,  49,  54,  55,  67.  253.  254.  308,  623. 

Motions  to  amend  by  616,  761. 

Propositions  introduced  by  36,  38. 

Resolutions  offered  by  26. 

Remarks  by  132,  133,  154,  155,  157,  180,  213,  241,  253,  272,  314,  315, 

343,  344,  472,  473,  505,  566,  645,  684,  686,  687,  714,  715,  735,  742,  751, 

769,  773,  776,  777,  780,  781. 
JOHNSTON,  JAMES  A.,  Member  from  Laramie. 

Motions  made  by  32,  76,  90,  234,  308,  496,  551,  773,  784. 

Motions  to  amend  by  259,  733,  743,  748,  764,  780,  789,  817. 

Resolutions  offered  by  82. 

Remarks  by  175,  204,  240,  242,  252,  259,  260,  289,  290,  291,  292,  294, 

297,  325,  327,  329,  408,  448,  502,  506,  508,  510,  511.  578.  750,  757,  790, 

836.  863. 
JONES,  JOHNATHAN,  Member  from  Uinta. 

Motions  made  by  409. 

Propositions  introduced  by  53,  76. 

Remarks  by  609,  (510. 
KNIGHT,  JESSE,  Member  from  Uinta. 

Motions  to  amend  by  849. 

Remarks  by  836,  849,  856. 

MENOUGH,  HERMAN  F.,  Member  from  Sweetwater. 
McCANDLISH,  JOHN  M.,  Member  from  Johnson. 

Motions  made  by  21. 

Propositions  introduced  by  44,  53. 

Remarks  by  282,  314,  396,  424,  557,  590,  810. 
MORGAN,  ELLIOTT  S.  N.,  Member  from  Laramie. 

Motions  made  by  3,  9,  17,  18,  65,  316,  382,  606,  680,  819. 

Motions  to  amend  by  613,  621,  680,  681,  707,  759. 

Propositions  introduced  by  25,  36,  44. 

Resolutions  offered  by  37,  59,  67,  109,  124. 

Remarks  by  138,  139,  140,  141,  142,  147,  197,  211,  218,  222,  227.  228, 

229,  273,  284,  285,  300,  318,  323,  324,  328,  329,  331,  340,  341,  363,  366. 

374,  379,  391,  398,  399,  400,  402,  404,  409,  410,  417,  4*t,  434,  435,  440, 

451,  454,  463,  470,  474,  482,  491,  516,  528,  544,  547,  567.  573.  575.  596. 

601,  603,  605,  613,  614,  616,  617,  627,  628,  629,  632,  633,  635,  636,  681, 

708,  730,  735,  751,  752,  765,  769,  770,  809,  827,  834,  840,  846,  855. 
McGILL,  JOHN,  Member  from  Albany. 
MORRIS,  EDWARD  J.,  Member  from  Sweetwater. 

Remarks  by  318. 


12  INDEX.  I 

NICKERSON,  H.  G.,  Member  from  Fremont. 

Motions  made  by.  104. 

Motions  to  amend  by  791. 

Propositions  introduced  by  3G. 

Remarks  by  513,  792,  794. 
ORGAN,  CALEB  P.,  Member  from  Larainie. 

Motions  made  by  35,  49,  273,  644. 

Remarks  by  548,  846. 
PALMER,  LOUIS  J.,  Member  from  Sweetwater. 

Motions  made  by  28,  103,  358,  424,  426,  691,  788,  789. 

Motions  to  amend  by  475. 

Propositions  introduced  by  27,  33,  68. 

Remarks  by  152,  184,  197,  254,  258,  273,  283,  357,  358,  363,  377,  401, 

414,  421,  442,  450,  460,  466,  471,  482,  484,  538,  683,  685,  688,  689,  796, 

798,  800,  855. 
POTTER,  CHARLES  N.,  Member  from  Laramie. 

Motions  made  by  8,  17,  20,  27,  33,  42,  48,  51,  55,  56,  74,  89,  237,  254, 

269,  270,  281,  316,  321,  368,  401,  407,  539,  547,  579,  580,  601,  712,  718, 

742,  784,  800. 

Motions  to  amend  by  34,  50,  70,  79,  103,  297,  305.  395,  481,  487,  494, 

553,  575,  607,  623,  698,  701,  708,  731,  732,  759,  760,  761,  702,  763,  769, 

777,  781,  782,  787,  795. 

Propositions  introduced  by  33. 

Resolutions  offered  by  59. 

Remarks  by  138,  146,  155,  156,  162,  164,  167,  184,  196,  197,  213,  238, 

239,  240,  250,  256,  258,  261,  263,  266,  268,  271,  275,  277,  280,  281,  285, 

286,  290,  292,  293,  298,  307,  309,  323,  324,  329,  333,  339,  359,  360,  362, 

363,  370,  383,  394,  396,  398,  400,  405,  406,  410,  414,  441,  442,  444,  468, 

470,  474,  477,  481,  485,  488,  489,  509,  515,  516,  524,  526,  538,  543,  556, 

567,  576,  577,  578,  583,  584,  587,  588,  594,  596,  600,  603,  608,  621,  622, 

(J55,  675,  677,  680,  687,  700,  701,  703,  704,  705,  711,  712,  729,  737,  740, 

741,  758,  760,  764,  770,  779,  781,  782,  783,  787,  790,  801,  802,  813,  825, 

SIM;,  843,  846,  851,  856,  859,  862,  863. 
PR/ESTON,  D.  A.,  Member  from  Fremont. 

Motions  made  by  408. 

Motions  to  amend  by  487,  773. 

Remarks  by  318,  323,  384,  418,  433,  435,  442,  483,  485,  486,  492,  513, 

514,  523,  524,  559,  500,  608,  741,  762,  765,  808,  809,  815,  835,  846,  857, 

859. 
REID,  THOMAS  R.,  Member  from  Lnramio. 

Motions  made  by  4,  28,  368,  407,  5SI. 

Motions  to  amend  by  405,  57!>. 

Propositions  introduced  by  33,  f>0,  90. 

Remarks  by  133,  13<;.  139,  2:51.  402.  405,  40(5,  430.  447,  590,  593,  620, 

799. 
RICHARDS,  De  FOURIOST,  Member  from  Converse. 

Propositions  introduced  by  71. 

Remarks  by  320,  448. 


INDEX.  ,3 

RINER,  JOHN  A.,  Member  from  Laramie. 

Motions  made  by  7,  9,  17,  19,  21,  24,  37,  39,  52,  59,  60,  62,  63,  66,  71, 
79,  85,  125,  232,  282,  307,  313,  342,  368,  401,  512,  514,  533,  583,  584, 
594,  601,  611,  623,  624,  745,  746,  764,  784,  819,  824,  827,  830,  838,  841, 
844,  845,  847,  852,  864. 

Motions  to  amend  by  69,  88,  460,  511,  613,  614,  629,  711,  713,  714,  718. 
732,  765,  766,  780,  818,  826,  845. 
Propositions  introduced  by  38. 

Remarks  by  134,  135,  136,  141,  142,  147,  148,  149,  224,  226,  229,  262, 
264,  265,  270,  271,  274,  284,  286,  298,  320,  321,  367,  396,  403,  405,  432, 
433,  445,  447,  452,  462,  463,  464,  466,  519,  532,  580,  581,  585,  586,  593, 
594,  597,  598,  604,  605,  606,  612,  613,  615,  616,  622,  627,  629,  630,  634, 
635,  657,  701,  702,  706,  709,  710,  716,  717,  719,  720,  730,  741,  742,  783, 
797,  798,  801,  802,  823,  826,  837,  840,  845,  857,  859,  860. 

RUSSELL,  JOHN  L.,  Member  from  Uinta. 
Motions  made  by  606,  607. 
Propositions  introduced  by  105. 

Remarks  by  249,  260,  441,  449,  452,  454,  513,  608,  690,  696,  757,  765, 
766,  767,  793,  796,  798,  838,  853,  855. 

SCOTT,  RICHARD  H.,  Member  from  Crook. 

SMITH,  GEORGE  C.,  Member  from  Carbon. 
Motions  made  by  42,  227,  316,  474. 

Motions  to  amend  by  70,  89,  121,  261,  407,  461,  475,  736,  758,  764,  765, 
857. 

Propositions  introduced  by  38. 
Resolutions  offered  by  93. 

Remarks  by  134,  137,  141,  143,  148,  151,  154,  156,  179,  184,  195,  198, 
212,  218,  225,  226,  230,  238,  240,  242,  257,  261,  262,  268,  274,  279,  323, 

337,  366,  375,  400,  405,  435,  437,  438,  439,  447,  452,  453,  460,  461,  462, 
471,  477,  480,  483,  501,  510,  531,  550,  569,  588,  589,  593,  597,  599,  602, 
627,  634,  644,  703,  723,  724,  735,  752,  753,  759,  761,  762,  772,  799,  814, 
831,  835,  840,  S51,  859. 

SUTHERLAND,  A.  L.,  Member  from  Albany. 

Remarks  by  383,  402,  404,  494,  583,  607,  615,  700,  734,  757,  771,  793, 

834. 
TESCHEMACHER,  H.  E.,  Member  from  Laramie. 

Motions  made  by  5,  7,  21,  22,  26,  51,  63,  64,  65,  66,  72,  94,  712,  317, 

338,  401,  408,  427,  428,  455,  537,  587,  626,  694,  718,  784. 
Motions  to  amend  by  21,  39,  225,  254,  719. 
Propositions  introduced  by  33. 

Remarks  by  133,  143,  146,  150,  151,  156,  160,  198,  211,  212,  2L>2.  22r>, 
228,  231,  249,  280,  281,  285,  286,  287,  307,  310,  315,  331,  332,  337,  362, 
365,  366,  367±  380,  381,  389,  394,  395,  396,  398,  399,  400,  413,  417,  420, 
429,  430,  434,  438,  441,  451,  458,  491,  515,  534,  544,  562,  572,  573,  575. 
576,  577,  578,  612,  617,  018,  623,  625,  627,  628,  633,  634,  636,  644,  653, 
664,  673,  674,  675,  678,  683,  690,  699,  704,  719,  722,  737,  749,  752,  754, 
762,  769,  772,  773,  777,  778,  779,  781,  782,  784,  788,  789,  801,  829,  837, 
843,  844,  846,  847,  862,  863. 
VAGNER,  C.  L.,  Member  from  Carbon. 
Remarks  by  683. 


TOPICS    OP  DEBATE. 


Adoption  of  the  Constitution  of  the  United  States 

154—157,  249—251,  255,  270—273,  287 

Amendments  (Substitute  for  File  18) 316 

Boards  of  Arbitration   (Pile  84) 588—594,  G25 

Boards  of  Arbitration  (Pile  90) 784,  795 

Chinese  Labor  (File  66) 405—407,  409 

Civil  Service 832—837 

Contracts  of  Employees  (Substitute  for  Files  17  and  40) 

401—404,   443^54 

Corporations  (Substitute  for  Files  11,  38,  42,  72) 

594—606,  612—624,  679,  680 

County  Organization  (Substitute  for  Files  19  and  22) 297—313 

County  Seats,  Boundaries  and  Divisions  of  Counties  (Substitute  for 

File  14) 161—165,  316 

Credentials 152—154,  160,  204 

Education  and  Public  Buildings  (Substitute  for  Files  59,  28  and  8) 

729—749,  775 

Elections  and  Qualifications  to  Office  (Substitute  for  Files  5,  6,  10, 

23,  64) 183,  184,  769—773,  795 

Executive  Department  (Substitute  for  Files  51  and  56) 460—475 

Federal  Relations  (File  60) 587,  588,  675,  676 

Final  Reading  of  Constitution 847—864 

Freedom  of  Conscience  (File  21) 167,   168 

Homesteads  (File  92) 824,  825 

Irrigation  and  Water  Rights  (File  57) 289—297,  497—512,  534—537 

Judicial  Department  (Substitute  for  File  50). 330— 338,  478-495,  514—533 

Labor  (File  85) 606—611,  678 

Legislative  Department  and  Apportionment  (File  76). . 

409—426,  455—460,  539—547,  552—575,  626—637,  843—845 

Mines  and  Mining  (Piles  87  and  91) 764—769,  791-798 

Municipal  Corporations  (Pile  58,  Substitute  for  File  11) 

255-270,  272,  277-286, 

Ordinances..  ..196—199 


INDEX.  15 

Preamble  and  Bill  of  Rights  (Files  20,  88)).  .157,  167,  718—721,  723-728 

Presentation  of  Propositions 138—148,  159 

Printing 135,  136,  174,  175,  212—214,  222,  224,  341,  551,  799 

Public  Indebtedness,  Limitation  of  (Pile  26) 713— 71G 

Public  Lands  and  Donations  (File  86) 749—764,  789—791 

Qualification  of  Electors  (File  93) 837—841,  842 

Qualification  of  State  Officers  (File  18 167 

Railroads  and  Telegraphs  (Substitute  for  File  31) 

476,  477,  580—587,  676—678 

Resolutions 211—215,  238 

Revision 831,  832 

Rights  of  Members 216—218 

Rules 194—199,  225—232,  239,  241,  288,  339—341 

Salaries  of  Public  Officers  (Substitute  for  Files  61,  65,  80,  83) 

801—824,  828,  829 

Schedule  (File  89) 775—784,  825—827 

State  Militia  (Substitute  for  Files  9  and  36) 475,  476 

Suffrage  and  Elections  (Substitute  for  Files  16,  25,  29,  32,  39  and 

47) 344—378,  383—401,  429—443 

Taxation  and  Revenue  (Substitute  for  Files  7,  26,  27,  41,  54  and  55) 

594,  637—674,  680—712,  716—718,  786—789 

United  States  Senate  Committee  on  Arid  Lands 

134,    327—330,    378—380,   408 


ERRATA. 


Page  61.    Omit  the  first  line. 

Page  81.  Insert  between  the  words  "Charles  H.  Burritt,  Chairman," 
and  "John  K.  Jeffrey,"  the  following:  "On  motion  of  Mr.  Burritt  the 
report  was  adopted.  Committee  No.  18  submitted  the  following  report: 

'Cheyenne,  Sept.  24,  1889. 
•Mr.  President: 

'Your  Committee  No.  18  present  herewith  an  article  headed  'sched- 
ule' and  recommend  that  the  matters  therein  contained  be  embodied  in 
the  constitution.'  " 


Mf  I 

5* 


